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HomeMy WebLinkAboutRFP'sELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REQUEST FOR PROPOSALS FOR OPERATION OF ANIMAL SHELTER SUBMISSION DATE: 4:00PM~ FRIDAY~ FEBRUARY 25~ 2011 1. North Fork Animal Welfare League (NFAWL) One (1) Proposal Received February 25,2011 SRe, ceipt to the North Fork Animal Welfare League, Inc.(NFAWL) for bid package in response to the Town of Southold's Request for Proposal for the Operation of the Town of Southold Animal Shelter In response to RFP Bidding Schedule, Page 6, Section F. Item 8 of the Request for Proposal for the Operation of the Town Animal Shelter the following package was delivered by hand to the Office of the Town Clerk, 53075 Route 25, Southold, NY 11971. 1. One bid package in response to the Town of Southold's Request for Proposal for the Operation of the Town of Southold Animal Shelter. Received bythe Office of the Town Clerk on Print name -- ~nature ' ~' Please time stamp. RECEIYED FEB 2 5 2011 ~outhol,t Town Cler~ NFAWL PART 'A' technical proposal [section III] NORTH FORK ANIMAL WELFARE I FAGUE, INC. P.O. Box 297, Southold, New York 11971 Office of the Town Clerk 53095 Route 25 Post Office Box 1179 Southold, New York 11971 25 February 2011 Re: Proposal For the Operation of the Town of Southold Animal Shelter To Whom It May Concern, The North Fork Animal Welfare League respectfully submit's the enclosed package in response to the Town of Southold's Request for Proposal for the Operation of the Town Animal Shelter. Having successfully provided these important services for the Town of Southold since 1980, the North Fork Animal League's Board of Directors, Staff, Volunteers and Contributors are dedicated to continuing our work with the Community. This RFP Response represents our bid for Animal Care and Control Services only and not for Building or Building Systems maintenance or management. We look forward to successfully completing a Contract for our Services with the Town. Respectfully Submitted,. Therese McGuinness, President "HELP US TO HELP THOSE WHO CANNOT HELP THEMSELVES" RFP SUBMISSION CERTIFICATION OFFEROR MUST RETURN THIS COMPLETED FORM WiTH PROPOSAL SUBMISSION PROPOSAL SUBMITTED BY: FIRM: ADDRESS: PHONE: E-MAIL: FAX: The proposal as submitted includes the Operation of the Town of Southold Animal Shelter RFP Submission Form with Conflict of Interest Certification, an Affidavit of Qualification to Bid and a Statement of Qualifications. I, the undersigned, hereby attest to the truth and completeness of the information and responses provided and certify that my firm has met the minimum selection criteria required in the Town of Southold's Request for Proposal for the Town of Southold Animal Shelter Operation described in Section I-G. Signature STATE OF: Onth .'N ~'DDay of /'z~--4 ~ ~ in the year 2011 before me, the undersigned, a notary public in and for said state, personally appeared ~ ~,--~]f~-~/~ ~ ~personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instr~ same in his/her capacity and that by~i person upon whose behalf of which ~ ~ent and acknowledged to me that he/she executed the ter signature on the instrument, the individual or the iv~ual acted, executed the instrum~ ent. ,~otary Public, State of New York 0ualffied in Suffolk County Commission Expires Dec. 31, 2013 23 Company Name: RFP SUBMISSION FORM / Company Federal Tax Identification Number: Contact Person Company Address Phone: E-mail: CONFLICT OF INTEREST CERTIFICATION I HEREBY CERTIFY, on behalf of ~/~-A Mc.-- , that neither the Town Supervisor, nor any other officer, agent, or employee of the Town, no member of the governing body of the Town, and no member or employee ora Commission, Board, or Corporation controlled or appointed by the Supervisor and Town Board of the Town has received or has been promised directly or indirectly, any financial benefit by way of fee, commission, finder's fee, or in any other manner, remuneration directly or indirectly related to this contract. Upon request by the Town Attorney, or other authorized agent, as a prerequisite to paj, ment pursuant to the terms of a contract awarded pursuant to this bid submission, 14 {StN ~,t t.~ will fitrnish to the Town Board of the Town of Southold, under oath, answers to any interrogatories and comply with any request to review documents related to a possible conflict of interest as herein embodied. I HEREBY CERTIFY, on behalf of 1,3 6--~/~ t.~ that no employee or agent of l,J 1w fa. 0v'C..- is a member or employee of any agency, commission, board or corporation of the Town of Southold or is the spouse or any other relative of any of the foregoing. If S'J~ ~ ~' is unable to so certify, the details of any such relationship with the Town of Southold are disclosed herein: 24 I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. COUNTY OF: C)~f~f-Z~--'ffl ss: ~Ounb~t~n~7o~'"f{~(.///] in the y~lO~l lybefore me, the_under.~g;;d, a notary p ' ' aid state, persona~ly appeared '-f-Pl ~6C- d/fd-(~a/,ti ,S[~ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instru]a~t and acknowledg.ed to me that he/sbe executed the same in his/her capacity and that by his/hq signature on the instrument, the individual or the pers°n up°n wa°se behalf °f whic~?;~l :~te!.~. ' e~e.i~lum~e~n~t'~ { VERONIC^ F. CIDONE Notary Public, ~,ate of New York No. 01Cl4661406 Qualified in Suffolk County ',;cmmissior~ E×pires Dec. 31, 2013 25 AFFADAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT 2) 3) 4) 5) 6) and the duly authorized (Tit[e)_._ ~/~ , / / representative of tbe firm / f./~£//'7'//~ 't'/7~,~/ (Name of Corporation) possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. The firm /]/r/~'/~7/'t//~' s either a New York corporation or is a foreign corporation properly regiStered with thc~New York State Department of Taxation and Finance. Except as described in paragraph 4 below, neither I nor the above finn, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or an county, bi-county, or multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo contendere to a charge of, or have, during the course of an official investigation or other proceeding, admitted in writing or under oath, acts of omissions which constitute bribery, attempted bribery, of conspiracy to bride, whether or not in furtherance of obtaining a contract with a public body under the laws of any state or the Federal government. List any conviction, plea, or admission described in paragraph 3 above, with the date, court, official, or administrative body; the individuals involved and their position with the firm; and the sentence or disposition, if any. Otherwise, state "none" as appropriate. Neither I nor the above firm, nor to the best of my knowledge an officer, partner, controlling stockholder or principal of the bidder, or any other person substantially involved in the bidder's contracting activities has: (1) been convicted under the laws of the State, another state or the United States of (i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (2) been convicted of a criminal violation of an antitrust statute of the State,. another state or the United States; (3) been convicted ora violation of the Racketeer Influenced and Corrupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract; (4) been convicted of a conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described herein; (5) been found civilly liable under an antitrust statute of the State, another state or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract. Bidder hereby declares that this bid is made without any connection or collusion with any person, firm or corporation making a bid for the same work; that pursuant to this 26 affidavit; that the attached specifications and any drawings referred to herein have been carefully examined and are understood; that careful examination has been made as is necessary to become informed as to the character and extent of the work required; and, that if this bid is accepted, this Bidder will contract to do, for the price stated in the attached cost proposal, all of the work described in the specifications, drawings and contract conditions. 7) I acknowledge that this affidavit is to be furnished to the Town Clerk of the Town of Southold. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the Town of Southold may terminate any contract awarded and take any other appropriate action. I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. Onthe &-/da of __ y /'~-~-b{~_.~ in the year, J011 before me, th~ undersignpd, a notary public in and for said state, pers~nall~ appeared 'w~-~,¢& J/{F___~_~/n~,Oe$>, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that person upon whose behalf of whicl / is/her signature on the instrument, the individual or the ~e md~wdual acted, executed the instrument. Notary Public VERONtCA F. CIDONE ;~otary Public, State of New York No. 01Cl4661406 Qualified in Suffolk County t;0mrnissi0n Expires Dec, 31, 2013 27 NFAWL RFP 2011 Amendments to RFP 2011 H. CLARIFICATION, EXCEPTIONS, OR DEVIATIONS The following statements constitute the clarifications, exceptions, or deviations section of the North Fork Animal Welfare League's (the "League") response to the Town of Southold's Request for Proposal for the Operation of the Town of Southold Animal Shelter dated February 10, 2011 (the "RFP"), and the balance of the League's proposal must be interpreted in light of these statements: 1. The League's monetary proposal relates to its performance of duties articulated in its proposal. If, as a result of negotiations with the Town, it agrees to perform additional duties, it reserves the right to amend its monetary proposal to cover the costs related to these duties. 2. The League is unwilling to agree, as part of its proposal, to assume the costs of utilities and/or repairs of certain systems or fixtures alluded to, but not fully defined, in the RFP. If, as a result of negotiations with the Town, the League and the Town can reach agreement on these terms, the League reserves the right to alter its proposal to take account of these agreed upon terms, including, but not limited to, amendment of its monetary proposal. 3. Nothing contained in the League's responsive materials should be construed as binding the League to acceptance of the contract attached to the RFP as Attachment B. The League is unwilling to execute the contract in that form. It is, however, willing to negotiate mutually satisfactory terms with the Town, including, but not limited to, the form of contract previously submitted by the League on January 28,2011, except insofar as contemplated by Statements ##1 and 2 above. 4. The League makes its proposal in good faith, as a predicate to negotiation with the Town over the terms of a contract for the operation of the Town of Southold Animal Shelter. It does not agree that submission of this proposal constitutes its last and final offer in response to the RFP, as suggested by the statements on p. 4 of the RFP. 5. The League does not consent to #19 of the RFP limiting the League's dissemination of information related to performance of the services outlined in the RFP without the prior written approval of the Town of Southold. As a 501(c)(3) organization, the League is obligated to submit yearly informational tax returns to the Internal Revenue Service and to provide copies of these forms and related information to members of the public upon request. Failure to do so subjects the League to fines and/or jeopardizes its tax exemption. nfawl Amendment to the RFP 2/25/2011 The following items Amend the North Fork Animal Welfare Leagues submission of the Request For Proposal for the Town of Southold Animal Shelter as per Section H of the Proposal Instructions [page 19] issued as part of the Town Document. All Amendments listed here reflect notations on the RFP Submission Form and are inseparable from the North Fork Animal League submission here attached. Amendments: Shelter Administration: Page 29: Item F Page 29: Item II.A.1 Page 30: Item C.l.h Page 30: Item C.3 Page 31: Item e. Page 31: Item 4a.vi. Page 32: Item 5a Submission Packaqe Page 2: RFP Item #5 Page 3: RFP Item #c Comment: Town Record Retention Policy not submitted to Bidders. Delete "upon approval of the Town Board." Delete Delete January 31 Add March 31 Delete Delete Comment: Town of Southold Operations Manual not attached or distributed to RFP Bidders. Delete Delete Delete "as provided for in the Policy dictated by the Town Board" continued Page 3: RFP Page 4: RFP Page 5: RFP Page 5: RFP Page 6: RFP Page 7: RFP Page 9: RFP Page 9: RFP Item F .8 Item #h Item #m Item #n Item #2a Item #d Item 6 Item #j Delete Delete ".., and upon approval of the Town Board' Delete "Afl personnel shaft undergo additional training provided by the Town on how to utilize and maintain the equipment with in the Shelter.' Delete Delete "fuel, electricity, water and other utility expenses at the Town Animal ShelteF'. Delete "$205, 000.00 each year ........ preceding month" Add: "the amounts set forth below for the indicated year, said amounts to be paid in twelve equal monthly payments on the 15th day of each month for the preceding month: April 1, 2011 to March 31, 2012 @ $205,000.00 April 1, 2012 to March 31, 2013 @ $213,000.00 April 1, 2013 to March 31, 2014 @ $222,000.00" Delete ADD" March 31" Add: "One da)/' of the surrender ....... Add: "Ten days to respond with adequate access to Shelter property" continued Contract between NFAWL and Town of Southold Attached please find a copy of the proposed Contract submitted by the NFAWL to the Town Of Southold on January 28, 2011. This Contract is Amended to this RFP for consideration in constructing a renewed agreement between both parties and contains items acceptable to the NFAWL that are in keeping with former contracts between the two parties. North Fork Animal Welfare Lea,clue Operations, Services and Qualification Amendments Sections. Attached please find required subsections to this submission which include: 1. NFAWL in the Community 2. NFAWL mission statement, by-laws, certificate of incorporation, ein certification. 3. NFAWL financial reports, Insurance Certificates. 4. NFAWL record of operations, statistics, letters of support. 5. NFAWL records of inspections. 6. NFAWL personnel policies, current staff and officers. 7. NFAWL Southold Town Contracts for 2008-2011 and 2011-2013. 8. NFAWL RFP 2011 and Amendments to RFP 2011 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE OPERATION OF THE TOWN OF SOUTHOLD ANIMAL SHELTER Attachment A: Specifications Proposal Due Date: February 25, 2011, 4:00 PM PART 1 -GENERAL I. Purpose / Background The Town of Southold is soliciting this Request for Proposals from a qualified finn to provide daily operation on behalf of the Town of Southold Animal Shelter located in Peconic, New York. This Shelter is a 7,060 gross square foot facility (with the exception of utility rooms and attic space), will be available for the direct utilization of the successful bidder to provide care from animals from within the Town of Southold. Proposed services to the public are animal care and feeding for impounded animals, shelter administration, veterinary wellness care, redemptions, adoptions, dead animal disposal, animal foster care, rabies control, euthanasia services, emergency response, as well as other services found within an animal control shelter A. Purpose: Provision of a broad range of animal shelter activities for the pdrpose of safeguarding the health and safety of the population of the Town residents and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and to provide humane sheltering and care of stray or owner relinquished domestic animals from within the Town. B. Hours of Operation: The shelter is expected to be open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Notwithstanding the foregoing, the successful bidder may establish reasonable hours during which domestic animals may be viewed, redeemed or adopted. It is expected that the shelter will be staffed daily (7 days a week, 365 days a year) to provide adequate care and treatment for shelter animals C. Administration: 1. The Town Animal Shelter shall be under the day-to-day management of the successful bidder, but shelter operations pertaining to services provided to animals shall be subject to the review and comment by the Town. 2. The Town may request meetings with the successful bidder as needed to: i. Recommend policies and procedures pertaining to overall Shelter operations; ii. Provide a review of the financial operations of the Shelter, and identify financial issues to be addressed. iii. Review shelter operations as well as the findings and recommendations of all reports provided to the Town; and iv. Request and receive data and reports from successful bidder as set forth in further detail below. 28 D. Operation and ManaRement: Operate and manage the Town Animal Shelter, as a shelter and provide care for dogs seized by the dog control officer and for lost, strayed or homeless domestic animals that are received into the Town Animal Shelter within the Town of Southold boundaries. E. Compliance and Enforcement: Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code of the Town of Southold and Article 7 of the Agricultural and Markets Law. F. Records: Maintain and keep records of all expenditures and obligations incurred in the shelter operation as defined by the scope of service and all income and gees received thereby according to generally recognized accounting principles. Such records shall be maintained in accordance w~th the Town's Record Retention Policy. The records and/or shelter operations shall be opened to inspection and audit by the Town or its authorized representatives on an annual basis or as is deemed necessary by the Town. G. Fees: Any and all fees char~ed by the successful bidder will be consistent with the Town Code Chapter 83. Any and all dog license fees, dog enumeration fees, replacement tag fees, redemption fees and penalties collected are transferable to the Town and are to be deposited with the Town on a weekly basis. Successful bidder shall deposit all such fees and char~es with the Town Clerk. II. Scope of Service: A. Dog Control Officer: The successful bidder will be required to perform the duties and responsibilities of dog control office in accordance with the provisions of the Town Code a nd Article 7 of the Agricultural and Markets Law including: 1. Employ, at all times during the period of performance and -r and responsibilities specified in this RFP, including one qualified full-time dog control officer and one qualified part-time dog control officer. 2. Assisting, within the Town of Southold, with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 3. Issue appearance tickets pursuant to Section 150.20 of the New York State Criminal Procedure law, to serve summons and to serve and execute any other order or process in the execution of the provisions of Article 7 of the Agricultural and Markets Law and Chapter 83 of the Town Code. 4. Serve process, including appearance tickets, a uniform appearance ticket, and uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 5. File and maintain such records for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available to the Commissioner of the Department of Agriculture and Markets upon request. 29 B. Provide Medical Treatment: Pay for all reasonable and necessary medical expenses incurred with regard to the Treatment of lost, strayed or homeless domestic animals at the Town Animal Shelter. In the event that an on-duty 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 successful bidder of the time and place of delivery, and the Shelter Operator shall assume all reasonable and necessary medical expenses incurred by said dog. C. Recordkeeping and Reports: The successful bidder shall maintain accurate and complete records of all animals it handles. The records shall include the following information: a. Descriptionoftheanimal, tncludingitsbreed, color, size, sex, disposition, where and how the animal was obtained and the animal's owner. b. All citizen complaints regarding animals. c. All dangerous or potentially dangerous animals and dog bite incidents. d. All citations issued and their disposition. e. Date, time, location, reason and manner in which the animal was obtained. f. Length of time the animal was placed in the Town Animal Shelter. g. Final disposition of animals, including number of animals euthanized or adopted; h. 111 I I'. I I I I vi I 11 II i. Any additional information that may be required by the Town through its laws. The above information shall be provided to the Town Clerk on a monthly basis on approved forms and shall be accessible to the Town during normal business hours. The successful bidder shall maintain and submit quarterly performance reports which shall include the following information: a. Successful bidder's activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. b. Method and level of enforcement for the upcoming quarter. c. Whether or not any changes in policy will take place from past practices. d. Recommendations to the Town Board or the Animal Shelter Oversight Committee concerning fees, licenses, and animal regulatory ordinances. e. Any recommendations or information, related to animal control in the Town that are in the Interest of the Town or that the Town may request. An audited financial report due on ~lllml~of ~ach year within the period of performance of the RFP and financial compilations on a quarterly basis. E. Shelter Operation: The successful bidder will have the proven ability to provide the required services as written within this RFP and in particular the following services: 1. Shelter Administration: a. Perform administrative services to include, but not limited to, tracking all animal impounded, billings, budget monitoring, financial reporting and annual audits. b. Prepare required reports and establish communication with the Town and 30 provide required reports. c. Designate a primary and alternate contact person for the purpose of addressing complaints. d. Provide personnel, supplies, materials, medication, pharmaceuticals, and equipment not otherWise supplied, including forms and reports, to perform all aspects of the shelter operation. ' Ii/Ill -' ................... ' ...... '- -- f. All data compiled and gathered in the course of doin§ business under this agreement remains the property of the Town. g. Coordinate and assume the cost for annual financial audit for non-profits as proscribed by the State of New York. h. Under annual audits and inspections by the Town for operational and administrative activities undertaken in service of the A~reement to provide services for the Town. The successful bidder agrees that the Town, State of New York, the Federal government, or designated representatives shall have the right to review and copy any records and supporting documentation pertaining to the performance of this agreement. 