HomeMy WebLinkAboutNYS DEC Ner.w, YOrk State Department of Environmental C~onservation
~Divis,on of Management & Budget Services
:Bureau of Revenue Management- Revenue Accounting Unit, 10th Floor
'625 Broadway, Albany, New York 12233-50'12
Phone: (518~) 402-9368 · FAX: (5181 402-9023
;Website: wWW.d~c.state.ny, us RECFJV~~'D
Edn M. Crotty
Commissioner
June 4, 2002
dUN 1 0 2002
Soothold Town tler[
Dear Agent:
Attached Ss an executed copy of the Agreement'lS~gt~e~,.~,y0.u~§ an Xgent, and th~s Depai*nnent. I am
pleased that you have agreed to participate :i~i~D~E~'S; ~h~ Department's automated licensing system. I
am sure you will be stzrprised at ~e ease of use of this new system. The test agents who are currently
using the system have expressed their pleasure in the way DECALS performs.
In the future, you will be notified of the training schedule, asked for information about an electronic
transfer of funds date, and various other information pertinent to DECALS. However, if you have any
questions prior to our contacting you, please call me at 800-622-0280.
Very truly yours,
Doris McCarthy
Supermsor
Revenue Accounting Unit
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
LICENSE ISSUING AGENT AGREEMENT
(Do not alter this Agreement. If information is.incorrect, please call the New York State
Department ofEnvir~nmemal Consei-vation at 518-401~-9368.)
This Agreement entered into between the New York State Department of Environmental
Conservation (hereinafter referred to as the "Department'), with offices at 625 Broadway,
Albany, New York 12233, and Elizabeth A. Neville _,
Town Clerk , as~;an~/oveliegVofficial of
To~tr}~ of Southold ' , 51095'Main Road
Southold' , New York , _
1
1
971
(hereinafter referred to as "Agent").
WITNESSETH:
WHEREAS, the Department is authorized by § 11-0713 of the Environmental Conservation Law
and 'applicable roles and regulations to appoint agents to issue licenses for the privilege of
hUliting and fishing in New York State; and
WHEREAS, the Agent has applied to the Department for appointment as such an agent; and
WHEREAS, the Department has determined that the Agent is qualified to be appointed as a
license issuing agent.
NOW THEREFORE, the parties hereto agree as follows:
APPOINTMENT
The Department hereby appoints the Agent to be an agent issuing hunting and fishing licenses
at approved locations as listed abox,e and/or on Attachment A.
DEPARTMENT REPRESENTATIONS
The Department hereby agrees that it will:
Provide the Agent with an on-tine terminal and printer (with printer paper and necessary
supplies) at each approved location for the sale and reporting of hunting and fishing
licenses and to provide necessary maintenance on the terminals or printers.
Pay a commission to the Agent for each license sold, as prescribed ~n Department laws.
rules and r~gulat/ons.
Provide appropriate training materials, including a toll free telephone "help desk" ser~4ce
to answer the Agents' questions and assist with problems.
Provide information materials at each approved location for the Agent to distribute to
Nmters, anglers, etc., regarding regulatory requirements for all authorized license
E. --Not.exercise contrr~l-over the-selection and dismissaI-of the Agent's employees.
AGENT REPRESENTATIONS
The Agent hereby agrees that it will:
Provide authorization, attached hereto as Attachment B. for tile Department to access a
bank account for electronic fund transfers to pay for all licenses sold. Fund transfers
shall be scheduled on a regular b~sis as determined by the Department.
Provide reasonable and nec~essary security to protect eqmpment and supplies from
damage and unauthorized use.
Provide that all terminals and printers are maintained in good working condition and
returned along with alt unused license stock when license sales ai'e no longer provided at
this location.
Pay alt amounts due to the Department. Failure to maintain an adequate balance in the
Agent's account may result in immediate termination o£ this Agreement.
Ensure that all eqmpment provided is connected to a telephone line for transrmssion of
license sales data daily. Failure to permit transmission of license sales data may result in
the termination of this Agreement.