2. Impoundment of Animals: Impoundment, care, custody and feeding of any and all domestic animals from within the Town of Southold. Maintaining an up-to-date record of all animals processed through the Town Animal shelter including, but not limited to, those animals that are impounded, adopted, quarantined, euthanized, animals processed at immunization clinics, and any animal receiving spaying or neutering services. Records shall also be maintained and submitted to the Town Clerk on a monthly basis for: i. The number of domestic animals brought in/surrounded by owners for impoundment; ii. Total animals impounded; iii. the number of animals adopted or transferred; iv. The number of stray/impounded animals mturoed to owner; v. Total animals euthanized and subtype vi. Such records shall be maintained in accordance with the Town's Record Retention Policy. 3. Shared use of shelter: a. Access will be provided to the Town for maintenance of mechanical systems, landscaping, and other maintenance as should be required by the Town. b. Janitorial closets, information technology closets and electrical/equipment rooms will be used only for the provisions of services for which they were designed. Maintenance of Shelter: a. Maintain the Animal Shelter and grounds in good, operating condition (in compliance with the Town of Southold Operations Manual to include, but 3] not be limited to: i. Building interior space areas (restrooms, lobby, corridors, carpet, flooring, office areas, doors, windows, closets, file rooms, copying storage areas, and ceiling). ii. Building systems (telephone, security, etc.). Successful bidder will provide phone, computer and other electronic equipment and maintain services. The Town has provided an alarm system as part of the building. All other building security to be provided by successful bidder. iii. Building equipment (computer hardware and software, tables, desks, chairs, file cabinets, book shelves, office furniture, furnishings, etc.). Provide security personnel services as needed. Maintain property cleanliness. b. Town shall maintain certain aspects of the Animal Shelter as follows: i. Building mechanical systems (electrical, gas, water, sewer and HVAC). ii. Building equipment (bathroom fixtures). iii.Building Exterior areas (parking lot, grounds and landscape, exterior lighting and signage, foundation, walls, doors, windows and roofing). iv. Landscape and hardscape maintenance. Shelter Furnishing, Fixture and Equipment. a. T '11. '1 I' f ~I~.F I ' . '. '~---~' ~ · '' ' ' I I II I ..... . , _, '- . T ..... T I T I1 _ I '11 II I r ..... 1 i I ,. JI _Ltl [11'11 f J'_ I _ Il ' ':;Il I [_.Il_ _ ~1, [11 Il ' ~ ~ ' ' b· All additional furnishings, supplies and equipment, not provided by the Town a re the responsibility of and provided at the expense of the successful bidder. 32 Attachment B AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND FOR OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER THIS AGREEMENT made this 1 dayofAprll ,2011,pursuanttotheprovisions of Article 7 of the 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, Southold, New York, hereinaRer called the"Town", and the N~rth ~,~k ~,~i,~ ~,~ t:~, T,~Pejue Section 501 (e)(3) not for profit corporation of the State of New York, having its principal office at at PeconJ. c ., New York, hereinafter called the "Shelter Operator"; WHEREAS, Sections 113 and 114 of the Agricultural and Markets Law provide that a Town may contract dog control officer and animal shelter services with an incorporated humane society or similar incorporated dog protective association; and WHEREAS, the Town desires to contract for dog control officer and animal shelter services with the Shelter Operator; and WHEREAS, the Shelter Operator desires to provide such services for the Town in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the covenants and the promises contained herein, the parties mutually agree as follows: 1) SHELTER OPERATOR DUTIES. Within the Town of Southold, which includes the Village of Greenport, the Shelter Operator, through its officers, agents and employees, shall provide the following services: -1- a. Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agricultural and Markets Law including: 1. Assisting, within the Town of Southold, with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 2. Issue appearance tickets pursuant to Section 150.20 of the New Yorl~ State Criminal Procedure Law, to serve the summons and to serve and execute any other order or process in the execution of the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 3. Serve process, including appearance tickets, a uniform appearance ticket, and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 4. File and maintain such records for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available to the Commissioner of the Department of Agriculture and Markets upon request. 1 1 ' 1 ~ I I I i I I1 I '1 II II ~TI II I I' I. 1 ' ~11-1 .... I I'~-/~ b. Operate and manage the Town Animal Shelter at Peconic Lane, Peconic, New York ("Shelter"), as a shelter and provide care for dogs seized by the Shelter Operator's dog control officer and for lost, strayed or homeless domestic animals that are received into the -2- Town Animal Shelter from within the Town of Southold boundaries. Make available for adoption or euthanize any domestic animals or seized dogs not redeemed Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code of the Town of Southold. In the event that an on-duty 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 Shelter Operator of the time and place of delivery, and the Shelter Operator shall assume all reasonable and necessary medical expenses incurred by said dog. Pay for all reasonable and necessary medical expenses incurred with regard to the treatment of lost, strayed or homeless domestic animals at the Town Animal Shelter. Maintain accurate and complete records of all animals it handles in the performance of this Contract. The records shall contain the following information: 1. Description of the animal, including its breed, color, size, sex, disposition, where and how the animal was obtained and the animal's owner. 2. All citizen complaints regarding animals. 3. All dangerous or potentially dangerous animals and dog bite incidents. 4. All citations issued and their disposition. 5. Date, time, location, reason and manner in which the animal was obtained. 6. Length of time the animal was placed in the Animal Shelter facility. 7. Final disposition of animais, including mtmber of animals euthanized or adopted; 8. It 1 r. I I I '~1 1'1 1' '"~",/~ 9. Any additional information that may be required by the Town through its laws. The -3- above information shall be provided to the Town Clerk on a monthly basis on approved forms and shall be accessible to the Town during normal business hours. g. Remit to the Town Clerk all license, redemption, and adoption fees collected in carrying out the provisions of this Contract. h. Employ, at all times during the term hereofand ny -- "-- LJ --~ ' ....... .s/utah mined and qualified personnel as are necessary to properly perform the duties and responsibilities specified herein, including one qualified full-time dog control officer and one qualified part-time dog control officer, i n ~ ~ n _ __L_o_ _L".-' ...... ~--~--~ i. Keep the Shelter open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Notwithstanding the foregoing provisions, the Shelter Operator may establish reasonable hours during which dogs may be viewed, redeemed or adopted. j~l 1 q:naN::cd Pal_t:ZshalI exercise overall supervision of the Shelter and for all of its employees. Th .... Gillian wood Pultz. 631 433 4555 e contact lnlormatlon tor ~s If the Shelter Operator designates an alternative person to supervise the Shelter, the Shelter Operator shall notify the Town Clerk in writing within 72 hours. k. In the exercise of its discretion, admit strayed or homeless domestic animals and hold domestic animals beyond the time required by law, provided, however, that in no event shall the Shelter Operator admit or house at the Shelter, strayed or homeless domestic animals or hold domestic animals beyond the time required by law, if the same will result in there being insufficient space or facilities for the impoundment of seized dogs. 1. Provide and keep in force during the term hereof, public liability insurance policies insuring the Shelter Operator and its authorized agents or employees and naming the Town as an additional insured in the amount of not less than $1,000,000 per occurrence for bodily injury and/ur property damage and a $2,000,000 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk. m. Bllillll " .. ~,.1_!_ · ............ ! II 1 I I 1 ................ I1 fll I fh,ll ................ Pay for the telephone service, '~--'_ . ~'--'-: -: ............ .. ~ -'" ..................... Provide worker's compensation and disability insurance as may be required by law for any person working at the Town Animal Shelter or performing services for the Shelter Operator required to be performed under this Agreement. Certificates of such insurance shall be filed annually with the Town Clerk. -5- p. Keep on file with the Town Clerk and deliver upon the execution of this Agreement copies of the Shelter Operator's Certificate of Incorporation and any amendments thereto and current By-Laws. 2) TERM AND TOWN DUTIES. The term of this Contract shall be for apefiod of three (3) years commencing on April 1,2011. The Town, in consideration of the services to be performed by the Shelter Operator as herein provided, covenants and agrees that it will, during the term hereof: Remit to the Shelter O emtorthe o ........... ~'~t/~ ' ' ' a. p am untor ..... : ~c,n year, saio amounts to ~e pala in twelve equal monthly payments on the 15~h day of each month for the preceding month. b. Permit the Shelter Operator to occupy and operate the She!ter for the purpose of providing the services hereunder. c. The Town shall keep the Town Animal Shelter in good repair including the plumbing, heating and electrical systems. Repairs and maintenance to the Town Animal Shelter shall be in the Town's discretion which shall be reasonably exemised. 3) GENERAL COVENANTS. The parties hereto further covenant and agree as follows: a. The Shelter Operator hereby represents that it or its employees or authorized agents are legally qualified to perform all the duties on its part to be performed under the terms and conditions of this Contract. b. Nothing in this Contract shall be held to constitute the parties hereto as partners, or authorize either party to Contract any debt, liability or obligation for or against or on behalf of the other party of the Contract. Neither the Town nor the Shelter Operator shall be considered as the agent of the other nor shall either have the right to bind the other in any manner whatsoever, and this Contract shall not be deemed or construed as a contract ofagancy. The Shelter Operator shall be deemed throughout the term hereof as an independent contractor and, as such, be liable for its own acts. -6- do The Shelter Operator shall protect, save and keep the Town harmless and indemnify the Town from and against any and all claims, losses, costs, damages, suits, judgments, penalties, expenses and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the performance by the Shelter Operator of the terms and conditions of this Contract. eo Furniture, furnishings, fixtures, appliances and equipment installed by the Shelter Operator at the Town Animal Shelter shall remain vested in the Shelter Operator and, at the expiration of this Contract or on the prior termination thereof, as hereinafter provided, the Shelter Operator shall have seven (7) days within which to remove the same and all other property belonging to the Shelter Operator provided, however, that such removal can be made without injury or damage to the premises or building. The Shelter Operator shail notify the Town prior to the installation of any fixtures, appliances or equipment. The Town reserves the right to prohibit the installation of ho any and all fixtures, appliances or equipment which are determined, in the Town's sole discretion, to pose a safety risk or which may result in an increase to the operating costs of the Shelter. The Shelter Operator shall make no major alterations, renovations or additions to the Animal Shelter premises or the building without prior written approval of the Town Board. In the event that either party defaults in fulfilling any of the terms or conditions of this Contract, the other party may give thirty (30) days written notice of its intention to terminate this Contract and, thereupon at the expiration of such thirty (30) days, if the condition or conditions which form the basis of the notice continue to exist, this Contract shall terminate completely as if that day were the day herein definitely fixed for the expiration of this Contract. In the event of such termination, the Shelter Operator shall forthwith surrender the Town Animal Shelter occupied by it and deliver to the Town any and all Town property in its possession, whereupon the Shelter Operator shall have no further rights or responsibilities hereunder, except to remove its property as provided herein. The Town and its authorized officers, agents and employees shall have the right to enter upon the Town Animal Shelter including the buildings or structures, at any reasonable time for the purpose of examining same, conferring with the officers and/or management of the Shelter Operator, and to make such necessary repairs as the Town may deem necessary. The Shelter Operator shall provide the Town with a quarterly performance report that includes the following: 1. Shelter Operator activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. 2. Method and level ofanforcement for the upcoming quarter. 3. Whether or not any changes in policy will take place from past practices. 4. Recommendations to the Town Board or the Animal Shelter Oversight Committee concerning fees, licenses, and animal regulatory ordinances. 5. Any recommendations or information, related to animal control in the Town that are in the interest of the Town or the Town may request that. 6. An audited financial report due on march 31 of each year within the term of this Contract and financial compilations on a quarterly basis. The Shelter Operator covenants and agrees that, unless this Contract is renewed or extended by agreement of the parties, at the expiration of the term of this contact,. it will surrender the Town Animal Shelter to the Town in good repair, normal wear and tear excepted. Within one days of the surrender of the Animal Shelter to the Town, the Town shall inspect the premises and notify the Shelter Operator of any damage or repairs deemed caused by the Shelter Operator. The Shelter Operator shall have ..~ays to respond and/or arrange for the repair or replacement of damaged equipment. If the Shelter Operator fails to repair and/or replace said items, the Town, within its own discretion, may retain the cost of the repair and/or replacement from the last monthly payment due to the Shelter Operator by the Town to defray the costs of repair/replaceraent. -9- k. The Shelter Operator shall not assign this Contract or subcontract or otherwise engage any other organization to perform the work and services to be performed hereunder without the express written approval of the Town. 1. In the event Federal, State or County laws, roles or regulations require the Shelter Operator to incur additional expenses to provide the services the Shelter Operator has agreed to provide herein, the Town agrees to negotiate with the Shelter Operator with regard to such additional expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By: SCOTT A. RUSSELL, Supervisor By: , President STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) Onthe dayof in the year 2011, before me personally came SCOTT A. RUSSELL to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogue; that he is the Supervisor of the Town of Southold, State of New York, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto by resolmion and authority of the Town Board of the Town of Southold. Notary Public -I0- STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the day of in the year 2011, before me personally came to me known, who, being by me duly sworn, did depose and say that he/she resides in the Town of Southold; that he/she is the President of the the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by authority of the Board of Directors of said corporation. Notary Public -11- NFAWL in the community The front door. the Jheiter. have Fork v~ilding incident "It'~ , J~nR¥ 15, 2009 $1100 Pultz, Ms. looked like it n We ca~led the No~t~ ~ '~ ~e ~-affoik ~m~ ~s ~Septemb~)r. 22 2005 O !@~ Wp~I,Pultz with North Fork Ah mai ~ : , ~Bray. 6 · The Suffo k T roes · January 22 2004 At the ur~flig ~)f the staff at the where. Mattituck-I~au[e), Veterinary sl/e gave Once.~lit~er has been weaned, m6th~r ~¢ffspi0ltig} wh~eh look like ~ ~t~re~ t~lac~ L~Gadbr retrievers. still be amilable for adopt on. "We need a really special.family fofh& be~.us¢~h~'s J>e~/through a lot" Ms. Wood:Pultz %aid this week e need to find he~ a really great All the animals are currently an fos- See PUPs, page 32 A puppy's fi~t photo op. Pups... m-- From page 6 ter care, but probably~fllbe back in the shelter by early February. Anyone interested in adopting one of them :an start the paperwork now, said Ms. Wood-Pultz. The shelter also wilI gladly take any donations to help offset the animals' care. In all her years at the shelter, the director said she's never come across anything quite like Grace's ordeal. "It's distressing that the dog was so heavily pregnant, was outside and that nobody had caged to claimit," she said. With flaps across the entrance and ~dar shavings inside, the dog- house Grace happened to find was weight seemed to indicate that she Welfare-League board member Jean Trained in emergency animal care. she revived tile puppy by giving it mouth-td-msbth resggcR¢ion.~h~ didn't need ~qgite tho~e skitl~when serving as a ~aa~e ~d~ife later than night. Ms,'~oo'~:c~aid she was at Gra~'-'s side ~tiI the last puppy arrived at around 4 a.m. "~aak goo~ess that h0meomee c~l~d,~" she sffid, "0~ise~ they would ha~ died. ~ wou~ ha~e lost the whole litrer-be~ug~ therers no'way ~he ~uld ha~ k~pt ~h~m warn. I m ~-s6.~,ad thaf she s inside, and ~am. It s a happy end- ing.'' A family m~n o~ ~f Gra~ anQi~even of her eight pUpp es tOok:p a=e;~JJdpy..t~_~be h ~or An m I elare Le ' shelter. Mom~a/~31:lhe pupples~l~have new homes~ ~llanks to*tbe.~f~r,T~wodibrs. PE, CONIC Like any good mothei surviving puppies have~fotmdl~omes, lyuL-th~ The pup~ have been held a~i~h~ who s been parted fron~ lier children. You'll refi~mber Grace a~ ~he - shelter pen~llng'thi~ ~eek's scheduled Grace made her ~ay from one to the mixed breed who gave birth~to.~e ~ spp(mg and neuterhig procedure,'But next last Friday, bestowing-kisses on llmt four of her littler h~ another; p~i-: th~ n~w ownem begg~ and convinced each. It was a celebration at the North mai s doghouse in a Cutchogu6hack~ Ms~ Wood-Pultz to let them take their Fork Animal Weffare Leagu~ §hefier yard on$ frigid Jangogt,.d~ay,~r/ly-two p~ts horn9 Friday as ong as they because Grace and all eigl~t i>~ her ~f t ~ .~pU~s sup~i~,~t when~l~l- ~ron~cd~ f0 bring them to MattituCk~ ter 'director Gilllan Wood-Pnit~ took Lam'el~V~terinary Hospital this we~k Grace to her home thai night, mama delivered six more p~ppie~ Dreamer. named because "she Once Grate's sto~ was publi~d ,; ~!~all ~the:time~r'-was beaded home ~? the Jan. 22 Suffolk Trees, it ~i(56k no ~o Jane ..I~r?il~ng~s house in Matt tuck tm~e at a for area residents to step . M~ Kr6il~g'~ beloved-black Labrador forward and start filing adopt on was lost in October. One took at tl~e. papem The good news here is that not Lab-mix pupp es and Ms. Krefiingsaid only did all.eight puppies get:a hew she knew tl~e time had come to ad~ home, but so did ~3ra~:e. · ~gain. "I'm callhig nght now,~' Lauren . Spooner got ~ home whh Julie Grant of New Suffolk toJd her hus- Osier of Cut ,c_hogue, who had to band Jack whett .~e;a~¥/the. stO~ abaut Gi:ac~ ~6d~hor'B~-ood.~t~s~ th og for U~ ~wiill the Grai~is for ab~fi~ ~e'~ wonderful dog.' Grace Mil b~ spayed so that this Will be her last litt6r. And alt eight puppies -- fou~'~nl~les and fou~ fe~al~*s ~'~ are being.spayed ' %' or neutered a~w~ll~to preben¥ f~her s~ak~ catcher leaned in 4nd low- ered a gloved hand ever':~6 slowly tos~ard the fat ~ out e animals. We neve ,,or are 1 s to where 'the her ; als the director of the North Folk Animal Welfare League (Nt~WL), and she takes her jOlt' 'v'ely seriously. As overseer of the Ca~ fo~ 30 to 60 canines and felines and one huge pot bellied pig. named Fifi, Gilii~m "Olle And there is pl~6J ~i~ti~t~on going on. Jack Dempse~/~ th~3~.'gged ~ cat who resembles the fighter hirrmelf resi- dred r and - sit~ that I and so technical t~rms, th~ ~Nt~A ~_.WL is said c~tracted ~ith the Town _ot~S0fifl~old, ~J~ pr6:,~de ~nimai hat she's Animal control, which is regulated by New York:State, includes picking up and caring for :stray dogs, licensing do~g and in~' ~ure they are rabies vaccinated. In short, Gillian'sjob is to see that. the shelter enforces New York State animal eontrol laws. A .typical day usually doesn't involve ~rappLng t~our-foot snakes, but co~ild very possibly involve cleaning ~ the bottom "so if bring home fi:oni here to foster w6n't come back. I'll tell David it, ,' to has See Afrlc~ bushbaby, page 38 ttituck Stalking L.I.'s Colonies of Feral Cats By LORRAINE KREAHLING SUSAN DARNELL BOYD ignored the heart- wrenching yowls from the five caged cats in the back seat of her BMW and kept her eyes fixed on the North Fork back road ~at she had driven hundreds of times. The cats belonged to no one, although a caretak- · drives every day to feed them at the abandoned led where they live. Ms. Boyd had just spent mrly three hours trapping the cats as part of her ork for the North Fork Animal Welfare League ral feline program. Bred in the wild, the cats can never be handled. heir mothers taught them as kittens to fear ~man contact. But they are not dangerous "wild tis." Most become "spooked" and disappear hen people approach. Even their caretaker can- )t be sure of their numbers. "We don't take 6n a colony unless there's a eder or caretaker," Ms. Boyd said. "Once the ~ts are neutered and inoculated against rabies ~ the common feline viruses we return them to eir environment. Neutered adult ferals get fat Id happy. I wish I could tell the cats in my back The strays are neutered and returned to the wild. seat that they're on their way to a healthier and longer life." Colonies of strays, where up to 60 cats live, are not endemic to rural areas like the North Fork, with its many farms and commercial docks and fish-processing plants, where cats can rely on regular meals. In cities and in suburbs throughout the nation cat colonies spring up near restaurant and delicatessen garbage bins. In many cases compassionate people feed the colonies. More often than not, the caretakers are women, sometimes mythologized as "cat ladies." The feral cat population from the hamlet of Laurel to Orient Point, is probably no higber than elsewhere m the country. The natural barriers formed by Peconic Bay on the south and Long Island Sound on the north could make Ms. Bo3 mission to neuter and inoculate every feral ca~ the North Fork more manageable. A kind of folk wisdom that espouses "surviva the fittest" lingers behind the tradition of farm who fail lo neuter and inoculate the barn cats t keep for rodent control. But, Ms. Boyd said, m. of those have short brutal lives. "I try not to be judgmental," she said. "But o you've seen a 6-week-old feral die from upi respiratory infection or find the body parts left a raccoon who has torn apart a barn kitten, have les~ patience for people who think farm ( and house cats are different. Cats don't show their suffering. They usually starve and die fr disease alone and out of sight." Ms. Boyd dropped off the morning's trapping one of the 10 veterinarians in the league progr who offer free neuterings and inoculations e month. She held onto a carrier with three kitte Back home, in her family's two-car garage eight neatly kept cages, with clean newspaper~, the bottoms and aluminum roasting pans for li~ boxes, all kept above the cold cement floor on w Continued on Page 12 ~san Darnell Boyd enticing cat with food before capture. After neutering, the animals are returned to the wild. Continued From Page 1 l~.~MifiionstraysNa On~ y said: ' iearn~ these things;take ~ try the final NFAWL mission statement, by-laws, certificate of incorporation, ein certificate. North Fork Animal Welfare League, Inc. Est. July 1963 Peconic NY 11958 The mission of the League is to provide humane care and treatment for all of the animals needing protection in our community. We are the only East End shelter with the commitment and courage to take on the difficult task of providing animal care and control for al__[l the homeless and needy animals within our community while maintaining a no-kill policy. Never is a healthy, adoptable animal killed for the sole crime of being homeless. Spay/neuter and humane education are two of the most important tools utilized in the fulfillment of our mission. THERE IS NO SHELTER LIKE A HUMANE COMMUNITY NORTH FORK ANIMAL WELFARE LEAGUE, INC. AMENDED AND RESTATED BYLAWS ARTICLE I Purnoses and Policies Section 1. Purposes. The purposes of the North Fork Animal Welfare League, Inc. (the "League") are: the prevention of cruelty to animals; the relief of suffering among animals; the extension of humane education; the enforcement by all lawful means of the laws relating to or in any way affecting animals; to seek to retum lost animals to their rightful owners; to seek suitable homes for animals without owners; and to provide humane care and shelter for all animals needing protection in the area served by the League. Section 2. Policies and Standards. It is the policy of this League to provide euthanasia only when necessary. No animal under the control of the League may be euthanized except as herein specifically provided. In its care and disposition of animals, the League shall maintain the minimum standards prescribed by the Humane Society of the United States. ARTICLE II Headquarters and Branches The principal office and headquarters of the League shall be in Southold Township, Suffolk County, New York. The League may establish and maintain branches and offices elsewhere. ARTICLE III Seal The Board of Directors (the "Board") may prescribe the design for a Corporate Seal. The Seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. ARTICLE IV J:\0109\0109-- 1110.wpd Members The Corporation shall have no members. ARTICLE V Board of Directors Section 1. Powers and Number. The Board of Directors shall have general power to control and manage the affairs and property of the League in accordance with the purposes and limitations set forth in the Certificate of Incorporation. The number of Directors of the entire Board shall be ten (10). The number of Directors may be expanded or reduced by the Board, but in no case shall the number of Directors consist of less than three (3) nor more than twelve (12) Directors. Each Director shall be at least eighteen (18) years of age. Section 2. Eligibility. No person employed by or receiving remuneration for services from a humane society and no person who derives his or her livelihood, or any significant income from the purchase, sale, use, care or commercial exploitation of animals may be a Director. Section 3. Election and Term of Office. To become a Director, a person shall be nominated by a then existing Director and elected by a majority of the Board at the annual meeting of the Board of Directors, except as otherwise provided herein. Directors shall hold office until the applicable annual meeting of the Board of Directors and shall serve for terms of three (3) years; provided, however, that any Director elected to fill an unexpired term (whether resulting from the death, resignation or removal or created by an increase in the number of Directors) shall hold office until the next election of Directors. Directors may be elected to any number of consecutive terms. Section 4. Vacancies and Newly Created Directorships. Any newly created directorships and any vacancies on the Board of Directors arising at any time and from any cause may be filled at any meeting of the Board of Directors by a majority of the Directors then in office, regardless of their number, and any Director so elected shall serve until the next annual meeting at which the election of directors is in the regular order of business and until his or her successor is elected. Section 5. Removal. Any Director may be removed at any time for cause by a majority of the Board then in office at any special meeting of the Board called for that purpose, provided at east one week s not,ce of the proposed action shall have been given to the entire Board of Directors then in office. Section 6. Meetings. Meetings of the Board may be held at any place within or without the State of New York as the Board may from time to time fix, or as shall be specified in the notice or waivers of notice thereof. Any meeting of the Board may be held by means of J:\0109\0109--11 lO.wpd conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time. The annual meeting of the Board shall be held in the seventh month of each year at a time and place fixed by the Board. Special meetings of the Board may be called by the President, or by the Secretary when requested to do so in writing by any three (3) Directors, in each case at such time and place as shall be fixed by the person or persons calling the meeting. Section 7. Notice of Meetings; Waiver of Notice. Notice of the time and place of each regular meeting, and each special meeting that is called by the President, shall be mailed to each Director, postage prepaid, addressed to him or her at his or her residence or usual place of business (or at such other address as he or she may have designated in a written request made to the Secretary) or shall be communicated to each Director via facsimile transmission or E-mail at his or her residence or usual place of business, at least seven (7) days before the day on which the meeting is to be held; provided, however, that notice of special meetings to discuss matters requiting prompt action may be given personally, by telephone, by facsimile transmission or by E-mail, no less than forty-eight (48) hours, unless the meeting must be held within forty-eight (48) hours. Notice of the time and place of each special meeting called by the Secretary at the written request of three (3) Directors shall be mailed to each Director, postage prepaid, addressed to him or her at his or her residence or usual place of business (or at such other address as he or she may have designated in a written request made to the Secretary) or shall be communicated to each Director via facsimile transmission or E-mail at his or her residence or usual place of business, at least thirty 30) days before the day on which the meeting is to be held. Notice ora meeting need not be given to any Director who submits a signed waiver of notice, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to him or her. Section 8. Quorum and Voting. A majority of the members of the Board of Directors shall constitute a quorum. Except as may otherwise be prescribed by statute or these bylaws, the vote ora majority of the Directors present at the time of the vote, ifa quorum is present at such time, shall be the act of the Board. If at any meeting of the Board there shall be less than a quorum present, the Directors present may adjourn the meeting until a quorum is obtained. No proxy voting is permitted for meetings of the Board. Any action required or permitted to be taken by the Board, or any committee thereof, may be taken without a meeting if all the members of the Board or the committee consent in writing to the adoption of a resolution authorizing the action. Section 9. Attendance. If any member of the Board shall be absent from three (3) consecutive regular meetings, without being excused from attendance by the Board, he or she shall be deemed to have resigned from office and the vacancy so caused shall be filled as herein provided for the filling of vacancies on the Board. Section 10. Compensation. Directors and members of committees shall be classed as volunteers and shall not receive any salaries of fees for their services as such, but may be reimbursed for reasonable expenses incurred in fulfilling their duties. J:\0109\0109--I 110.wpd Section 11. Transactions between Board Members and the League. In any instance where the League proposes to enter into a contract or other transaction with one or more of the directors or with a corporation, firm, association or other entity in which one or more of the directors have a substantial financial interest or are officers or directors (an "interested party transaction"), the board member or members interested in the transaction shall: a) disclose his or her interest to the board, prior to any vote on the transaction; b) other than as compliance with a) above requires, absent himself from discussions, deliberations, or votes concerning the transaction; c) not be counted in determining the existence of a quorum. In considering any transaction described in this paragraph, the League shall satisfy itself that the transaction is fair and reasonable to the League in the manner it deems appropriate. Section 12. Board Procedures for Consideration of Interested Party Transactions. In considering any transaction described in this section or Section 11, the League shall satisfy itself that the transaction is fair and reasonable to the League and does not constitute an "excess benefit" to the board member interested in the transaction. Whenever feasible, the Board shall approve an interested party transaction only after obtaining appropriate data as to the cost of comparable goods or services. In the case of compensation arrangements, appropriate comparative data includes, but is not limited to, compensation levels paid by similarly situated organization, both taxable and tax-exempt, for functionally comparable positions and/or compensation surveys compiled by independent firms. In any instance where the League approves an interested party transaction, the minutes of the meeting where such transaction is approved shall note a) the terms of the transaction; b) the date it was approved and those who voted on it; c) the comparability data obtained and relied upon and how such data was obtained; d) the basis for the League's decision to approve the transaction. Section 13. Conflict of Interest Disclosure. At each annual meeting of the League, each Director of the League shall complete a Conflict of Interest Disclosure statement, the form of which shall be determined by the Board of Directors. The statement shall disclose all interested party transactions involving each board member entered into or continued during the preceding year, as well as interested party transactions currently before the Board for its consideration. ARTICLE VI Officers, Employees and Agents Section 1. Number and Qualifications. The officers of the League shall be a President, Vice-President, Recording Secretary, Corresponding Secretary and Treasurer and such other officers as the business of the League may require, as determined by the Board. All officers shall hold office at the pleasure of the Board. Section 2. Election and Term of Office. The officers of the League shall be elected by the Board at the annual meeting of the Board, or as soon thereafter as is practicable. Each officer, whether elected at the organizational meeting, or to fill a vacancy or otherwise, shall hold office J:\0109\0109-- 1110.wpd for a one year term, or until a successor shall have been elected and shall qualify, or until the resignation, removal or death of such officer. Section 3. Other Agents and Employees. The Board may from time to time appoint such agents and employees as it deems necessary, each of whom shall serve at the pleasure of the Board and shall have such authority, perform such duties and receive such reasonable compensation, if any, as a majority of the Board may from time to time determine. To the full extent allowed by law, the Board may delegate to any officer, agent or employee, any powers possessed by the Board, and may prescribe their respective title, terms of office, authorities and duties. Section 4. Removal. Any officer, agent or employee may be removed with or without cause by a vote of a majority of the Board. Section 5. Vacancies. In case a vacancy shall occur in any office of the League, a successor may be elected by the Board to fill the unexpired portion of the term. Section 6. President. The President shall preside over all meetings of the Board. The President shall have general supervision over the affairs of the League and shall keep the board fully informed about the League's activities. He or she shall have the power to sign and execute in the name of the League all contracts authorized either generally or specifically by the Board, unless the Board shall specifically require an additional signature. The President shall perform such other duties as may be from time to time assigned by the Board. Section 7. Vice-President. The Vice-President shall perform the duties of the President when the President is incapacitated, unavailable, or for any reason cannot serve. The Vice- President shall have such additional powers and duties as may be assigned to him or her by the Board. Section 8. Recording Secretary_. The Recording Secretary shall take and preserve minutes of all meetings of the Board, shall notify directors (as applicable) of annual, regular and special meetings, and perform such other duties as may be assigned by the Board. The Recording Secretary shall have custody of all files, records and other documents and oversee their safe- keeping. Section 9. Corresponding Secretary. The Corresponding Secretary shall receive and report all correspondence to the Board or the Executive Committee, if any, and shall answer all correspondence unless otherwise directed by the Board. Section 10. Treasurer. The Treasurer shall keep, or cause to be kept, full and accurate accounts of receipts and disbursements of the League and shall deposit, or cause to be deposited, all moneys, securities, evidences of indebtedness and other valuable documents of the League in the name and to the credit of the League in such banks or depositories as the Board may designate. The Treasurer disburse funds in accordance with a budget approved by the Board. The Treasurer shall submit to the Board an annual report audited by an independent accountant J:\0109\0109-- 1110.wpd selected by the Board, of the income, liabilities and assets of the League. Section 11. Compensation. The Executive Director of the League, and any other employee or agent of the League, may receive a reasonable salary or other reasonable compensation for services rendered to the League, when authorized by a majority of the Board of Directors, and only when so authorized. ARTICLE VII Committees Section 1. Committees of the Board. The Board may, by resolution adopted by a majority of the entire Board, establish and appoint an executive committee and other standing committees. The President of the Board shall appoint the Chair of each committee. At least one member of other committees shall be a member of the Board, except as otherwise provided herein. Each committee shall, to the extent provided in the resolution establishing it, have all the authority of the Board except as to the following matters: 1. the filling of vacancies on the Board or on any committee; 2. the amendment or repeal of the by-laws or the adoption of new by-laws; 3. the amendment or repeal of any resolution of the Board which by its terms shall not be so amendable or repealable; 4. the fixing of compensation of the Directors for serving on the Board or any committee. Special Committees may be appointed by the President with the consent of the Board and shall have only the powers specifically delegated to them by the Board. Section 2. Executive Committee. (a) Members of the Executive Committee. The Corporation may have an Executive Committee of three (3) members, all of whom shall be members of the Board of Directors. The President of the Corporation, by reason of his or her office, shall be a member and Chairman of the Executive Committee. The other members of the Executive Committee shall be elected by the Board of Directors from among its members, and shall be eligible to serve on the Executive Committee as long as they are still serving on the Board of Directors. (b) Terms of Office for Executive Committee Members. Except in the event of resignation, death, or the termination of the board membership of an Executive Committee member prior to the normal expiration of his or her term of office, all members of the Executive Committee shall be elected each year. Regardless of the normal expiration date of the term of an J:\0109\0109-- 1110.wpd Executive Committee member who serves his or her entire term, such member shall, in any event, hold office until a successor has assumed office. (c) Vacancies on the Executive Committee. Whenever a vacancy shall occur on the Executive Committee, the Board of Directors shall appoint a new member from the membership of the Board of Directors to fill the vacancy for the unexpired term. (d) Powers and Duties of the Executive Committee. Except as limited by Section 1 above, the Executive Committee shall exercise, subject at all times to the general direction and control of the Board of Directors, all of the powers and authority necessary to conduct the normal operations of the Corporation, including authorization to sign documents on behalf of the Corporation. ARTICLE VIII Books and Records There shall be kept at the office of the League, or the League's accountant, correct books of account of the activities and transactions of the League, including a minute book, which shall contain a copy of the Certificate of Incorporation, a copy of these by-laws, and all minutes of meetings of the Board. ARTICLE IX Contracts, Checks, Bank Accounts and Investments Section 1. Checks, Notes and Contracts. The Board of Directors is authorized to select the banks or depositories it deems proper for the funds of the Corporation. The President and the Treasurer shall be authorized in the League's behalf to sign bills, notes, receipts, acceptances, endorsements, checks, releases, contracts and documents, and both of their signatures are required to execute such documents. Section 2. Investments. The funds of the League may be retained in whole or in part in cash or be invested and reinvested from time to time in such property, real, personal or otherwise, including stocks, bonds or other securities, as the Board of Directors may deem desirable. ARTICLE X Fiscal Year J:\0109\0109-I 110. wpd The fiscal year of the League shall commence on January 1st of each year. ARTICLE XI Indemnification Section 1. Officers and Directors. The League shall indemnify each of its Directors and each of its Officers (both current and former) and the testator or intestate of each in the discharge of their duties to the League (including acting as trustees or officers of other foundations, corporations or entities at the request of the League) to the fullest extent authorized by the Not- for-Profit Corporation Law of the State of New York (the "N-PCL") as it may be amended. Specifically, the League shall indemnify such Directors and Officers in all instances and to the extent described in N-PCL 772 and 723(a) and may indemnify them in any specific case permitted by statute upon the opinion in writing of independent legal counsel that indemnification is proper in the circumstances because the applicable standard of conduct prescribed by law has been met by such Director or Officer. Section 2. Other Agents and Employees. The League may, at the discretion of the Board, indemnify all corporate personnel, other than Directors and Officers, in the same manner and to the same extent as any Officer or Director. ARTICLE XII Amendments These bylaws may be amended or repealed by the affirmative vote of a majority of the Board at the armual meeting or at a meeting duly called for the purpose of altering these by-laws, providing notice of the proposed alteration has been included with the notice of meeting. J:\O109\O109--1110.