Fo
~e Agent agrees that it wilI inderanif:y and save harmless the Department and the State
of New York fi-om and against all losses from claims, demands, payments, suits, actions,
recoveries and judgments of every nature and description brought or recovered against il
in a court of competent jurisdiction, to the extent such loss is attributable m a negligen!
om~ss~on or tortious act &the Agent, its agents, or employees, in the performance &this
Agreement.
The Agent is solely responsible for supervision or direction of the performance of the
Agreement to be performed by the Agent or the Agent's employees other than as
specific~ally provided herein.
LICENSE ISSUING CONDITIONS
All licenses authorized to be sold under this Agreement may only be sold by the Agent or
employees of the Agent on the premises of the business designated in this Agreement.
All employees authorized to issue licenses shall be trained by trained managers prior to
using the issuance system.
Page 2
Alt personal data provided by the customers shall be kept confidential to the extent
authorized by Iaw.
D. A~,I voided licenses for which credit is requested must be returned to the Department
within one Week of~e void actitm.
Ail funds received from the sale ofliceuses, less the commissi°n fee established by the
Department3'wiltbe-held,in trust for-the--Department. -Monies ct~llected from the sale of
licenses.are Department funds and any other use of such funds is prohibited. The Agent
acce~pls the responsu~bjlity and duties of trustee for all funds collected'for the benefit of
the Departmeni?nder th/s Agreement;
No license may he sold for a fee in excess of or less than the mount established by the
Department.
USE OF EQ '[rIPMENT AND SUPPLIES
Suppl/es and equipment assigned to the Agent for the printing of licenses are to be used
for that purpose only, unless prior approval of the Department is received for the
mai s t/se m other than the licensing system. Equipment is not transferable to other
issuing agent locations.
In the ex/ent that defective equipment is replaced, the Agent shall return the defective
equipment immediately to the specified repair center. The Agent shall pay for any such
equlpment no[returned, or equipment that shows obvious abuse. Failure to remit
payment for~ abused or urtretumed equipment may result in the immediate termination of
this Agreernem.
CHANGE IN OWNERSHIP
In the event ora change in ownership of the Agent's business, the Department must be
-notified 30 days in advance of such change. This Agent's appointment is not
transferable and shall apply only t6 the Agent's appointment to sell hunting and fishing
licenses.
COMPLIANCE INSPECTIONS
The Department reserves the right to inspect the business site or premises for the
purposes of assuring compliance with this Agreement
TERMINATION
This Agreement may be term/nated for cause if the Department determines that any false
statements or omissions were made on the Agent's applicatiom
This Agreement may be terminated for cause for failure to comply with the terms of this
Agreement, at any or all approved locations at any time by the Deparu-nent,
Either party may terminate this Agreement for convenience by 15 days written notice to
the other party.
Page 3
10.
I1.
12.
In the event of termination of this'Agreement, the Agent shall pay fo~ all licenses sold
and not previously paid for and remm all equiPment and supplies to the Department
within 30 days of such termination.
This Agreement shall remain in effect from the date of execution until termination,
APPLICABLE LAWS
A. This Agreemem shall be governed by the laws of the State of New York.
B. A1J licenses shall be~issue~ in accordance with the provisions of ~ New York Codes,
R~Ies affd R(g~fions offl~ State 6fNew York and New Yorl~ ~ate Law and the
P°i/de. sand i~ocedures of the DePartment.
TOTAL AGREE~VlENT
This Agreemen~ together with any referenced docments or instrmnents shall constitute
the enttre agreement'and any previous communication or agreement pertaining to th~s
Agreement are hereby superseded.
CONTRACT AMENDMENT
Any agreemenCrevisi0ns, including payment adjustments or time extensions, shall be
made by a written~ amendment to the Agreement, signed by both parties.
Signature ~J_zZ~./f ~. ~ Date: 5128102
f.,/ Agcn~t
Signature ~ (~ ¢ Date:
DEC Representative~j
INDIVIDUAL ACKNOWLEDGMENT
(For individuals and dba'S that are neither partnerships nor incorporated)
State of )
County of )
On the
day of , in the year . before me personally came
to me known to be the individual described in and who executed the foregoing
insmmaent and acknowledged that (s)he executed the same.