~od CERTIFICATE OF INCORPORATION OF NORTH FORK ANIMAL WELFARE LEAGUE~ % ~< PURSUANT TO THE MEMBERSHIP CORPORATIONS LAW LEPFERTS pAINE EDSON ATTORNEY AT LAW CBRTXFXC&TE OF ~N¢ORPORATION OP PURSUANT TO T~ MEMB~mSHIP WE, TH]~ UNDERSIGNED, for the purpose of membership Corporation purs~nt t~ the ~w of the S~=e of New York, hereby certify, : 1, The name o~ hhe proposed corporation North Fork Animal welfare League, lnq~~  2. The purposes for which it'is es be £ormed' are to provide, promote and advance humane ~ care and treatment of animals bi s~y and all proper enid. fective means throughout the territory in Which it'~s to operate! to foster kindness to animals and ~o promc~.~9. welfare by humane education and otherwise~ to purchase, publish and circulate literature relating to kindness ~o animals and the work of the Society~ =o ac= ar a.dgg ~Fg~q~Av9 association in the protection o~ dogs and particularly ~n the protection, care and disposition of lost, s~z&yed-.9~.~ ? hmae~eSS doqe~'an~ a~ e par~ o~ o~-tnciden~ ~o ouch doq' pro~ective purposes to establish and provide by purch.ase, or other anL!uala and other necel~o,z'y' buildings, ~q~£1~aen~ therefor and to opex~te the same all such acts as may be cuetcma~ or advise.bls'in the 120 and 120-a of the Agriculture and Markets any other law providing for contracts for £Qr destruction or other ~._di.S?~i~ion of aei~e~ in provided and in general to do any and all p~o~,E lating =o ~he h~ne and anal pro.Sc=ire Leaque.~ purposes do not include direct law enEorc~ powers[a~d the ~ague is not incor~rated as a the prevention of cruelty to an~ls bu~ =a~er as pro~ec=ive,' ani~l welfare and h~ne.- 3. The terri~o~ in which ~s ~pera~ions. .ar~, princi~llY to be conducted Is Southold, T~' OE ~gU~ County of suffolk, S=ate of New York. 4. '~e =o~ and cowry in ~hicb..~ta ~f~ice be located' are To~ of Southold and County o~ Suffer. 5, ~e n~ber of i~s directOrS shall not be than three nor ~ore than twelve. T..,t~e ~eet~ugs mubm~:cAbed~ ~ ~ day o{ ~Tune, 1963, b4~e Bo] I. LLI. A3,LQI M, LOVOlI, ~To~e i~. Tez'z'~r,. Z2~.J.l M, #e..'Llr.=, t,o ma ~ an~ Jr. nob~ t.o me ~:o ~e t. he 8a.u~ orJ,bod Ln. ~d. 'd~ exoaut, ed t.~e £o=ogo:Lng t.hit, t, heS, e.xecu~.ed ~:~,e '3'erin Fjq~rm Mc=fcA aO..196 ~, ) 88., (M~TY ~ S~'OLE ) Ann E, Dav:L~ . . Ann h. Wal~ ~L~T~y PUBliC, ~tote °f ~unYt~~ Xn ~ M~l:t~ Cl~ t~ Xnco,t"'~o~&tlon of Court hal ever been made. 8wo~n ko before me this 11t. h day 0£ J~,e, 1963, CERTIFICATE OF AMENDMENT of the CERTIFICATE OF INCORPORATION of NORTH FORK ANIMAL WELFARE LEAGUE, INC. Dated: June 16, 1980 GELS, FORMAN, SCHULZE, COOKS & WACH $OO MERRICK ROAD ROCKVILLE CENTRE, N. Y. IFE, the undersigned, being the respectively of NORTH IaORKANIMAL%ffI~F~k= LF~UE, certify~ ~re.~ident and Secretary~ W~.~ARE T.R~UE, INC. 2. The Certificate of Inoorporation was filed by the D~partment of State om the 19th day of July, 1963, pursuant to the Membershi~ ~or~orations Law. 3. This ~or~oration is a ~orporation as defined in subparagreph (a)(5) of Section 102 of the Not-For-Profit.Corpora- tion Law and is a Ty~e B corporation, ~ur~uant to Section 201 of the N~t-For-Profit Corporation Law and continue, to be ~uuh Type B corporation ~pon the adoption of the Amendment set ~orth below. 4. ~e Post Office Ad~Lress within the ~tate to which the L~cretary of State may mail &~y notice required by law Box 87 Southhold, N.Y. 11971 1. The n~%e of the corporation iss NORTH FORK ,ANIMAL INC., hereby paragraph to read as 5. T~e purpose.~ of said corporation as set forth in '2' of the said' Certificate of XncorpOration is amended follC~al "2. The purposes for which it is to be formed asa to provide, promOte and advance humane and other protective care and treata%ent of animals by any and all proper and effective means throughou= the terri- tory in which it ~s authorized to operate! to foster kiadne~s to animals and to p~.omote animal welfare by humane '~ducatiOn and otherwise; to purchase, ~rint, publi~h'~nd circulate literature relating to kind- nes~ ~o animal~ and the work of the LeagUe! to act as a do~ ~roteC=i~e association in the protection of dogs an~ partiCUlarly in the protection, care and disposition of lost, strayed or homeless dogs and as a part o~ or i~cident to such dog protect- ive pur~OSe~ to establish and pr~ide by p~chase or otherwise and to maintain a shelter or shelters for d~gs or other animals and other neCessarY buildings, land~ and equi~%~nt therefor a~d to o~- state the same and to perform all such acts as may be customary or advisable in the operation of an animal shelter! to contract under Sections and 115 of the A~ricult~re andMsxkets Law Or under ar~ other law providing for contracts for similar purposes and to perform such contract or contracts and to provide for destruction or other disposition of seized dogs as therein provided and in gener&l to do any and all proper acts'relating to the humane and animal protective purpOses of the League.~The League is not incorporated as a Society for the prevention Of cruelty to animals, but rather as a dog protective animal welfare and humane society." 6. The above Amendment to the Certificate of Incorp- ;oration wa~ authorized by $ vote of the majority Of members entit- led to vote thereon at a meeting of the members. 7. No approvals or consents were endOrse~ on~ or an- nexed to the original Certificate of I~orporation, except the .proval of a Justice of the Supreme Court of the State of N w York and that such approval of a Justice of the Supr~ne Court of the State of New York will be endorsed upon, or annxed t0 the within 'Certificate of Amendment. IN WITNESS WHEREOF, nhis certificate has been subscribed this /~ day of June, 1980 by the undersigned who affirm that the statements made herein are true under the penalties of perjury. MARIA TEJQ ANN ARCHER CAPACITY IN WHICH SIGNED President Secretary SIGNATURE i STATE OF NEW YORK ) iiCOUNTY OF SUFFOLK )ss: ANN ARCHER being duly sworn, deposes I! thatshe is the Secretary of NORTH FORK ANIMAL WELFARE LEAGUE, · the corporation and one of the persons who II Certifioate of and says INC. signed the foregoing Amendment, that she has read the Certificate of Amendment and knows the contents thereof and that the same is truel to her own knowledge. Sworn to before me this Ann Archer e Supreme Court of the State of New York, Tenth Judicial District, hereby approve the foregoing Amendment to the Certificate of incorporation of ~TH FORK ANIMAL WELFARE LEAGUE, INC. Dated: /~the Supreme Cour Internal Revenue Service DEter Director North Fork Animal Welfare League, Inc. Post Office Box 297 $outhold, NY 11971-0297 Department of the Treasury 10 MetmTech Center 625 Fulton Street Brooklyn, NY 11201 Date: Person to Contact: Patrioia Holub Contact Telephone Number: (718) 488-2533 EIN: 11-6024590 Dear Sir or Madam: Reference is made to your reguest for verification of the tax exempt status of North Fork Animal Welfare League, Inc. A determination or ruling letter issued to an organization granting exemption under the Internal Revenue Code remains in effect until the tax exempt statue has been terminated, revoked or modified. Our records indicate that exemption was granted as shown below, Sincerely yours~ Patricia Holub Manager~ Customer Service Unit Name of Organization: North Fork Animal Welfare League, Date of Exemption Letter: June 1964 Exemption granted Pursuant to section §01(o)(3) of the Internal Revenue Code. Foundation Classification (if applicable): Not a private foundation as you are an organization described in section 509(a)(2) of the Internal Revenue Code. Inc. NFAWL financial reports, certificates of insurance YEAR 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Total Operating Expenses for the Southold Animal Shelter Operated by the North Fork Animal Welfare League since 1980 TOTAL EXPENDITURES TOWN CONTRIBUTION NFAWL CONTRIBUTION $268,277 267,511 275,922 303,302 295,567 384,020 331,593 362,162 305,688 325,178 353,565 325,959 363,724 376,780 $121,000 121,000 126,000 132,000 135,960 140,039 150,000 156,000 162,240 168,730 175,479 182,498 189,798 197,390 $147,277 146,511 149,922 171,302 159,607 243981 181 593 206 162 143 448 156 448 178 086 143 461 173 926 179 390 TOTAL $4,539,248 $$2,158,134 $2,381,114 NORTH FORK ANIMAL WELFARE LEAGUE INC FINANCIAL STATEMENTS DECEMBER 31, 2010 & 2009 IRWIN & ODELL, CPAs LLC 6 Sterlington Commons Greenport, NY 11944 (631) 477-3011 (631) 477-9533 (Fax) January 19, 2011 Board of Directors North Fork Animal Welfare League Southold, NY 11971 We have compiled the accompanying Statement of Financial Position - income tax basis of North Fork Animal Welfare League Inc as of December 31, 2010 and 2009 and the related Statement of Activities - income tax basis for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The financial statements have been prepared on the accounting basis used by the Company for Federal income tax putposcs, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Company's financial position, results of operations, and its cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. Joseph W Irwin,tCPA Partner, Irwin & Odell, CPAs LLC ']~:08 PM ' 01/19/11 Accrual Basis NORTH FORK ANIMAL WELFARE LEAGUE INC Balance Sheet As of December 31, 2010 ASSETS Current Assets Checking/Savings 10t0 - Cash-SCNB General Checking 1015 - Capital One Checking 10t6. Capital One CD 1017. $CNB Money Market 1018 · Petty Cash Total Checking/Savings OUter Current Ansets 1020. Wells Fargo-Reguisr 1030. Wells Pargo-Rcetfletecl 1090. Security Deposits 1095. Prepaid Insurance Total Other Current Assets Total Current Assets TOTAL ASSETS LIABILITIES & EQUITY Uabilltles Current Liabilities Acceunts Payable 2000 - Accounts Payable Total Accounts Payable Other Current UabilYdes 2050. FICNFWT Payable 2060. SWT Payable 2070 * Other Payroll Taxes Payable Total Other Cunent Liabilities Total Current Liabilities Total Liabilities Equity 3000 · Fund Balance League 3200 - Fund Balance Restrlcted-Troxnl Total Equity TOTAL LIABILITIES & EQUITY Dec 31, 10 Dec 31, 09 47,141.90 28,909.61 8,798.61 1,375.86 0.00 6,171.73 10,015.24 0.00 230.00 230.00 66,185~75 36,687.20 482,253.23 416,050.66 301,972.48 291,088.77 5,000.00 5,000.00 6,478.00 5,489.00 795,703.71 717,628.43 861,889.46 754,315.63 861,880,46 754,315.63 6,421.45 9,332.82 6,421.45 9,332.82 21.00 4,902.83 0.00 694.65 375.18 313.07 396.18 5,910.55 6,817.63 15,243.37 6,817.63 15,243.37 553,099.35 447,983.49 301,972.48 291,088.77 855,071.83 739,072.26 861,889.46 754,310.63 Page I of 1, 12:07 PM 01119111 Accrual Basis NORTH FORK ANIMAL WELFARE LEAGUE INC Profit & Loss January through December 2010 RnstlcbKI -Grant Ressflctsd-Troxel Unrnstrlctsd TOTAL Jan - Dec 10 Jan o Dec 09 Jan - Dec 10 Jan - Dec 09 Jan - Dec 10 Jan - Dec 09 Jan - Dec 10 Jan - Dec 09 4014 - Shelter Donations 40t5 · Grants 4016. Bequests 4018 * Shannon TrusS Fund Income 4019 · Interest Income 4021 - Accrued Interest Paid 4022 · Dividend Income 4025' Net Galn(Lnae) Stock Sales 4024 · Fundraialng Income 4026. Dogs 4030 · Dogs-Spade & Neutered 4032 · Cats 4034 · Cats-Spade & Neutered 4036 · Memorials 4038 · Guardian Angels 4040 · Rabies Clinic 4100 · Town Income 4280' Mlscoliansous income 4290 · Restriction SMMfled Total Income Expanse EOM) ' Salaries 5019 · Payroll Taxes 5012. Employee Benefits 5014 ' Kennel Suppllse 5016 - Dog Vssemarien Fee~ 5018 · Repalra & Maintenance 6020. Auto Expense 5024' Telephone 5026 · Utilities 5030 · insurance 5032 · Advertising 5034. Legal Fees 6036' Accounting Expanse 5036, Bookkeeping 5037 · Liaconses & Permits 5038 · Cat Medical & Supplies 5039 - CSS Food 5041 · Credit Card Fees 5046 · Fundraialn9 Expanses 5050 · Malllngs/INeb Site 0.00 0.00 0.00 0,00 95,786`28 94,112.30 95,788.28 94,112.30 10,000,00 0.00 0.0O 6`00 0.00 0,00 10,000.00 0.00 0.00 0.00 0.00 0.00 t10,000.00 5,000.00 110,000.00 5,000.00 0~00 0.00 0.00 0.00 10,716.17 19,012.57 10,716.17 19,012.57 15.24 0.00 11,865.82 1,655.68 7,151.33 9,841.30 19,032.39 11,496.98 6`00 0.00 -1,6,55.83 -1,381.62 -1,779.85 -1,544.46 -3,435.68 -2,926.08 0.00 0.00 617.46 90.31 7,399.96 9,641.45 8,017.42 9,731.76 0.00 0.00 56.26 577.03 3,430.91 -27,497.50 3,487.17 -26,920.47 0.00 0.00 0.00 0.00 21,260.00 30,105.50 21,260.00 30,105.50 0.00 0.00 0.00 0.00 0.00 500.00 0.00 500.00 0.00 0.00 0.00 0.00 1,629.00 1,550.00 1,629.00 1,550.00 0.00 0.00 0.00 0.00 100.00 20.00 100.00 20.00 0.00 0.00 0.00 0.00 950.00 270.00 950.00 270.00 0.00 0,00 0.00 0.00 13,376.25 5,830.00 13,376.25 5,830.00 0.00 0.00 0.00 0.00 3,165.00 2,850.00 3,t65.00 2,850.00 0.00 0.00 0,00 0.00 419.00 697.00 419.00 697.00 0.00 0.00 0.00 0.00 195,492.03 187,973.13 195,492.03 187,973.13 0.00 0.00 0.00 0.00 975.00 1,722.00 975.00 1,722.00 -10,015,24 0.00 0.00 0.00 10,015.24 0.00 0.00 0.00 0.00 0.00 10,883.71 941.40 480,088.32 340,083.29 490,972,03 341,024.69 0.00 0.00 0.00 0.00 207,934.47 190,959.08 207,934,47 190,959.08 0.00 0.00 6`00 0.00 18,469.89 17,858.93 18,469.89 17,858.93 0~00 0.00 0.00 0.00 23,580.04 20,501.96 23,580.04 20,501.96 0.00 0.00 0.00 0,00 23,159.19 34,844.84 23,159, t9 34,844.84 0.00 0.00 0.00 6`00 t 8,076.89 15,904.63 18,076.89 15,904.63 0.00 0.00 0.00 0.00 1,322.58 2,243.84 1,322.58 2,243.84 0.00 0.00 0.00 0.00 4,029.06 2,460.60 4,029.06 2,460.60 0.00 0.00 0.00 6`00 2,100.08 2,591.10 2,100.08 2,591.10 0.00 0.00 0.00 0.00 0.00 282.98 0.00 282.98 0.00 0.00 0.00 0.00 6,016.04 10,077.78 6,016,04 10,077.78 0.00 0.00 0.00 0.00 13,511.06 11,603.00 13,511.06 1t,603.00 0.00 0.00 0.00 0.00 317.00 934.32 317.00 934.32 0.00 0.00 6`00 0.00 6,679.52 2,092.99 6,679.52 2,092.99 0.00 0.00 0.00 0.00 2,500.00 2,250.00 2,500.00 2,250.00 0.00 0.00 6`00 0.00 7,200.00 7,200.00 7,200.00 7,200.00 0.00 0.00 0.00 6`00 572.00 125.00 572.00 125.00 0.00 0.00 0.00 0.00 10,386.28 11,960.28 10,386.28 11,960.28 0.00 6`00 0.00 0.00 9,534.50 11,637.05 9,534.50 11,637.05 0.00 0.00 0.00 150.00 247.05 197.50 247.05 347.50 0.00 0.00 0,00 6`00 720.93 11,09 720.93 11.09 0,00 0.00 0.00 0.00 2,496.00 2,846.50 2,496.00 2,846.50 0.00 0.00 0.00 0.00 5,175.56 10,123.09 5,175.56 10,123.09 0.00 6`00 0.00 6`00 3,023.09 2,175.46 3,023.09 2,175.46 Page 12:07 PM 0tlt9/11 Accrual Basis NORTH FORK ANIMAL WELFARE LEAGUE INC Profit & Loss January through December 2010 Restlctad .Grant Restricted-Troxel Unmstrlctad TOTAL Jan - Dec t 0 Jan - Dec 09 Jan - Dec 10 Jan - Dec 09 Jan - Dec 10 Jan - Dec 0g Jan - Dec 10 Jan - Dec 09 6862 · Education 0.00 0.00 0.00 0.00 1,832.03 674.89 1,832.03 674.89 ~060 · Vehicles 0.00 0.00 0.00 0.00 3,000.00 0.00 3,000.00 0.00 50~ · Fences 0.00 0.00 0.00 0.00 2,418.00 0.00 2,418.00 0.00 5070 · Miscellaneous Expenses 0.00 0.00 0.00 0.00 2,478.80 2,018.06 2,478.80 2,018.0~ 5080 · Suspense 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Expense 0.00 0.00 0.00 150.00 376,780.06 363,574.97 376,780.06 36'3,724.97 Net Income 0.00 0.00 10,883.71 791.40 103,308.26 -23,491.68 114,19t.97 -22,700.28 Page 2 NORTH FORK ANIMAL WELFARE LEAGUE~ INC. FINANCIAL STATEMENTS DECEMBER 31~ 2009 IRWIN & ODELL, CPAs LLC 6 Sterlington Commons Greenport~ NY 11944 (630 (6~ ~) 477-95~ (Y~) INDEPENDENT AUDITORS' REPORT February 22, 2010 Board of Directors North Fork Animal Welfare League, Inc. PO Box 297 Southold, New York 11971 Dear Members of the Board: We have audited the accompanying statements of financial position of The North Fork Animal Welfare League, Inc. as of December 31, 2009 and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the NFAWL management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted my audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that my audit provides a reasonable basis for my opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the North Fork Animal Welfare League, Inc. as of December 31, 2009, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. Joseph ~. Irwin~PA Irwin & Odell, CPAs LLC NORTH FORK ANIMAL WELFARE LEAGUE, INC. ASSETS STATEMENT OF FINANCIAL POSITION DECEMBER 21, 2009 CURRENT ASSETS Cash - Demand deposits Cash - Time deposits Investments - UBS Unrestricted Investments - UBS Restricted Prepaid insurance Security Deposit TOTAL CURRENT ASSETS $ 30,515 6,172 402,365 288,985 5,489 5,000 $ 738,526 $ 738,526 TOTAL ASSETS LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable Taxes payable $ 9,333 5,910 TOTAL CURRENT LIABILITIES $ 15,243 NET ASSETS Unrestricted - undesignated Restricted- temporary TOTAL NET ASSETS $ 434,299 288,984 $ 723,283 TOTAL LIABILITIES ANDNET ASSETS $ 738,526 2 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, INC. sUPPoRT AND REVENUE STATEMENT OF ACTIVITIES DECEMBER 21, 2009 Unrestricted Restricted Donations/bequests Town contract income Interest inc6me Dividend income Net capital gains Fund raising events Sundry fees Unrealized Gain on Investments TOTAL SUPPORT & REVENUE Total $ 126,805 $ $ 126,805 187,973 187,973 8,299 274 8,573 9,641 90 9,731 (27,498) 577 (26,921) 19,983 19,983 4,759 4,759 65,334 $ 0,933) 63,401 $ 395,296 $ (992) $ 394,304 EXPENDITURES Program services Management & General TOTAL EXPENDITURES INCREASE (DECREASE) IN NET ASSETS NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR $ 297,153 $|50. $ 297,303 56,300 56,300 '$ 353,453 150 $ 353,603 $ 41,843 $ (1,142) $ 40,701 $ 392,456 $ 290,126 $ 682,582 $ 434,299 $ 288,984 $ 723,283 3 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, INC. STATEMENT OF CASH FLOWS DECEMBER 21, 2009 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ 40,70 l Adjustment to reconcile net income to net cash provided by operating activities: Increase in tme deposits (189) Decrease in prepaid expenses 115 lncrease in securuty deposits (5,000) Increase in accounts payable 1,129 Decrease in deferred income (15,208) Increase taxes payable 1,312 NET ASSETS PROVIDED BY OPERATING ACTIVITIES $ 22,860 CASH FLOWS FROM FINANCING ACTIVITIES NET CASH FLOWS FROM FINANCING ACTIVITIES $ CASH FLOWS FROM INVESTING ACTIVITIES Increase in Investment Principal - Unrestricted $ (56,303) Decrease in Investment Principal - Restricted 1,780 NET CASH FLOWS FROM INVESTMENT ACTIVITIES $ (54,523) NET DECREASE IN CASH $ (31,663) CASH BALANCE - BEGINNING $ 62,178 CASH BALANCE - ENDING $ 30,515 4 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, INC. STATEMENT OF FUNCTIONAL EXPENSES DECEMBER 21, 2009 EXPENDITURES Employee benefits Payroll taxes Accounting/Bookkeeping fees Supplies Telephone Postage & Shipping Repairs & maintenance Conferences'Travel Veterinarian fees Truck expense Utilities Office expense Advertising Bank charges Garbage Legal fees Licenses/Permits Miscellaneous expenses TOTAL EXPENDITURES Program Management % Services & General Total Admin. $ 152,767 $ 38,192 $ 190,959 20% 16,402 4,100 20,502 20% 14,287 3,572 17,859 20% 7,560 1,890 9,450 20% 46,482 46,482 2,073 518 2,591 20% 1,740 435 2,175 20% 2,244 2,244 675 675 27,865 27,865 2,461 2,461 226 57 283 20% 5,039 5,039 10,078 50% t 1,603 11,603 934 934 359 359 2,847 2,847 2,093 2,093 100% 125 125 $ 1,614 $ 404 $ 2,018 20% $ 297,303 $ 56,300 $ 353,603 5 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, 1NC. NOTES TO FINANCIAL STATEMENT December 31, 2009 NOTE A - ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization: North Fork Animal Welfare League, Inc., a non-profit organization, was incorporated July 19, 1963 and is exempt from federal income tax under the ~rovisions of Section 501(c) (3) of the Internal Revenue Code, and has been designated as an organization which is not a private foundation. The mission of the League is to promote animal welfare by means of neutering, human care and protection of stray and abandoned animals. Accounting Basis The organization uses the accrual method of accounting. Under SFAS No. 116 the marketable securities with readily determinable fair market values must account for unrealized gains or losses in the change in net assets. Contractual Agreement with Southold Town: On April 1, 2008 the League entered into a 3-year contractual agreement which will expire on March 31,2011. The agreement calls for a 4% annual increase over the term of the contract. The League is to perform the duties and responsibilities of dog control officer in the enforcement of the provisions of Article 7 of the Agricultural and Markets Law and the Town of Southold roles and regulations. The sum of money paid by the Town was in the amount of $15208.18/munth for the first three months: $15816.51 for the last nine months ($187973. for the calender year 2009). In addition, the League is to operate and maintain at its own expense the Town Animal Shelter in Peconic, NY; properly shelter, feed and water and otherwise care for all dogs in the shelter and comply with all of the duties outlined in the contract. Any humanitarian needs pertaining to the welfare of cats are to be an expense of the League. Use of Estimates in the Preparation of Financial Statements: Management of the League uses estimates and assumptions in preparing financial statements in accordance with generally accepted accounting principles. Those estimates and assumptions affected the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates that management uses. Cash and Cash Equivalents: The League considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Cash and cash equivalents for purposes of the statement of cash flows exclude permanently restricted cash and cash equivalents. Temporarily Restricted Funds: When donations are received for a defined purpose they are restricted until the conditions are deemed as met. In 2006 the NFAWL received $264,196 of temporarily restricted funds fi.om the Estate of Patricia Toner Troxel. The will directs that the funds be used exclusively for construction of an animal shelter or a wing in addition to an animal shelter solely owned by the League. At December 31, 2009 the FMV balance is $288,985. With no expenditures other than broker fees have been expended since inception. 6 NORTH FORK ANIMAL WELFARE LEAGUE, INC. NOTES TO FINANCIAL STATEMENT December 31, 2009 Uncertainties about the Future: On February 3, 2010 the North Fork Animal Welfare League,lnc.(NFAWL) ' received a "90 Day Notice of Intention to Terminate" fi.om the Southold Town attorney. The Town of Southold intends to terminate the Agreement dated April 1, 2008 between the Town and the NFAWL as of May 15, 2010 due to failure to comply with terms of the Agreement. On February 12, 2010 the attorney for the NFAWL responded to the Southold Town attorney that the NFAWL is in full compliance with the terms of the contract and the Town of Southold does not have the right to terminate this contract. The Towns reasons for termination are all addressed specifically by the Council for the NFAWL and concludes that," If the Town will not reconsider its intention to terminate the contract, the League hereby asserts its right to submit this dispute to arbitration before the American Arbitration Association, pursuant to Paragraph 3(0 of the contract. As of this report date there has been no response fi.om the Town and the issue cannot be determined as its possibility is unclear. 7 NORTH FORK ANIMAL WELFARE LEAGU]~. INC. FINANCIAL STATEMENTS DECEMBER 31.~8 NORTH ORK AN AL WELFAI~ LEAGUE, lNG: TABLE OF CONTENTS December 31, 2008 INDEPENDENT AUDITORS' REPORT .............................................................. I FINANCIAL STATEMENTS Statement of Financial Position ............................................................... 2 Statement of Activities ............................................................................ 3 Statement of Cash Flows .......................................................................... 4 Statement of Functional Expenses ......................................................... 5 Notes to Financial Statements ................................................................. 6 IRWIN & ODELL, CPAs LLC 6 Sterlington Commons Greenl~ort. NY 11944 (630 477-3011 (631) 477-9533 (Fax) INDEPENDENT AUDITORS' REPORT March 31, 2009 Board of Directors North Fork Animal Welfare League, Inc. PO Box 297 Southold, New York 11971 Dear Members of the Board: We have audited the accompanying statements of financial position of The North Fork Animal Welfare League, Inc. as of December 31, 2008 and the related statements of activities and cash flows for the year then ended. These financial statements are the responsibility of the NFAWL management. Our responsibility is to express an opinio~n on these financial statements based on our audit. We conducted my audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that my audit provides a reasonable basis for my opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the North Fork Animal Welfare League, Inc. as of December 3 l, 2008, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. Joseph W. Irwin, CPA Irwin & Odell, CPAs LLC NORTH FORK ANIM/~L WELFARE LEAGUE. INC. STATEMENT OF FINANCIAL POSITION December } 1, 2008 ASSETS CURRENT ASSETS Cash - Demand deposits Cash - Time deposits Investments - UBS Unrestricted Investments - UBS Restricted Prepaid insurance TOTAL CURRENT ASSETS TOTAL ASSETS LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable Deferred income Taxes payable TOTAL CURRENT LIABILITIES NET ASSETS Unrestricted - undesignated Restricted- temporary TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS $ 62,178 5,983 346,062 290,765 5,604 $ 710.592 $ 710,592 $ 8,204 15,208 4,598 28,010 392,456 290,126 682,582 710,592 2 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, INC. STATEMENT OF ACTIVITIES For the Year Ended December 3 [, 2008 SUPPORT AND REVENUE Donations/bequests Town contract income Interest income Dividend income Net capital gains Fund raising events Sundry fees Unrealized Loss on Investments TOTAL SUPPORT & REVENUE Unrestricted Restricted $ 117,040 $ 180,743 10,566 6,05 I 10,592 00,287) 743 24.750 $ 4,581 $ $ (79~019} $ (171) $ 258,966 $ 6,623 Total $ 117,040 180,743 16,617 10,592 (9,544) 24,750 4,58 I $ 265,589 EXPENDITURES Program services Management & General TOTAL EXPENDIT[JRES $ 262,665 $ 150.00 $ 262,815 $ 63tl44 $ $ 63tl44 $ 325,809 150.00 $ 325,959 INCREASE (DECREASE) IN NET ASSETS NET ASSETS - BEGINNING OF YEAR NET ASSETS - END OF YEAR (66,843) $ 6,473 459~299 $ 2831653 392,456 $ 290r126 $ (60,370) $ 742t952 $ 682~582 3 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE. INC. STATEMENTS OF' CASH FLOWS December 3 l, 2008 CASH FLOWS FROM OPERATING ACTIVITIES Change in net assets $ (60,370) Adjustment to reconcile net income to net cash provided by operating activities: Decrease in prepaid expanses 1,241 Decrease in accounts payable (1,003) Increase in deferred income 15,208 Increase taxes payable $ 3,880 NET ASSETS PROVIDED BY OPERATING ACTIVITIES $ (41,044) CASH FLOWS FROM FINANCING ACTIVITIES NET CASH FLOWS FROM FINANCING ACTIVITIES $ CASH FLOWS FROM INVESTING ACTIVITIES Decrease in Investment Principal - Unrestricted $ 68,876 Increase in Investment Principal - Restricted (7,112) NET CASH FLOWS FROM INVESTMENT ACTIVITIES $ 61,764 NET DECREASE IN CASH $ 20,720 CASH BALANCE - BEGINNING $ 41~458 CASH BALANCE. ENDING $ 62,178 4 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE. IN~C-.~ STATEMENT OF FUNCTIONAL EXPENSES For the Year Ended December 31, 2008 EXPENDITURES Pro, ram Management Services & General Total Personnel $ 138,250 $ 34,563 $ 172.813 Employee benefits 12,322 3,081 15,403 Payroll taxes 12,676 3,169 15,845 Accounting/Bookkeeping fees 7,360 1,840 9.200 Supplies 27,366 27:366 Telephone 2.930 733 3,663 Postage & Shipping 1,996 499 2,495 Repairs & maintenance I, 154 I, 154 Conferences/Travel 259 259 Veterinarian fees 31,644 31,644 Truck expanse 4,035 4,035 Utilities 734 183 917 Office expense 1,973 1,973 3.946 Insurance 14,095 14,095 Advertising 1,336 1,336 Bank charges 321 32 I Garbage 2,371 2,37 I Legal fees 16,783 16,783 Licenses/Permits 713 713 Miscellaneous expenses $ 1~280 $ 320 $ 1~600 TOTAL EXPENDITURES $ 262~815 $ 63,144 $ 325,959 % Admin. 20% 20% 20% 20% 20% 20% 20% 50% 5 See accompanying notes to financial statements NORTH FORK ANIMAL WELFARE LEAGUE, INC. NOTES TO FINANCIAL STATEMENT December 3 I, 2008 NOTE A - ORGANIZATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Or£anization: North Fork Animal Welfare League, Inc., a non-profit organization, was incorporated July 19, 1963 and is exempt from federal income tax under the provisions of Section 501(c) (3) of the Internal Revenue Code, and has been designated as an organization which is not a private foundation. The mission of the League is to promote animal welfare by means of neutering, human care and protection of stray and abandoned animals. _Accountin~ Basis The organization uses the accrual method of accounting. Under SFAS No. I 16 the marketable securities with readily determinable fair market values must account for unrealized gains or losses in the change in Contract~l Agreement with Southold Town: On April I, 2008 the League entered into a 3-year contractual agreement which will expire on March 31,201 I. 'the agreement calls for a 4% annual increase over the term of the contract. The League is to perform the duties and responsibilities of dog con~'ol officer in the enforcement of the provisions of Article 7 of the Agricultural and Markets Law and the Town of Southold rules and regulations. The sum of money paid by the Town was in the amount of $14,623.50/month for the first three months: $15208.18 for the last nine months ($180,743. for the calender year 2008). In addition, the League is to operate and maintain at its own expense the Town Animal Shelter in Peconic, NY; properly shelter, feed and water and otherwise care for all dogs in the shelter and comply with all of the duties outlined in the contract. Any humanitarian needs pertaining to the welfare of cats are to be an expense of the League. Use~ of Estilnates in the Preparation of Financial Statements: Management of the League uses estimates and assumptions in preparing financial statements in accordance with generally accepted accounting principles. Those estimates and assumptions affected the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates that management uses. C d C sh E u'v le ts: The League considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Cash and cash equivalents for purposes of the statement of cash flows exclude permanently restricted cash and cash equivalents. Tempor~ily Restricted Funds: When donations are received for a defined purpose they are restricted until the conditions are deemed as met. In 2006 the NFAWL received $264,196 oftemporurily restricted funds from the Estate of Patricia Ironer Troxel. The will directs that the funds be used exclusively for construction of an animal shelter or a wing in addition to an animal shelter solely owned by the League. At December 3 l, 2008 the balance is S283,653. With no expenditures other than broker fees have been expended since inception. STATE OF NEW YORK WORKER'S COMPENSATION BOARD CERTIFICATE OF INSURANCE COVERAGE UNDER THE NYS DISABILITY BENEFITS LAW PART 1.To be completed by Disability Benefits Carrier or Licensed Insurance Agent of that Carrier la. Legal Name end Addr~s of Insured (Use street address only) NORTH FORK ANIMAL WELFARE LEAGUE INC PO BOX 297 SOUTHOLD, NY 11971 2. Name and Address of Ihe Entity requesting Proof of Coverage (EntibJ being listed as the Certificate Holder) lb, Business Telephone Number of Insured 516-765-1811 lc. NYS Unemployment insurance Employer Registration Number of Insured 8685034 ld. Federal Employer' Identlflsatlon Number of Insured or Social Security Number 116024590 3a. Name of Insurance Carrier The First Rehabililatlon Life Insurance Company of America 3b. Policy Number of Entity listed in box "la": DBL107825 ' 3c. Policy effective period: 01/01/2011 lo 12/31/2011 4. Policy covers: a. [] All of the employer's employees eligible under the New York Dlsehillly Benefits Law b. [] Only the following class or classes of the employer's employees: Under penally of perjury. I cetttfy that I am an authorized representative or licensed agent of Ihe Insurance carrier referenced above and that I)~e named Insured has NYS Disability Benefits insurance coverage as described above, Date $igaed ............ 8y Telephone Number 516-829-8100 Title Chief Executive Officer IMPORTANT: It bas "4a' is checked, and this form is signed by the In~urence carrier's aulhorlzed reF~esentatlve or NYS t.lcmlsed Insurance Agent of that carrier, Ibis certifl~ale is COMPLETE. Mail it dlreClly to the certificate holder, PART 2. To be completed by NYS Worker's Compensation Board (Only If box "4b" of Part 1 has been checked) State of New York Worker's Compensation Board AccOrding ia infocmatlon maintained by the NYS Wm-ker's Compensation Beard, the above-named employer has complied wllh the NYS Disability Benefits Law with respect to all of hls~her employees Date Signed By (S gnalure of NYS Worker's Compensat on Board Emp oyee) Telephone Number Title Please Note: Only insurance carriers licensed to write NYS Disability Benefits insurance policies and NYS Licensed Insurance Agents of those tnsuraoce carriers are autberlzed to Issue Form De-120,1. Insurance brokers are NOT authorized to issue thfs form. DB-1201 (5-06) 07/J~?/281~ 23:16 516822S564 PRINCE ASSOC PAGE 01/81 ACORI CERI'IF CATE OF LIABILITY INSURANCE c~:""eu:~, (~16)822-65~0 ~;: ($16)fl22-6~64 '~ / 0 /08/2010 THI~ CERT FICATE ~ ISSUED ~ A MA~ OF INFORMATION F r~flc~ Associates, ~nc. ONLY AND CONFER~ NO RIGHT8 U~N THE OER~CATE ~83 BPoa~ay ~ ~OLDER THI~ CERTIF~ATE DOE~ NOTAMEND, EXTEND OR PO Box 297 $outhhold, NY I[97! i JN~URERS AFFORDING COVERAGE Hartford Tnsurance Co. i NAIL f/ 12SSARKS42:P~c~?/01/20-1.0 0 /01/2011 i~.^c~occu.~c~ s A X RETENTION g JLO, 000 A 1,000,00( lO,O0C 2,000~00~ 2,000,000 1,000,000 1,OO0,00( :rtifica~e Holder as Lafidiord (,f premtses C269 Pecofl~¢ Land, Pecofl~c, NY) ~$ Addftional ~flsuPid. ERTI/=ICATle HOLDI~R To~. of Southho]d ~tt~ To~n Clerk ;.0, ~oz 1179 $outhold. NY llgTl CANCELLATION T he ACORD name ~ t~88-200g ACORO OORPQRATI N. All dght. reeerve, arid logo are reglttered mark~ of ACORD New York State Insurance Fund P/orkcr~' Compe~sado~ & Di~'abillt~ B~,.efit~ ~pecia~'ts ~ 1914 1~ CU~CH ~ ~, ~.~. ~OZ-~ CERTIFBATE OF WOR~R8' 60M~NSA~N ~SU~E ^^^^^^ 11~,~0 NORTH FORK ~4iMAL WELFARE LEAGUE PO SOX 297 SOU~OI-O NY 11971 POLICYHOLDER NORTH FORK ,~ill~N_ WELFARE L;AGUE INC PO BOX 297 NY 11971 CERT{FICA'[E HOLDER 'TOWN OF ~OUTHOLD TOWN CLERK po BoX 11~9 POLICYNUMSER { CERTIFICATE NUMBER PERIOOCOVEREDBYTHI$ CERTIFICATE I DATE Z 873415-6 THIS IS TO CERTIFY THAT THEPOL~CYHOLDER NAMED ABDV~ IS ~URED WITH THE NEW YORK STATE INSURANCE FUND UNDB~ POUCY NO. 6T3415-8 UNTIL 0~/01/2012, COVERING THE ENTIRE O~UGATION OF THiS POLICYH(~D~R FOR WORKERS' C~ENSATION UNDER THE NEW YORK WORKERS' COltA~N~ATiON LAW WITH R~i~CT TO IF SAID POUCY IS CANOALLED, OR CHANGED PRIOR TO 08/01/~012 iN 81JCH ~ER AS TO AFFECT THiS C~-_RTIFICATE, 10 DAYS WRITTEN NOTICE O~ SUCH CANCELLATION WILl- BE GIVEN TO TI~E CE~'rlFICA~. HOt/~.R ABOVE. NOTICEBY REGULAR MAiL SO A~ORESSED SHALL BI SUFE:CIENT COMI~.~/C~ WFTH THIS PROV{SION. '~IE NEW YORK STATE. INSURANCE FUND DOES NOT AB~UME A/~' LiP~il.;TY IN THE EVENT OF FAILURE TO G{VE SUCH NOTlC~. THIS CERTIFIC..A~E IS ISSUED AS A MATTER OF tNFOI~IATK~ONLYANDCONFERS NO RIGHI'~ NOR iNSURANCE NEW YORK STATE INSURANCE FUND 7hl8 cedric, ate cen be validated on oar wab s~te at Ilttps://ww .nysl [com/cer t/ce AvaLasp or by calling (888) 875-5790 NFAWL record of operations, statistics, letters of support. ~ee NORTH FORK ANIMAL WELFARE LEAGUE RO. B,~x '29;..'~outhoid. N'~ i 1!)71 G3i.763.1~1 i November 24, 2010 Dear Friends, Happy Holida~is fi'om the North Fork Az.mai WeLfare Leag;ae! As we approach the season o£gratitiude and giving, the League ;s incredibly thankful for all of?u, our dedicated supporters. It is only through yo~lr conrim~ed generosity and work that we were able to accomplish the fbilowing in 2010. Thanks to you and the Tc,w;q of South,)ld, our first mxly warm and wondertlal wi.!ter was spent in the new shelter with each arm every animal cuddled up in ~ blank.t that you donated. Thanks toyou ahnost 200 dogs, cats, ~ttens, and puppies have found loving ne',..' adoptive homes: including Sheba, Petunia, Bella. Sunflower, Stan a~d Fram Pippen, Tinsel, Tee, Susie, Champ, Superstar and the bunnies, all featured on oul 2009 holiday letter. Thanks to you 122 lost companion anim:ds have been returned to ~heir veU, g-ratexStl families. Thanks to you, through .our Feral Feeding Assistance Team program (FFAT CAT) and our tireless colouy caretakers, the Leag~m subsidizes the feeding of over 300 fera~ cats e'~'ery day. The League also Nsures that these colonies remai, stable by spaying and neutering any newcomers. Thanks to you the League's Food Pantry provided pet food for ove~ one hundred f,.~milies that may otherwise have had to suzrender their ~bur legged loved ones. The League works closely with Community Action Sourhold 'l'bwn (CAST) and the Loaves and Fishes prqiect ~br distribution. Thanks toyou over 320 dogs and cats have been spayed or neutered, resulting in thousands of fewer homeless animals. This year the NFAV~ established a new program d~at alters pitbulIs for free. Timnks to you and our wonderful local veterinariax~s, the League was able to provide over 160 animals with necessary medical care that would otherwise not bare been possible. Their generosity is greatly appreciated. Thanks loyou the North Fork Anlm~.l Welikre League was voted Platinum "Best of the Best" Animal Adoption Agency by the readers of Dan's Papers. Thanks to you the League, for the 20th year in a row, received a 100% satisfactor3 annaal inspection by New '~k~rk State Agriculture and Markets. Without you noue of this cottld have been accomplished. Your gift this holiday season will enable the League to continue to provide the highest quality, care, comfort, shelter, and love to the homeless and needy animals in our communiD,. Please remember our best friends and companions that othert, have ~brgotten. We hope that your heart and home will be filled with peace, hope, joy, health and happiness now and throughot~t the New Year. Oillian Wood P~lltz, E×ecutJve Directgr/NFAWI.., I'll lighl ., In ~r light ul NORTH FORK ANIMAL WELFARE LEAGUE P,O Box 297, Southold, NY 11971 631,765.1811 November 27, 2009 {)ear Friends, Season's Greeti,~gs and best wishes for the New Year from the North Fork ,animal Walt:are League. As the holidays approach please remember our best friends and companions that others have forgotten. Here's what your donations to the League have flready accomplished this year. Thanks to you and the Town of Southold, the animals in the care of the League have a warm and wonderful new animal shelter. We are now located 100 yards north of our old facility. Please come and visit! Thanks toyou over 150 dogs, cats, kittens and puppies have found loving new adoptive homes. Thanks to you 110 lost cotnpanion animals have been returned to their very grateful families. Thanks to you the League provided over 40,000 pounds of cat ibod to the dedicated people of the community caring for homeless cats. Thanks to you the League provided over 7000 pounds of pet fi,od to CommuniLy Action Southold Town, for distribution as needed. Thanks to you over 300 dogs and cats have been spayed or neutered, resulting in thousands of fewer homeless animals. Thanks toyou and our wonderful local veterinarians, the League was able to provide over 150 animals with necessary medical care that would otherwise not have been possible. Without you none of this could have been accomplished. Your gift this holiday season will enable the League to continue to provide the highest quality care, comfort, shelter and love to the homeless and needy animals in our community. Thank you so much for your generous support. We hope that your heart and home will be filled with peace, hope, .joy, health and happiness now and throughout the New Year. GiL!ian Wood Pultz, Executive Director/NFAWL P.S. Look fer our upcoming 2OlO Winter Newsletter for more shelter newd NOR~I ~NC. N~vember 28, 2008 Dear fi'lends, During ~e:difFmult'tinancial:titm?.,?...,n0t only:'dt~:htmmn beings suffer; bUtso do our animal 'companions,:s~gy we.have seen-the Shelter i0t~gs increase stgnificanfly, as people are unable~td':afford'to care for.*,heir i~niiitals;.;-Diam~d; a six month old l~nppy wag. hit by.a car regulting in ~:il~.',.roken leg;'.Her ~t~ w~;..urg,, able to afford tzeamaent and abandoned hei'at.a.:ib~al::.~erinarian. :ltlm ~I~,Fork:~im~l Welfare League a~¢epted responsibility for, he ! l tg;thereb)' sa'ri g::g r lifi~. She is currently a healthy~ :haPPy puppy at the shel~br,' lixi~TfOt her fore~i~ ttOflie:, tn October:the..Leagala received a e~ll:ttom a distressed landlord. Herltenant had fallen behind in her re, maud could no longer afford to live in Southold. Ihe tenant was forced to move and abandoni~d her three beautiful cats; Our animal control officers went to the residence and !~ro~gtjt"Charlotte, ButtOns and Benjamin to the shelter. Having spent their lives together.ina quiet'home ~hey ai~.iatr~Sed by the busy shelter environment. This stress has caus~ physical .illness, requ~ng the League tO incur medical expenses m insure their good health. If you have room in your heart and home for these three lovely felines, please cOnSider adhlRing them.togetlie[ These.animah'ar~ jOse.a: fraction of the many that have entered the shelter during this time of financial, diffieidty: So far:in 2008,: i!