Notary Public
Date Notary Expires
Page 4
CORPORATE ACKNOWLEDGMENT FORM WITH SEAL
State of New York )
County of Suffolk)
Elizabeth
O~ the 28th day of' May in the year2gl}2, before me persqnally came Neville to
Re Imown, wh0,~being by me ~Iul.~ sworn, d/d dep0se and~ say that begshe resides m
S~off~bold, New Y0vk that hcVshe is the Town Clerk of the
_Town of South~ld ~ i · -~.the-corporation descvibed,!n andi:which~exeoate.,d,~e above instrument;
t~i~vhe/she know~ ih~:~eal ofsh/d eorporafi6n; that ~he:seal affixed to said ins~ent is such corporate
seak that it was so a~fiXed by a~hority of the board ofdirectors of said corporation, and that 3~/she
signed~ffher name thereto by like .authoriPy.
LY~DA M. BOHN
NOTARY PUBklC~ State Of New York
- ' No. 01B06020932 ,
Date No. fy Expires ~ualif~d in Suffolk Coufity
Term;Expires March 8, 20
CORPORATE ACKNOWLEDGMENT FORM WITHOUT SEAL
State of )
County of )
) SS.;
On the day of in the year before me personally came __ to
me known, who, being by me duly sworn, did depose and say that he/she resides in
that he/she is the of
the , the corporation described in and which executed the above instrument; that
he/she signed their name thereto by authority of the board of directors of said corporation.
Notary Public
Date Notary Expires
Page 5
A~achmentB
New' York State Department of En¥[ oR,mental Conservation
Division' of Management & Budget Services
Bureau of ReVenue Management -10~ Floor
625 Broadwa¥~Albany, New York I2233-5012
Phone: (5t8) 402-9368 · FAX: (518) 402-9023
Website: www.dec.state.ny.us
Erin M. CrotLy
Commissioner
Please complete, review and sign this form. Attach a voided check or a voided deposit
siip for the account from which the ACH debits will be drawn and mail these items to the
address above.
New York State Department of Environmental Conservation
Autliorization Agreement for Direct Payments (ACH Debits) relative to DECALS, the
Depar[ment's automated sporting license system.
Agent/Officer ID:
Agent/Officer Name:
Address:
City:
State/Province:
ZIP/Postal Code:
Contact:
Telephone:
E-mai[:
Fax:
~_152
~zab~. Neville_
~qflq~ Main RH_.PO ROX 1179
~S_outhold
11971
Lynda~ohn_ Principal Account Clerk
~]1 7RR-1RO0
-~ ~ ~ -; old. ny. us
I hereby authorize the New York State Department of Environmental Conservation,
hereinafter called DEPARTMENT, to initiate debit entdes to my account indicated below at the
financial institution named below, hereinafter called DEPOSITORY, and to debit the same
account. I acknowledge that the origination of ACH Transactions to my account must comply
with the provisions of U.S. law.
Branch Name:
Address:
City:
State:
ZIP Code:
Contact:
Telephone:
Routing Number:
Account Number:
Account Name
Account Type:
Ilrlrl0ohamptnn Natlnnal Bank [BNB)=
Fdlq70 Main Road
Snllfhnld
New Yo~'k
11971
0500015~66
.~/j}~. Neville. Southold Town Clerk
~ Ch~ckihg ~ Savings ~
This authorization is to remain in full force and~effect until DEPARTMENT has received
wdtten notification from me of its termination in such manner as to afford DEPARTMENT and
DEPOSITORY a reasonable opportunity to act on it.
Signamre:
Date:
NOTE: ALL WRITTEN DEBIT AUTHORIZATIONS MUST PROVIDE THAT THE
RECEIVER MAY REVOKE THE AUTHORIZATION ONLY BY NOTIFYING THE ORIGINATOR
IN THE MANNER SPECIFIED IN THE AUTHORIZATION
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