~ League with your support has found: tbrever homes for 198 animals. We ha'~e s~,q>plied the community with40, O00 pounds of food, enabling pet owne~s.:to:keep their beloved,companions. We have helped to control pet overpopulation in.our e, hmmunitEby spaying or neutering 387 dogs .and cats. With the help of our generoUa:locai;:~iemrinar/ans we hay, provided subsidized medical care for 68 households that were ~t iiak of losing the~.companion animals. Thank you,. thar~ you; thank you. Without ye .mS.Sgpport none of this would be possible. The North Fork Animal Welfare League needs your help now more than ever. It is only through your support that we are able to provide the services and assistance that keep the companion ar~imal$ i~ our community healthy, safe and at home. It is only through your suppor~ that we can continue to Provide shelter, love and care for the unfortunate animals that lose their homes. We appeal to y°Ur loyally and generosity, and hope thai you will once again open your hearts and help. uS to help those that cannot help themselves. We hope that you have a.wa~m; wonderful hoti4ay season and a Happy New Year. Sincerely, Gillian Wood Pultz Executive Director, N FAW L "HELP US TO HELP THOSE WHO CANNOT HELP THEMSELVES" Southold Animal Shelter Operated by: The North Fork Animal Welfare League, Inc. P. O. Box 297 Southold NY 11971 (631)765-1811 2010 Statistics Canine Seizures 183 Redemptions 67 RTO w/LLW* 58 Adoptions 101 Deceased 03 Euthanized 10 Feline Admissions 121 Adoptions 102 Deceased 00 Euthanized 02 Redeemed 00 *Returned to owner with Leash Law Warning Prepared by Gillian Wood Pultz, Executive Director Southold Animal Shelter Operated by: The North Fork Animal Welfare League, Inc. P. O. Box 297 Southold NY 11971 (631)765-1811 2009 Statistics Canine Seizures 186 Redemptions 63 RTO w/LLW* 69 Adoptions 111 Deceased 01 Euthanized 08 Feline Admissions 96 Adoptions 69 Deceased 03 Euthanized 03 Redeemed 02 *Returned to owner with Leash Law Warning Prepared by Gillian Wood Pultz, Executive Director Southold Animal Shelter Operated by: The North Fork Animal Welfare League, Inc. P. O. Box 297 Southold NY 11971 (631)765-1811 2008 Statistics Canine Seizures 195 Redemptions 53 RTO w/LLW* 69 Adoptions 121 Deceased 00 Euthanized 07 Feline Admissions 73 Adoptions 77 Deceased 03 Euthanized 06 Redeemed 01 *Retumed to owner with Leash Law Warning Prepared by Gillian Wood Pultz, Executive Director Southold Animal Shelter Operated by: The North Fork Animal Welfare League, Inc. P. O. Box 297 Southold NY 11971 (631)765-1811 2007 Statistics Canine Seizures 202 Redemptions 69 Adoptions 124 Deceased 01 Euthanized 03 Feline Admissions 137 Adoptions 107 Deceased 03 Euthanized 01 Redeemed 00 Prepared by Gillian Wood Pultz, Executive Director SCOTT A. RUSSELl, SUPERVISOR Town HaLl, 53095 Route 25 P.O. Box 1].79 Southold, New York 1 t971-0959 Fax ~6311 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD September 4.2007 To whom it may concern: Please be advised that the North Fork Animal Welfare League has contracted with the Town of Southold to operate our Animal Shelter since 1980. Throughout the years, the NFAWL has provided excellent services to our community in a professional and compassionate manner. The town is very fortunate to have the NFAWL, its staff and many volunteers, manage the town's dog and cat population. ~ell Supervisor SAR:Iat John E. Andresen, DVM Chades A.Timpone, DVM MATT[TUCK LAUREL VETEI NARY HOSPITAL Nora Kleps, DVM Nicole Mercurio, MRCVS Beth Dunbar, DVM September 4, 2007 To Whom It May Concern: Having practiced as a veterinarian on the North Fork of Long Island for more then two decades I am very familiar with the work of the North'~lall~e ~>--V.- Animal Welfare League. This organization has shown great dedication, compassion and commitment in its service to our community. The NFAWL has always maintained the highest standards of medical treatment and maintenance for the homeless and needy animals that come into its care. I take pride in working with them on an almost daily basis to help alleviate the suffering of animals in our community and look forward to our continued collaborative success. Sincerely, Dr. Charles Timpone 940 Franklinville Road fax: 631-298-8328 Laurel, NY 11948 631-298-1177 MLVH@optonline.net Mayor's Alliance for NYC's Animals 244 Fifth Ave. Suite R290 New York, NY 10001 T. 212.252.2350 · R212,591.6383 www.animalalliancenyc.org info@animalalliancenyc.org Adopt a Little New Yorker Today! August30,2007 To whom it may concern: As the Director of Programs for the Mayor's Alliance for NYC's Animals, it has been my personal privilege and that of our organization to work with the North Fork Animal Welfare League and ifs Executive Director, Gillian Wood Pultz. Her dedication, professionalism, and work ethic serve to improve the lives of needy animals in our community. The North Fork Animal Welfare League is one of the most progressive and compassionate organizations in the Mayor's Alliance. We hope to continue our great working relationship with their incredible team of dedicated professionals. Sincerely, Director of Programs 917-579-1955 SEP-04-E~O? 08:35 From:VILLAGE OF GREENPORT 631 477 1877 To:97658803 p.l/1 Officers 31 August 2007 TO whom it may concern: ! am writing in support of our local anirt As a resident, and also as a local electet .with the North Fork Animal welfare Lea capacities. I have been involved In fund raisers, ev hound, Amos); and have also worked a' ! have found the staff and Director - Gil kind, caring, cour~e0us and quite helpf~ The NFAWL is truly an asset to Our COlT In bOth wOrdS and actions, the organiz~ those involved with the NFAWL always themselves. MOSt sincerely, /~ ~/~ Mayor David Nyce )1 welfare league. I official, T have had occasion to deal lue in both personal and professional .~nts, and adoptions (of my own fox the shelter, an Wood-Pultz - to be professional, lunity. ;ion iS an inspirational model, as ,lace others in need before Town of Brookhaven Long Island Brian X. Foley, Supervisor August 3 I, 2007 Northfbrk Anima[ Welfare League P,O, Box 297 Southold, NY 11971 Attention: Executive Director, Gillian Wood Pultz Dear Gillian, Since I began working at tile Brookhaven Animal Shelter over five years ago your organization has always been there tbr us. You have always strived to assist us in our quest to find homes {'or needy animals. It has been my pleasure to work with you personally and the League in general. You are truly a dedicated and compassionate professional. I look fbrV~.ard to continuing our great working relationship with you and your terrific tea~. CM/kk t~truly your.~.~ /J. ' ~4 Cbarlie McGinley ,~ Director Department o[ Publk Safety Animal Shelter 300 Horseblock Road * Brookhaven * NY 11719 · Phone (63 I) ~8(",-49,t0 ,, Fax (fig I) www. brookhaven.org NORTH FORK ANIMAL HOSPITAL ANIMAL HOSPITAL ASSOCIATION 58605 ROUTE 25 SOUTHOLD, N.Y. 1~1971 TELEPHONE 631 - 765-2400 FAX 631 765 2664 53 NORTH FERRY R0AD SHELTER ISLAND, N.Y 11964 TELEPHONE 631 - 749-2506 FAX 631 - 749-2687 September 1, 2007 T6 Whom It May Concern, As a veterinarian at the North Fork Animal Hospital, I have been involved with the North Fork Animal Welfare League for approximately 12 years. The shelter is a very valuable asset to the Town of Southold. The dedicated staff provides compassionate care to the town's homeless pets. The entire staff at the North Fork Animal Hospital supports the great work done by the North Fork Animal Welfare League. Robert P. Pisciotta, D.V.M ROBERT R PISCIOTTA, DV.M. NANCY M MULLADY, DVM JENNIFER L CABR/~L, DV.M DANIEL C D'AMATO. O VM NFAWL records of inspections 1989 - 2010 OL-8g NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DRIVE; ALBANY, NY 12235 DOG CONTROL OFFICER INSPECTION REPORT - DL-89 Rating: Satisfactory365 Purpose: Inspection Page 1 of 1 DATE/TOA: 10121110 12:30 pm GILLIAN WOOD 269 PECONIC LANE PECONIC NY 11971 Inspector: Lisa Weisse Inspector #: 59 These are the findings of an inspection of your facility on the date(s) indicated above: A. Seizures 1. DCO services are available 2. Equipment is available for proper capture and holding 3. Dogs are held and transported safely 4. Housing, equipment and containers are sanitized regularly 5. Veterinary care is provided when necessary 6. Dogs are euthanized humanely B. Records 1. DL-18 Seizure Report Is complete, dog disposition is recorded 2. Holding period Is observed before adoption or euthanasia 3. All dogs are licensed before release 4. Impound fee paid before dog is released 5. Penalty actions are initiated for violation of Article 7 and local laws 6. Dangerous dog procedures are follOWed Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Town - City - Village Information for Inspection: TCV CODE TCVNAME 4710 Town of Southold Additional Information for Inspection: Number of Dogs Seized: Number of dogs seized since previous inspection: UNKNOWN :EMARKS: EPRESENTATIVE PRESENT FOR INSPECTION: GILLIAN WOOD REVIEWED BY: Eloise Herrman ITLE: DIRECTOR REVIEWED DATE: 10122/2010 DL-90 NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS DIVISION OF ANIMAL INDUSTRY 10B AIRLINE DRIVE, ALBANy, NY 12235 MUNICIPAL SHELTER INSPECTION REPORT - DL-90 Rating: Satisfactory365 Purpose: Inspactlon Page 1 of I DATE/TOA: 10121110 12:30 pm NORTHFORK ANIMAL SHELTER 269 PECONIC LANE PECONIC NY 11971 Inspector: Lisa Weisse Inspector #: 59 These are the findings of an inspection of your facility on the date(s) indicated above: A. Standards of Care 1. Shelter is structurally sound 2. Housing area and equipment is sanitized regularly 3. Repairs are done when necessary 4. Dogs are handled safely 5. Adequate space is available for all dogs 6. Light is sufficient for observation 7. Ventilation is adequate 8. Temperature extremes ara avoided 9. Clean food and water is available and in ample amount 10. Veterinary care is provided when necessary 11. Doge are euthanized humanely, by authorized personnel 12. Outdoor shelter complies with Article 26 B. Records 1. DL-18 Seizure Report is on file for all Impounded doge 2. Holding period is observed before adoption or euthanasia 3. All dogs are licensed before release 4. Impound fee paid before dog is released 5. Written contract or lease with municipality 6. Bond is current, updates sent to Ag & Mkts Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Town - City - Village Information for inspection: TCVCODE TCVNAME 4710 Town of Southold ~EMARKS: EPRESENTATIVE PRESENT FOR INSPECTION: GILLIAN WOOD REVIEWED BY: Eloiee Herrman iTLE: DIRECTOR REVIEWED DATE: 10122/20~10 NYS DEPARTMEN~T OF AGRICULTURE & MARKETS r DI¥1SION OF ANII~L IN DUSTRY I REVIEWED BY; 10B AIRLINE DRIVE, ALBANY, NY 12235 I 518-457.350E DOG CONTROL O~q~ICER INSPECTION REPORT [] INSPECTION DATE ' ,:~ ; ;., _ [] RE INSPECTION TIME ' ~ SATISFACTORY [] UNSATISFACTORY ; l_J INFO CHANGE NEXT INSPECTION DUE ~ ~ TCV CODES A. SEIZURES I. DCO SERVICES 2, EQUIPMENT 3. TRANSPORT VEHICLE 4. SANITATION 5. VETERINARY CARE 6. EUTHANASIA 7. NUMBER OF DOGS SEIZED .... _~,S ,~_ B. RECORDS U ! 1. DL-18 COMPLETE t~' j ? 2. HOLDING PERIOD 3. LICENSE BEFORE RELEASE 4. IMPOUND FEE PAID 5. PENALTYACTIONS 6. DANGEROUS DOG PROCEDURES C. OTHER COMMENTS FIRST COPY - DCO DATE , ~ I~'~,. ' DATE DL-90 (9/07) NYS DEPARTMENT OF AGRICULTURE & MARKETS DIVISION OF ANIMAL INDUSTRY lOB AIRLINE DRIVE, ALBANY. NY 12235 518-457-3502 REVIEWED BY; ,r ~'~'NSPECTION [] RE INSPECTION L_JINFO CHANGE MUNICIPAL SHELTER INSPECTION REPORT DATE TIME ~--1SATISFACTORY [~]UNSATISFACTORY NEXT INSPECTION DIJE IMA~LADDRESS :; /:'~, ~, NY LATITUDE; N+4 B. RECORDS DL-18 ON FILE HOLDING PERIOD LICENSE BEFORE RELEASE IMPOUND FEE PAID A. STANDARDS OFCARE ~'~.STRUCTURE SOUNDNESS 2. SANITATION 3. FACILITY MAINTENANCE 4. ANIMAL SAFETY 5. SPACE 6. LIGHT 7. VENTILATION §. TEMPERATURE 9. FOOD/WATER 10. VETERINARY CARE 11.EUTHANASIA ,12. OUTDOOR ENCLOSURES CONTRACT/LEASE BOND UP TO DATE OTHER COMMENTS INSPECTOR NAME/TITLE/ID REPORT RECEIVED BY/TITL~ DAlE DL-89 (9,'07) NYS DEPARTMENT OF AGRICULTURE & MARKETS DIVISION OF ANIMAL INDUSTRY I'0B AIRLINE DRIVE, ALBANY, NY 12235 518-4S7-3502 REVIEWED ~INSPECTION [] RE INSPECTION [] INFO CHANGE .,DOG CONTROL OFFICER INSPECTION REPORT TIME NEXT INSPECTION DUE ~ SATISFACTORY [] UNSATISFACTORY TCV TCV CODES A. SEIZURES 1. DCO SERVICES 2. EQUIPMENT 3. TRANSPORT VEHICLE 4. SANITATION 5, VETERINARY CARE i 6. EUTHANASIA ~ 7. NUMBER OF DOGS SEIZED i C. OTHER COMMENTS INSPECTOR NAME/TITLE/ID REPORT RECEIVED BY/TIT£E= DATE DISTRIBUTION: ORIGINAL - DEPARTMENT FIRST COPY - DCO SECOND COPY ~ INSPECTOR NYS DEPARTMENT OF AGRICULTURE & MARKETS DIVISION OF ANIMA~L. INDUSTRY '/OB AIRLINE DRIVE, ALBANY, NY 12235 518-457-3502 REVIEWED BY: ~/INSPECTION [] RE INSPECTION []INFO CHANGE ,,MUNICIPAL SHELTER INSPECTION REPORT DATE ( ' ' f ~ / ~**' C> TIME '~ SATISFACTORY [] UNSATISFACTORY NEXT INSPECTION DUE SHELTER NAME SHELTER MANAGER/OWNER PREMISES ADDRESS (911 ). MAILADDRESS ,'~ -; i ' .~.~(' ~' PHONE(S) i · IEMAIL ADDRESS ICOUNT~ TCV TCV CODES LONGITUDE: W-07 LATITUDE: N+4 ~.S'AN~.OSO. CA.~;~~! -~-~-i' --; ~,~O~.~~,C~.S~ .O~,.~ O~-~O..~O.~ ..,O0 ~ ~'"~ "..~O.OS ~^,0 CONTRACT/LEASE 1.STRUCTURE SOUNDNESS 2. SANITATION j3. FACILITY MAINTENANCE 4. ANIMAL SAFETY 5. SPACE [ 6. LIGHT 7. VENTILATION ~. FOOD/WATER 1~. ~ 6ARE ~'11.EUTHANASIA ~'~.OUTDOOR ENCLOSURES INSPECTORNAME/TiTLE/iD# ,~i' ' ; [_~,L -.v,i~ ) .. DATE REPORT RECEIVED BY/TITLE ;x' DATE DL-~90~ev. ! TY]['E OF INSPECTION ~ /I INSPECTION ~' Shelter-Only REINSPECzlON DCO/SheI~- Comb. TIME AM ~"l~{ A L RATING [ ./~'[ Sa~factoty I Un~isfactor7 OCR Ncw DCO New Shelter New Address New Pho~ Number DCO OR SHELTER COMPLIANCE Ntw Y~'k ~ ~t A~ruante nna lV~rke~ New Ye~k 1~235 DCO*SIIELTER COMPLIANCE REPORT Inspection Covers County Tow~., City o~ Cmmty Town, City o~ Code Vil~s~e Code Cade VLHa~e Code INDOOR Tem~lum Ventilation Lighting In.flor Surface Drainage Waste Dispo.~l (Rev. 4/92) .~AL RATING { ./I I ] Un~srac~o~, Reinspect ~ 30 OCR New DCO New Shelter New Address New Phone Number COMPLIANCE IdenfiL of Animals Hold~g Period Redemption Requiremenlz lmp°undmeal Fees Ado~ion Requiremea~ Humane Eu~anasia Repor~ ~d Record~ Pick'Up Penalt~ Actions Dangerous Dog Proced~es Olhet HEALTH & HUSBANDRY Feeding Watering ,,, a~ ,.e~ c~ R~I C~] C~' ~ S~ Ve~ C~ H~ing ~ or Sick ~a GENERAL S U Sm~cmral Sm:ng~h S~ora~ of Food Waste Disposal 4 DCO-SHELTER COMPLIANCE REPORT Inspection Covers Cottony Town, C.~ o~ Co~m~, Tow~. City ot I TRANSPORTATION Vehicles Enclosmes Care In Transit INDOOR S U Temperature ~/ Ventilation ,/ Lighting v/ Interior Surface ,/ Drainage / OUTDOOR Shelter from Sun Rain or Snow Wind Chill Drainage Waste Disposal I,/I I I'/I I iUI I I Thh'd Copy - Inspector DL-g9 (Rev. 4/92) Ntna, Yu~k .~ate Deparar~n( ~t .~l~:u~m~ and Markets TYPE OF INSPECTION ~ '"INSPECTION Shcltzx Only REINSPECTION " ~~00~ly DAT~ DCO/Shelter Comb. TIlvfl~ ~ FINAL RATXNG Location OCR New DCO New Shelter/ New Addt~,~ COMPLIANCE Identif. of Animn.~ Holding Period Redemption Re~uiremen~ Impoundment Fee~ Adoption Requirements Humane Euthanasi0 R~pom ~d Record~ Pick-Up Permit), Actions Dangerous Dog Procedures Olher Phone No DCO OR SHELTER COMPLIANCE HEALTH & HUSBANDRY Watering Sanitatio~ Cleaning Housekeeping Pest Conrail Rodent Conuol Classif-, and Separation Veterinary Care Care of Sick and ln.iured Vehicles ,Enclosures Care In Transit INDOOR Temperatare Ventilation Lighting In,flor Surface Drainage OUTDOOR S U Shelter from Sun ,...-' Rain or SIIow t...---, Wind Chill Drainage Waste Disposal ~.~ DL-89 (Rev. 4/V2) New ye~k $tMe ~ · TYPE OF INSPECTION ~IN~RCTION FI2VAL RATING *s,~v, m,, Y,,s ,_'-_- Shelter Only [~LIiINSPECTION Sadsfactcry oco-saEt.m'tn COMiU.t,i~CE DCO C~ffy DATE /,~ ILl I f")L Inspect Annually Inspection Covers Unsagsfactery Cee, ney Town. Oty  i~hel~er Comb. TIME - ~ ' ~ , eM Reinspect in 30 Days Code val*~e,"_.?~- Ced~ ViU~e Cai Sh~n:~ ~"~ ---.. "t "1 DCO OR SHELTER COMPLIANCE OCR iIEALTH & iIUSBANDRY S U ~SPORTATION S U New DCO ..,' / Feeding L.,/ Vehicle~': New Shelter J Wate~ng ~ Enclosu~s New Address J Sanilau°e_. ~ Care In Transit OCR New DCO .~ New Shelter J New Address J New Phone Nlla~r HEAt. TH & HUSBANDRY Watr~n~ Cleanin~ Pest Conmo! Rodent Control Handling Ca~ of Sick and Iniunxl INDOOR S U Temperature 1 ~ Lighting / ln,..rior Surfac~ ~ COMPLIANCE Identif. of Animals Redemplion Requirements Impoundment Feea Adoption RequiremenLS ~lumene Euthanasia Pick-Up penalty ~ons GENERAL Structural Strength Stora~ of F~ Wasle Disposal OUTDOOR S U Shel~r from Sun Rain o~ Snow Wind Chill , Wa.s~ Disposal ~.~ Irma,-) DCO OR SHELTER COMPLIANCE OCR New DCO New Shelter New Address New Phone Numhe~ COMPLIANCE Identif. of Animals Holding Period Re~, ption Requirements Impoundment Fees Adoption Requirements Humane EuthanaSia Repom and Records Pick'Up Penalt~t Actions Dangerous Dog Procedures HEALTH & HUSBANDRY S .U Feod/ng W~termg Snnimion / Cleamng Hoaseke~ping Pes~ Comro! ./ Rodent Conn-ol Cla~if. md SepamUon Veterinnry Care GENERAL Suuctural S~n~th Stora~ of Food , waste Di~ il4"l J Io Vehicl~ Enclosures Care In Transit [ ~--.~ ] INDOOR S U Tcm~amre .,~ Ventilation ,/' Lighting ~ Interior Surface ~ Drainage ~ Shel,,'r from Sun Rain or Snow Wind Chill Drainage Waste Disposal Thh'd Copy - Inspector ;~ (R~v. 4/92) ~w~ o~ ~s~'~cr'o~] I-~ FLNAL RATING ~=~ Albany, lgew Yoek LIZ35 · nC~ ~ ~o.SHELTER cOMPL~NCE~E~RT I t ~n~ly ] InspeCtion Covers ~ ' ' ot ~ To~,CitY oc. New DCO New Sillier ~-Ncw Address [ New Phone Number (f~ ' ') '~' Im~tF~ , [ ~1 J Hump~ EUCha~ia I ~ { } GENERAL Slructural S ~'¢ngth StoraSe of Food INDOOR Temperature Ventilation Lighting Interior Surface Drainage ,-.il OUTDOOR Shelter from Sun Rain or Snow Wind Chill Drainage Inspector's Signature Inspecl~r'sCommen~:-~ ~0,"~¢"- ~ DISTRIBUTION: Firsl Copy - Offic~ S~ond Copy - DCO/Sh¢lte~ 'Frmd Copy- Inspec~r DL-89 (Rev. 4/92) TYPE OF INSPECTION .,, ~I~[SPECTION Shchct Only REINSPECTION ~co o.~ ~^~ ,~' ~/~ ~ DCO/Sheher Comb. TIME PM jFINAL RATING J... Sat~tact~rv l"'-J J Unsalisfnctory J Reinspect in 30 Days OCR New DCO New Shelter New Adcl,'~ss New Phone Number COMPLIANCE IdentiL of Animals Holding Period Redemption R~uin~men~s Impoundment Fee~ Adoption Requirements Humane Embank}ia Reports and Records .. Pick'Up Penalty Actions Dangerous Dol~ Procedures O~her HEALTH & HUSBANDRY Feeding Wa~er/ng Sanitation Cleaning Housekeeping Pest Control Rodent Conuol Classif. and Separation Vem'ionr,/Care Handling Ca~ of Sick and ln. ju.~l GENERAL S U S~uctural Strength Storage of Food Waste Disposal I)CO-SHELTER COMPLIANCE REPORT Inspection Covers Ceumy Town. City or County Town, City or I .,/71/o I Vehicles Enclosures Care In Transit INDOOR Temperature Ventilation Lighting Interior Stn'face Drainage Shelter from Sun Rain or Snow Wind Chill Drainage Waste Disposal .,... -:/::' DISTR~UTION: lrir~t Copy - Offi~ Second Copy - DCO/Shelte. Th.b'd Copy. Inspector- DL-~ (P.~'. 4/~) TYPE OF INSP£CTION INSPECTION ~h¢ller Only REINSPECTION ~ ~O~hclmr Comb. ~ ~ Shel~'/DCO N~'ne FINAL RATING ./] saasracmry [ Unsafisfacury ~ Reinspea ~ 30 Days OCR New DCO New Shelter Ncw Addm. ss New Phone Number COMPLIANCE Idenfif. of Animals Holding Period RedempUon Requirements Impoundmem ~ Adoption Requirements Humane Eulhanasia Repons and Records r~ck-Up Penalty' Acdons Dangerous Dog Proc~v,s Other Inspecu~'s $; Inspeclor's Comment~: GENERAL $ U Structural Strength '-'" Stora~;e of Food I ,/ Wasm Dislx~l No. New Y~'k ,Slam I)epnrlmenl M' A~rlculmre &nd Markets Dlvidee et AnJmM lndm~ry Albmy, N~w York l. J2~$ DCO-SHELTER COMPLIANCE REPORT Inspectioa Covers Co~mty Town, C. ivj or Co~y Town, City or Code Vilhge Code Cade Village Code Vehicles Enclosur~ Cam In Transit J ] INDOOR S U Temperature Lighdng Im~rior Surface Shelter from Sun Rain or Snow Wind Chill Drainage ,' J , ,, Waste Disposal jReport R~civ~l By (Signam~,) %. ~ DISTRIBUTION: First Copy. Offic~ Title Second Copy - DCO/Shelte~ Third Copy New Y~*k State DL-89 (R~v. 3/89) Depm-lme~ ~' A~rkunure ~ ~rk~ TYPE OF INSPECTION ~. ~rq'SPECTION FINAL RATING Aga~y, New york 12235 Shelter Only REINSPECTION .~,~aaisfactory )CO-SHELTER COMPLIANCE REPOWI -- L~ '~ Inspect Annually Inspection Covers DCO Only DATE t .... Unsatisfactory Coamy To,nn, City or Coanty Town, Cir~ c '" I --4 -"~,/, Reinspect in 30 Days Code val~eCode Cod~ X/' DCO/ShelterComb. ' ~., ,'/ t Shel~r0:)C0 Narr~ Maillag Addt~s-Sl~r/DCO LocaOon Coumy DCO OR SHELTER COMPLLANCE OCR ! ! HEALTH & HUSBANDRY S ! V TRANSPORTATION S New DCO ~../; Feeding ~ ''!" Vehicles ..... New Shelter Watering t~ . Enclosures ,.-~ - Sanitation ~/ New Address r Care In Transit New Shelter New Address New Phone Number ~tEALTH & HUSBANDRY S U Feedmg Watering t~ Sanitation ~/ . Cleaning ~-' '~ Hou~keeping L-' Pest Control ,-" I Rodent Control ~ Classff. and Separation k. .-' Veterinary Care - Handling t Care of Sick and Injured ~-~. '~ '~ INDOOR S U Temperature ~" Ventilation '-.' .... Lighting ~ ' Interior Surface ~ -'" Drainage COMPLIANCE S U Idenlif. of Animals Holding Period Redemption Requirements Impoundment Fees ~.- " Adoption Requirements ~ '"' Hamane Euthanasia Repons and Records Pick-Up Penalt7 Actions Dangerous Dog Procedures Other GENERAL Structural Strength Storage of Food Waste Disposal OUTDOOR Shelter from Sun Rain or Snow Wind Chill Drainage Waste Disposal lrtspcctor's Signature : ' Till, ., 2t(jz' --- d//;~,. ./~',. Inspector's Comments: Iff)No. [Report Raceived By (SignaOar~) i ,. ~ ( Ti / . ,." i 'J'- ', 1, _.'..X._.>- , ' ' DiSTREaLrI'ION: Whke- Offic~ Yellow - DCO/Sh¢l~r Pink NFAWL personnel policies Current staff and officers NORTH FORK ANIMAL WELFARE LEAGUE, INC. PERSONNEL PRACTICES AND POLICY STATEMENT Revised February 22 , 2005 Statement and Purpose The purpose of the Personnel Practices in this document is to outline the relationship between the staff and the North Fork Animal Welfare League, hereinafter referred to as the "NFAWL." It has been designed to answer questions and provide information which employees need to know about the policies, working conditions and benefits of the NFAWL. It cannot and does not account for every situation which might arise. The policies outlined in this document are subject to periodic review and revision by the NFAWL. Staff will be notified in writing of any such changes. The NFAWL Executive Director and/or Kennel Manager will be pleased to assist in answering any employee's questions concerning this manual's provisions. Please remember, however, that this manual is intended to be used for guidance purposes only. It does not create, nor should it be construed as, a "contract of employment" between the NFAWL and any of its employees. Management Rights The NFAWL retains the exclusive right to hire, direct and schedule staff, to plan, direct and control operations; to discontinue or reorganize or combine any department or branch of operations with any consequent reduction in the work force; to hire and terminate employees; to promulgate rules and regulations; to introduce new or improved methods or facilities regardless of whether or not the same causes a reduction in the working force; and in all respects to carry out the ordinary and customary functions of management. All NFAWL employees hold their positions as at-will employees. Agency Year The fiscal year of the NFAWL is from January 1 through December 31. The employment year and the time period for computing all types of leave, unless otherwise dictated by the funding period of a specific project, will be determined by individual employees date of hire. Job Classifications Jobs at the NFAWL are classified by: 1. Proportion of time worked * Full Time * Part Time 2.. Categories * Managerial: Executive Director, Kennel Manager, and other managerial employees determined to be designated as such. * Non-Managerial: All employees not mentioned above. Benefits available to each job classification are detailed in the relevant sections of this Terms of Employment At the time of hire, each person will receive a letter which outlines job title, salary and any additional stipulations of employment. This letter will be given in duplicate to the prospective employee; the second copy of the appointment letter is to be signed by the prospective employee and returned to the NFAWL in confirmation of acceptance of the position. Further, each person will receive copies of the appropriate job description and the NFAWL Personnel Manual. Probation Period All new employees are required to serve a probationary period of six (6) months. This probationary period may be extended by the Executive Director for a single additional period of up to one (1) month. In such cases, probationary employees will be informed not less than one (1) week in advance of the intention to extend probation. During the probation period, the NFAWL undertakes responsibility for clarifying the nature of the particular job assignment and providing adequate orientation and ongoing supervision. Each staff member is expected to perform the responsibilities of his/her position in accordance with the written job description. The probationary staffmember's job performance and attitude will be carefully noted. To implement satisfactory adjustment, staff members are encouraged to discuss with their supervisor any questions or problems that they might have concerning their job or what is expected of them. A written evaluation will be prepared upon the completion of an employee's probationary period. The evaluation will be prepared by the Kennel Manager and/or Executive Director, and discussed with the employee, who may comment on it in writing before signing the evaluation For employees retained after satisfactory completion of the probationary period, the probationary period will be reclassified as regular employment for calculation of benefits as outlined herein. Any staff member who is promoted or transferred to another position will serve a probation period in the new position. Wages Employees are paid weekly and will be released from work for a reasonable amount of time each pay day, if such is necessary for them to cash their payroll checks during banking hours. In the event of absence of an employee, the salary check may be mailed to the employee, at his/her request. In the event of an extended vacation, the salary check may be issued to the employee on his/her last day prior to the vacation time. Payroll Deductions for Taxes The NFAWL is required by law to deduct from the employee's salary federal and state income taxes and the employee's share of the social security, medicare as well as NYS disability withholding. New employees are required to sign a "Withholding Certificate" (form W-4) which instructs the NFAWL as to the number of exemptions or allowances to be counted in computing the amounts to be withheld. If the number of exemptions or allowances to which an employee is entitled changes, the Executive Director should be notified immediately. A new form W-4 must be completed and signed to replace the existing one. Hours of Employment The standard work week is thirty-seven and one half(37 ½) hours of exclusive of the meal period. In view of the fact that the NFAWL operates on a seven days a week basis, provisions will be made so that each employee will have two days offduring each seven day period. Preferences of each staff member will be taken into account in development of the work schedule, but the NFAWL retains the right to develop schedules responsive to program needs. Under the Wage and Hour Law, working time must be recorded. The time an employee begins and ends work must be registered on the time card. Also, the time in and out of meal periods must be registered on the time card. One half hour is allowed for meal periods. Meal Period Generally a staff member will have one-half hour daily for meals although this can be amended by each department to meet special needs. The schedule will be arranged by the supervisor and will take into account the employee's personal preference, to the extent possible. For salaried employees, the meal period is paid and considered time worked. Part time employees who work a minimum of five (5) hours per day are entitled to one half (½) hour for lunch without pay. Coffee Breaks All employees working at least four (4) hours are entitled to a paid break of not more than fifteen (15) minutes a day. The time and place of breaks will be subject to the discretion of the immediate supervisor. Overtime Hours worked in excess of forty (40) hours per week are compensated at one and a half (1 ½) time the regular hourly rate. Vacations All part time employees who have been with the NFAWL for one (1) year, will be eligible for vacation on the basis of the following schedule: 0-11 months 1-5 years 6 or more years zero (0) vacation days one (1) week vacation two (2) weeks vacation Vacation pay will be computed by multiplying the average weekly hours worked by the hourly rate. Part time employees will not be eligible for vacation pay if they terminate their employment with the NFAWL. Full time employees will be eligible for vacation on the basis of the following schedule: One (1) week per year after one year of service Two (2) weeks per year after two years of service Three (3) weeks per year after seven years of service Employees on probation do not earn vacation; however, credit for vacation time after probation is retroactive to the date of hire. In each year of service for which employees are eligible for vacation, vacation time accrues as of the first day of that year of service. Any vacation time not used within any year of service will be forfeited on the first day of the next year of service, except with the written permission of the President, and then must be taken in the first 60 days of the subsequent year of service. All leave requests must be submitted in writing at least two (2) weeks in advance of the beginning of the leave period. Every effort will be made to respond to the employee's preference, but any request that interferes with NFAWL's programs will be denied, at the discretion of the Executive Director. In cases of multiple requests, seniority and date of request will be taken into consideration. If an employee receives permission to take vacation beyond the number of days to which he/she is entitled, the unearned portion will be treated as voluntary leave without pay. See p. Upon termination, employees will receive payments for unused vacation days accrued during the fiscal year, provided termination was not for gross misconduct and required notification was provided. Personal Choice Days (Personal/Sick) Each full time employee will be allowed seven (7) personal choice/sick days a year. Personal choice/sick days are not accumulated or carried over from year to year. Personal choice/sick days become available after satisfactory completion of probationary period. When taking a personal choice/sick day, it is the employee's responsibility to notify the NFAWL promptly. The employee must notify his/her supervisor (Executive Director or Kennel Manager) at least one hour before he/she is due to begin work. Answering machine messages are not acceptable. Failure to comply with this procedure will result in loss of pay. If the employee receives any payment for his/her illness under the NYS Disability Benefit Law, for a period of time when he/she has been paid by the NFAWL, such insurance payments will be payable to the NFAWL. Holidays All regular, full time staff members will be given the following holidays with pay. The NFAWL is closed to the public on these days. Part time and temporary employees will be given the same holidays when the holiday coincides with times they are scheduled to work. New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Employees who work on a holiday will be paid for 7 ½ hours at double time. Paid Leave Regular full-time and part-time employees will be entitled to paid leave as follows: Jury Duty: Serving on a jury is an important civic responsibility. Any employee called for jury duty must show the jury summons to his or her supervisor promptly. Any employee assigned jury duty will receive his or her regular rate of pay, but any pay received as compensation for jury duty must be returned to the agency. If, in the opinion of the employee's supervisor, his or her services are essential to the ongoing operation of the agency, he/she will prepare and send a letter to the appropriate person in an effort to have the employee excused. The employee must report for work during the term of jury duty whenever it is possible to do so. Upon completion of jury duty, the employee should obtain an attendance form from the court attendant for presentation to the Executive Director. Military Leave: An employee who is a reservist or National Guardsman and is required to attend active or inactive duty during working time to retain service status will be granted military training leave for such purposes, and will be reimbursed the difference in salary, if any, between miliary pay and NFAWL pay for up to two (2) weeks within a twelve (12) month period. Upon return to work, the employee must show certified proof of military compensation. Bereavement: Employees bereaved by the death of an immediate family member will be granted up to three (3) days off with pay immediately following the date of death. Immediate family includes: parents, spouses, domestic partners, parents of spouses and domestic partners, grandparents, brothers, sisters, children or guardians of the employee. Employees bereaved by the death of immediate family members during their vacation are permitted to restore those days taken to their accrued vacation time. The employee must notify his/her immediate supervisor when the death of a family member occurs in order to obtain approval for bereavement leave. Insurance The following insurance is available to all employees except for the medical insurance, which is available only to regular full time employees. Non-contributory (The NFAWL pays full cost) Worker's Compensation Unemployment Insurance NYS Disability Insurance Medical Contributory (The NFAWL and employee share cost) Social Security Health/Medical Insurance The NFAWL offers health insurance benefits to each regular full time employee. Health benefits will be available to employees after three months of satisfactory employment. Worker's Compensation Any injury or disability incurred while at work or while carrying out assigned duties must be reported immediately to the Kennel Manager or Executive Director. Absence Any employee who is absent on five (5) occasions within a six (6) month period will be subject to disciplinary action. Tardiness Each staff member is expected to be at work regularly and on time. Tardiness and absenteeism are counterproductive to the NFAWL's program goals. Within a three (3) month period; more than 15 minutes late, five(5) times or five(5) minutes late, 15 times will result in disciplinary action or possibly to termination. Telephone Use All employees are urged to restrict personal telephone calls both incoming and outgoing. Should an employee find it absolutely necessary to make a telephone call, he/she should consult with the Executiver Director. All calls should be brief. All telephone calls should be only those of an urgent nature. Compliance with the policy is of the utmost importance. The shelter deals with the animals in distress, the public, NFAWL directors, and the police. Alcohol and Substance Abuse NFAWL employees (a) will not use, consume, purchase, transfer, distribute, sell or possess illegal drags or narcotics, or alcoholic beverages while on NFAWL premises; (b) will not work or report under the influence of drugs, narcotics or alcohol in any manner which may impair their ability to perform assigned job duties. The use of alcoholic beverages by NFAWL employees on the premises is limited to officially sanctioned social functions, such as benefits. Such use, however, does not relieve an employee of the obligation to meet the NFAWL's standards of conduct. Smoking Policy In the interest of providing a safe and healthy environment for employees and NFAWL visitors, and in accordance with NYS regulations, the following smoking rules have been adopted. Smoking is prohibited throughout the NFAWL facilities. Resignation An employee who is resigning shall give proper notice in writing of such resignation to his/her supervisor at least two weeks before the employee's last day of work. An employee who gives notice of resignation, as provided above, will be entitled to receive payment for unused vacation time accrued by the effective date of the resignation. If notice is not given as provided above, an employee will not be entitled to such payment. Dismissals Employees may be subject to dismissal for incompetence, gross misconduct, reorganization or retrenchment, excessive absence or lateness, or insubordination. Except in cases of gross misconduct or insubordination, NFAWL will give the employee at least two weeks' notice of dismissal. Except in cases of gross misconduct or insubordination, employees who are dismissed will be entitled to receive payment for unused vacation time accrued by the effective date of the resignation. The NFAWL may determine that a situation is so serious as to warrant immediate discharge without prior warning. In instances of dismissal for gross misconduct or insubordination, the employee forfeits all fights to a period of nofice of dismissal and to payment for any accrued vacation time. Exit Interview All employees should set up an interview with the Executive Director or Kennel Manager prior to leaving the NFAWL. This interview is conducted for the purposes of clarifying terminal benefits, health insurance continuation and discussion of employment. Sexual Harassment Policy The NFAWL prohibits sexual harassment of its employees in any form. Sexually harassing conduct in the workplace, whether physical or verbal, committed by supervisors or non- supervisory personnel, is against the law and agency policy, and will not be tolerated. Any employee who believes that he/she has been the subject of sexual harassment should report the matter immediately to the Kennel Manager or the Executive Director. If warranted by the circumstances of the complaint, the employee may report it to the President or other Board Member instead of the Kennel Manager or the Executive Director. The NFAWL will make every effort to insure that complaints of sexual harassment are resolved promptly, effectively and in a confidential manner. No employee will suffer any adverse employment action as a result of reporting a claim of alleged sexual harassment. The NFAWL will conduct an investigation of any complaint of sexual harassment. Any supervisor, agent, or other employee who is found after an investigation to have engaged in sexual harassment will be subject to appropriate disciplinary action, up to and including discharge. North Fork Animal Welfare League Project Team Qualification and Experience Board of Directors Therese McGuinness - President, Board member since 1999. Amy Wester- Treasurer, Board member since 2004. Maril Sawastynowicz- Board member since 2006 Nancy Sawastynowicz- Board member since 2001 Deb Lindsey- Board member since 2006. Jean Eckhardt- Board member since 2003 Shelter Staff Gillian Wood Pultz (FT)- Executive Director (1995)- see resume. Gabby Glantzman (FT)- Kennel Manager- ten years of experience with NFAWL. Bethany Clark (FT)- Kennel Attendant, Animal Control Officer- ten years of experience with NFAWL. Karen Stephenson (FT)- Kennel Attendant- five years of experience with NFAWL. Shannon Chute (FT)- Kennel Attendant- two years of experience with NFAWL. Mary Johnson (PT)-ten years of experience with NFAWL. Amber Cogoli- (PT)- one year of experience with NFAWL. Gillian Wood Pultz 110 North Street Greenport, New York 11944 (631) 477-8225 (631) 433-4555 Cell phone Professional Objective To secure an Executive position with an organization committed to companion animal overpopulation reduction using nonlethal methods, such as greater community outreach and participation, spay/neuter, humane education, and adoption, while ensuring the health and safety of the public and animals served. General Qualifications Extensive knowledge and experience in all phases of Animal Care and Control administration, animal shelter operations, and nonprofit management, including: Working effectively and cooperatively with a diverse Board of Directors Municipal contract negotiation Enforcement of New York State Agriculture and Markets Law Article 7 Investigative Agent for the Suffolk County SPCA (Ag. and Mkts. Article 26) Municipal Animal Code Enforcement Shelter operations and staff management Public relations and media contact Program development Print media production Volunteer and rescue group coordination Humane education, classroom and field Financial management, budgeting, and fund-raising Adoption counseling Animal Control Officer, highest test scores on Civil Service test in Suffolk County (1998) Licensed NewYork State Class I Wildlife Rehabilitator, Lic. # WRL03-0728 Executive Director with twelve years experience in shelter operations, animal care and control administration, and nonprofit management. Personal attributes include strong managerial, interpersonal, and operational skills resulting in the lowest euthanasia rate and highest save rate (96%) in the country for a municipal shelter. A talent for analyzing and solving complex problems in a fast paced environment. Career Experience 1996- Present- Executive Director - The North Fork Animal Welfare League, Inc./Southold Animal Shelter The North Fork Animal Welfare League, Inc. (NFAWL) is a 501( c )3 nonprofit organization in contract with the Town of Southold, New York to provide animal care and control as well as sheltering services. Selected accomplishments with the NFAWL/Southold Animal Shelter include: Received 100% satisfactory Agriculture and Market inspections from 1995-present. First municipal shelter in New York State to alter, microchip, and register all animals prior to adoption. Created the first "Meals on Wheels for Pets" program in New York State delivering free pet food to elderly and housebound residents as well as an on- site "Pet Food Pantry" for all needy residents, resulting in a decrease in owner surrenders. Developed a successful and effective Internet presence including posting on Petfinder.com Increased adoptions by 50%, resulting in a 60% decrease in the number of canines held at the shelter. Achieved and maintain the highest save rate (96%) in the cotmtry for a municipal shelter. Established the first professional temperament testing and behavior modification program on Long Island. Worked within a budget with a salary- to- operations ratio of approximately 1:2. (53%). Suffolk Times People of the Year, staff and volunteers of the North Fork Animal Welfare League, 2008 Dan's Papers Best of the Best Animal Shelter. 2010 1995- 1996 - Shelter Manager -The North Fork Animal Welfare League, Inc./Southold Animal Shelter Volunteer Service September 2005- Director of Operations - Humane Society of the United States Emergency Katrina Relief Shelter, Hattiesburg, Mississippi. Direct animal care. Intake and create logging procedures for animals. Set up decontamination procedures for animal housing. Manage Petfinder.com microchip and photograph teams. Supervise barn managers. Troubleshoot for entire complex. 2001-Present- Wildlife Rehabilitator - Wildlife Rescue Center of the Hamptons. Provide emergency first aid and transport for injured and orphaned wildlife. Rehabilitation as needed. 2000-2003- Animal Cruelty and Neglect Investigative Agent - Suffolk County Society for the Prevention of Cruelty to Animals. Investigate and report Agriculture and Markets Article 26 complaints. Provide voice mail operator services for all incoming calls, screen, direct, and resource out. 1999- Present- SAVES, Inc. - (Spay, Alter, Vaccinate, Every, Stray, Inc.) Organize and provide technical assistance to veterinarians for free spay/neuter clinics for feral cats. 2009-Present- VIDAS - ( Veterinarios Intemacionales Dedicados a Animales Sanos, International Veterinarians Dedicated to Animal Health) Bacalar Mexico, 2009, 2010. Manage the Recovery Unit for Spay/Neuter Clinics. 2010- Peanut Pet Rescue, Playa del Carmen, Mexico- Create a volunteer program for fledging animal shelter in Playa del Carmen and Akumal, Qintana Roo, Mexico. Continuing Education and Professional Growth 1998- HSUS New England Federation of Humane Society Conference. Cape Cod, RI. Scholarship Attendance. 1999- No- Kill Conference. Chicago, I1. 2000- New York State Assembly Hearing on Pet Population Control and Animal Shelter Overcrowding. New York, New York. Participant/Speaker 2000- Temperament Testing Training, Rondout Valley Kennels, Accord, New York. 2000- GrantSeeker. Grant research and writing seminar. Trenton, NJ. 2001- No-Kill Conference. Hartford, CT. 2002- TATE's Every Animal Matters (TEAM) Mobile Feline Unit. TEAM Mentor Program. Westbrook, CT. 2002- Conference on Homeless Management and Policy (Champ) Reno, NV. 2005- Best Friends No More Homeless Pets Conference. Portland, OR. 2006- Humane Society of the United States Animal Care Expo. Anaheim, CA. 2006- New England Federation of Humane Society Conference. New Haven, CT. Education 1982-1983- DePaul University, 1 East Jackson, Chicago IL, 60604, Liberal Arts References Available upon request. EL H. AYUNTAMIENTO DE OTHON P. BLANCO A TRAVES DE LA DIRECCION DE SALUD MUNICIPAL Otorga el presente: RECONOCIMIENTO A: C. Gillian Pultz Por su destacada participaci6~r~ en la: CAMPAI~IA DE~ESTERILIZAC]:ON CAN]rNA Y FEI.~NA, en la Alca~;lia de Bacalar, Q. Roo Chetumal, Q. Roo, M~xi¢o. Enero 4° R~j~dor d~ ~i~n d~ Obr~$ ¥ .~r~. ~ub. 825 Cedar Drive Phone (631) 765-2994 Southold, New York 11971 E-mail awester505~aol.com Amy Wester Education 1978 St. John's University Jamaica, New York Professional Diploma in School Administration and Supervision 1972 University of Michigan Master of Science in Education Ann Arbor, Michigan 1971 State University College at Buffalo Bachelor of Science in Education Buffalo, New York Employment 1972 2004 New York City Department of Education Educational Evaluator - Committee of Special Education Member of multi-disciplinary Clinical Evaluation Team for special education students' needs and annual reviews. Participated as representative for Committee of Special Education at Impartial Hearings determining placement of special education students. Demonstrated expertise in interpreting and meeting Federal, State and City educational and compliance mandates. Assistant Principal - Public School 52 Supervisor and Administrator for 15 special education classes and personnel. Special Education Teacher Classroom teacher and Unit/Compliance Coordinator of special education high school students. Responsibilities included student programming and overview of Individualized Educational Program reviews. Volunteer experience 2004 - Present North Fork Animal Welfare League Southold, N.Y. Currently serving on Board of Directors as Treasurer. 1996- 2000 Gods Love We Deliver New York, New York Data entry of volunteer addresses and hours worked. Delivery of holiday meals and gift baskets to homebound AIDS patients and families. Personal Retired from professional career. Married. No children, parent of several pets. NFAWL southold town contracts 2008-2011 fulfilled 2011-2014 proposed ORIGINAL AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND TIlE NORTH FORK ANIMAL WELFARE LEAGUE FOR OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER THIS AGREEMENT made this 1 st day of April, 2008, pursuant to the provisions of Article 7 of the Agficuittlral and Markets Law by and between the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, ha~,ing its principal office at 53095 Main Road, Southold, New York, hereinafier called the "Tow, ri", and the NORTH FORK ANIMAL WELFARE LEAGUE, INC., a Section 501(c)(3 ) not for profit corporation of the State of New York, having its principal office al Peconic, New York, hereinafter called the "League"; WHEREAS, Sections 114 ~md 115 of the Agricultural and Markets Law provide that a Town may contract dog control officer and animal shelter services with an incorporated humane societyor similar incorporated dog protective association; and WHEREAS, the Town desires to contract for dog officer and animal shelter services with the League; and WHEREAS, the League desires to provide such services for the Town in accordance with the terms and conditions set forth in this agrecment; NOW, THEREFORE, in consideration of the covenants and the promises contained herein, the parties mmually agree as lbllows: 1) LEAGUE DUTIES. Within the Town of Southold, which includes the Village of Greenport, the League, through its officers, agents and employees, shall provide the following services: hi- a. Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agricultural and Markets Law and the roles and regulations promulgated thereunder. b. Operate and manage the Town Animal Shelter at Peconic Lane, Peconic. New York, as a shelter and provide care for dogs seized by the League's dog control officer and for lost, strayed or homeless dogs that are received into the Town Animal Shelter. c. Make available for adoption or euthanize seized dogs not redeemed as provided for in Article 7 of the Agricultural and Markets Law'. The League shall continue its policyofencouraging in every instance the adoption of dogs where the dog and the potential adoptive home are both appropriate. d. Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code of the Town of Southold. In the event that an on-duty 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 expenses incurred by said dog. e. Pay for all reasonable and necessary medical expenses incurred with regard to the treatment of dogs at the Town Animal Shelter. f. File and maintain complete records of any seized dog and subsequent disposition of any dog in the manne~ prescribed by Article 7 of the Agricultural and Markets Law and regulations promulgated thereunder by the Commissioner of Agriculture and Markets. g. Remit to the Supervisor of the Town all license, redemption, and adoption fees collected in carrying out the provisions of this contract. h. Employ, at all times during the term hereof, such trained and qualified personnel as are necessary, in the League's .judgment, to properly perform the duties and responsibilities specified herein, including one qualified fifil-time dog control officer and one qualified part-time dog control officer. i. Keep the Shelter open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Notwithstanding the foregoing provisions, the League may establish reasonable hours during which dogs may be viewed, redeemed or adopted. j. 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. k. In the exercise of its discretion, admit strayed or homeless dogs and hold dogs beyond the time required by law, provided, however, that in no event shall the League admit or house at the Shelter, strayed or homeless dogs or hold dogs beyond the time required by law, if the same will result in there being insufficient space or facilities tbr the impoundment of seized dogs. 1. Provide and keep in force during the term hereof; public liability insurance policies insuring the League and naming the Town as an additional insured in the mnount of not less than $1,000,000 per occurrence for bodily injury anWor property damage and a $2,000,000 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk upon the Town Clerk's request. m As an assurance that it will faithfully and fully perform each and every obligation, duty and responsibility provided for herein, the League, prior to the effective date of this contract, shall deposit with the Town Supervisor the sum of $5,000.00. In the event ofany default by the League 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 notice to cure the default. If the League shall fail to cure said default, the Town may cure such default by which means it deems advisable, and pay the cost and expense thereof from said sum deposited with the Town Supervisor. In the event that the League denies such default, such dispute si~all be resolved by arbitration through the American Arbitration Association or such other organization as is agreeable to the parties upon the application of either party hereto. In the event the League faithfully and fully performs each and every obligation on its part to be perlbrmed, then at the expiration of this Agreement, according to its terms, said deposit shall be paid over to the League. n. Pay for the telephone service at the Town Animal Shelter. o. Provide worker's compensation and disability insurance as may be required by law for any person working at the Town Animal Shelter or performing services for the League required to be performed under this Agreement. Certificates of such insurance shall be filed asmually with the Town Clerk upon the Town Clerk's request. p. Keep on file with Town Clerk and deliver upon the execution of this Agreement copies of the League's Certificate of Incorporation and current By-Laws. 2) TOWN DUTIES. The Town, in consideration of the services to be performed by the League as herein provided, covenants and agrees that it will, during the tern~ hereof: a. Remit to the League the amounts set forth below for the indicated year, said amounts to be paid in twelve equal monthly payments on the 15~ day of each month for the preceding month: April 1, 2008 to March 31, 2009 April 1, 2009 to March 31, 2010 April 1, 2010 to March 31, 2011 - $182,498.16; $189,798.09; $197,390.01 ;, Permit the League, and only the League, to occupy and operate the Town Animal Shelter at Peconic, New York, for the purpose of providing dog control officer and animal shelter services for the Town. c. in the event the Town renovates the Town Animal Shelter or constructs a new animal shelter on the site of the existing Town Animal Shelter, the Town shall make provisions at the request of the League during the construction for the continued operation ofthe animal shelter or provide a secondary facility that will meet the requirements of Article 7 of New York State's Agricultural and Markets Law and allow the League to provide the services it is required by this Agreement at no additional cost to the League. The Town shall not/fy the League thirty (30) days prior to the commencement of construction of a new animal shelter. d. The Town shall keep the Town Animal Shelter in good repair including the plumbing, heating and electrical systems Repairs and maintenance to the Town Animal Shelter shall be in the Town's discretion which shall be reasonably exercised. e. The Town shall pay the fuel, electricity, water, and other utility expenses of the Town Animal Shelter. 3. GENERAL COVENANTS. The parties hereto further covenant and agree as follows: a. The League hereby represents that it is legally qualified to perform all the duties on its part to be performed tinder the terms and conditions of this contract. b. Nothing in this contract shall be held to constitute the parties hereto as partners, or authorize either party to 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 any manner whatsoever, and this contract shall not be deemed or construed as a contract of agency. The League shall be deemed throughout the term hereof as an independent contractor and, as such, be liable for its own acts. c. The League shall protect, save and keep the Town harmless and indemni fy the Town from and against any and all claims, losses, cosls, damages, suits, judgments, penalties, expenses and liabilities of any kind or natare whatsoever arising directty or indirectly out of or in connection w~th the performance by thc l.eague of the terms and conditions of this contract. Title to the trailer at the Town Animal Shelter and furniture, furnishings, fixtures. appliances and equipment installed by the League at the Town .Animal Sheller shall remain vested in the League and, at the expiration of this contract or on the prior termination thereof, as hereinafter provided, the Lea~te shall have the right and a reasonable time within which to remove the sante and all other property belonging tn the League provided, however, that such removal can be made without injuD, or damage to the premises or building. 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. In the event that either party defaults in fulfilling any of the ten~s or conditions of this contract, the other party may give mnety (90) days written notice of its inlention to terminate this contract and, thereupon at the expiration of such ninety (90) days, if the condition or conditions which form the basis of the notice co~tinue to exist, this contract shall terminate completely as if that day were the day herein definitely fixed for the expiration of this contract. In the event the defaulting pa.,~y denies such default, such dispute shall be resolved by arbitration through the American ,~M'bitration Association or such other organization as is agr~:eable to the parties In the event of such teunination, the League shall forthwith surrender the Town Animal Shelter occut~ied by it and deliver to the Town any aatd all Towl~ properly in its possession, whereupon the League shall -6~ have no further rights or responsihilities hereunder, except to remove its property as provided herein. The Town and its authorized officers, agents and employees shall have the right to enter upon the Towel Animal Shelter including the buildiugs or structures, at any reasonable time for the purpose of examining san~e, conferring with the officers and/or management of the League, and to make such necessary repairs as the Towp~ may deem necessary. The League shall provide the Town with an audited financial report on an annual basis and financial compilations on a quarterly basis. The League covenants and agrees that. unless this contract is renewed or extended by agreement of the parties, at the expiration of the term of this contact, it will surrender the Town Animal Shelter to the Town in good repair, normal wear and tear excepted. The League shall not assign this contract or subcontract or otherwise engage any other organization to perfom~ the work and services to be performed hereunder without the express 'awitten approval of the In the event Federal, State or County laws, rules or regulations require the League to incur additional expenses to provide the services the League has agreed to provide herein, the Town agrees to negotiate with the League with regard to such additional expenses. -7- TERM. This contract shall be for a term of three (3) years commencing on the 1st day of April, 2008, and terminating the 31st day of March, 2011, unless sooner terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SO~D By: STATE OF NEW YORK ) ) SS.~ COUNTY OF SLrFFOLK ) NORTH FORK ANIMAL WELFARE LEAGUE, INC. B),:_~. THERESE McGUINNESS, President On the/,~ day ofZtT~/~.. ~d_~ in the year 2008 before me personally came SCOTT A. RUSSELL to mc known, who. being by me duly sworn, did depose and say that he resides in the Village of Greenport; that he is the Supervisor of the Town of Southold, State of New York. the municipal corporation described in and which executed the above instrument; and that he signed his nan~e thereto by resolution and authority of the Town Board of the Town of Southold. STATE OF NEW YORK COL~'NTY OF SUFFOLK LINDA J COOPER NOTARY PUBLIC. State of New York NO. 01C04822563, Suffolk Count,y, Term Expires December 31, 20 On the Io day of Dqovt~,7,~ in the year 2008 before me personally came IItERESE McGUINNESS to me known, who, being by me duly sworn, did depose and say that she resides in the Town of Southold; that she is the President of the TIlE NORTH FORK ANIMAL WELFARE LEAGUE, INC., the corporation described in and which executed the above instrument; and that she signed her name thereto by authority of the Board of Directors of said corporation. BARBARA ANN RU~D£R Qualified in Suffot:-, County..,,. Cornmislion £xpl~e~ April 14, ~ 0 AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE NORTH FORK ANIMAL WELFARE LEAGUE OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER THIS AGREEMENT made this day of___l, 2011, pursuant to the provisions of Article 7 of the Agriculture 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, Southold, New York, hereinafter called the "Town", and the North Fork Animal Welfare League, a Section 501(c)(3) not for profit corporation of the State of New York, having its principal office at Peconic, New York, hereinafter called the "Shelter Operator"; WHEREAS, Sections 113 and 1 14 of the Agriculture and Markets Law provide that a Town may contract dog control officer and animal shelter services with an incorporated humane society or similar incorporated dog protective association; and WHEREAS, the Town desires to contract for dog officer and animal shelter services with the Shelter Operator; and WHEREAS, the Shelter Operator desires to provide such services for the Town in accordance with the terms and conditions set forth in this agreement; NOW, THEREFORE, in consideration of the covenants and the promises contained herein, the parties mutually agree as follows: 1) SHELTER OPERATOR DUTIES. Within the Town of Southold, which includes the Village of Greenport, the Shelter Operator, through its officers, agents and employees, shall provide the following services: Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agriculture and Markets Law and the rules and regulations promulgated thereunder, including: 1. Assisting, within the Town of Southold, with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83, Article II of the Town Code. 2. Issue appearance tickets pursuant to Section 150.20 of the New York State Criminal Procedure Law, to serve sununonses, and to serve and execute any other order or process in the execution of Article 7 of the Agriculture and Markets Law and Chapter 83, Article II of the Town Code. 3. Serve process, including appearance tickets, a uniform appearance ticket, and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions Article 7 of the Agriculture and Markets Law and Chapter 83, Article II of the Town Code. 4. File and maintain records relating to dogs handled in the performance of this Contract, as set out in Section 1) f. below, for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available to the Commissioner of the Department of Agriculture and Markets upon request. 2 b. Operate and manage the Town Animal Shelter at Peconic Lane, Peconic, New York, ("Shelter"), as a shelter and provide care for dogs seized by the Shelter Operator's dog control officer and for lost, strayed or homeless dogs that are received into the Town Animal Shelter from within the Town of Southold boundaries. c. Make available for adoption or euthanize any seized dogs not redeemed as provided for in Article 7 of the Agriculture and Markets Law. d. Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code of the Town of Southold. In the event that an on-duty 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 Shelter Operator of the time and place of delivery, and the Shelter Operator shall assume all reasonable and necessary medical expenses incurred by said dog. e. Pay for all reasonable and necessary medical expenses incurred with regard to the treatment of dogs at the Town Animal Shelter. f. Maintain accurate and complete records of all animals it handles in the performance of this Contract in the manner prescribed by Article 7 of the Agriculture and Markets Law and regulations promulgated thereunder by the Commissioner of Agriculture and Markets. The records shall contain the following information: 1. Description of the animal, including its breed, color, size, sex, disposition, where and how the animal was obtained and the animal' s owner. 2. All citizen complaints regarding animals. 3. All dangerous or potentially dangerous animals and dog bite incidents. 4. All citations issued and their disposition. 5. Date, time, location, reason and manner in which the animal was obtained. 6. Length of time the animal was placed in the Animal Shleter facility. 7. Final disposition of animals, including number of animals euthanized or adopted. The above information shall be provided to the Town Clerk on a monthly basis on approved forms and shall be accessible to the Town during normal business hours. Remit to the Town Clerk all license, redemption, and adoption fees collected in carrying out the provisions of this contract. Employ at all times during the term hereof such trained and qualified personnel as are necessary to properly perform the duties and responsibilities specified herein, including one qualified full-time dog control officer and one qualified part-time dog control officer. All personnel shall undergo additional training provided by the Town pursuant to Paragraph 2) e of this Agreement on how to utilize and maintain the equipment within the Shelter. Keep the Shelter open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Not withstanding the foregoing provisions, the Shelter Operator may establish reasonable hours during which dogs may be viewed, redeemed or adopted. j. Gillian Wood Pultz shall exemise overall supervision of the Shelter and for all of its employees. The contact information for Ms. Pultz is . If the Shelter Operator designates an alternative person to supervise the Shelter, the Shelter Operator shall notify the Town Clerk in writing within 72 hours. k. In the exemise of its discretion, admit strayed or homeless dogs and hold dogs beyond the time required by law, provided, however, that in no event shall the Shelter Operator admit or house at the Shelter, strayed or homeless dogs or hold dogs beyond the time required by law, if the same will result in there being insufficient space or facilities for the impoundment of seized dogs. 1. Provide and keep in force during the term hereof, public liability insurance policies insuring the Shelter Operator and its authorized agents or employees and naming the Town as an additional insured in the amount of not less than $1,000,000 per occurrence for bodily injury and/or property damage and a $2,000 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk. m. Prior to the execution of this Agreement, the Shelter Operator shall deposit with the Town Clerk the sum of $5,000.00. The purpose of this deposit is to secure the faithful performance of the Agreement and any damage to the Town Animal Shelter or equipment owned by the Town within the Shelter, as provided for in Section 3.i below. In the event of any default by the Shelter Operator in any of the terms and conditions of this contract, the Town shall give written notice 5 thereof to the Shelter Operator whereupon the Shelter Operator shall have ten (10) days from the receipt of such notice to cure the default. If the Shelter Operator shall fail to cure said default, the Town may cure such default by whatever means it deems advisable, and pay the cost and expense thereof from said sum deposited with the Town Supervisor. In the event that the Shelter Operator denies such default, such dispute shall be resolved by arbitration through the American Arbitration Association or such other organization as is agreeable to the parties upon the application of either party hereto. In the event the Shelter Operator faithfully and fully performs each and every obligation on its part to be performed, then at the expiration of this Agreement, according to its terms, said deposit shall be paid over to the Shelter Operator. Pay for the telephone service at the Town Animal Shelter. Provide worker's compensation and disability insurance as may be required by law for any person working at the Town Animal Shelter or performing services for the Shelter Operator required to be performed under this Agreement. Certificates of such insurance shall be filed annually with the Town Clerk. Keep on file with Town Clerk and deliver upon the execution of this Agreement copies of the Shelter Operator's Certificate of Incorporation and any amendments thereto and current By-Laws. 2) TERM AND TOWN DUTIES. The term of this Contract shall be for a period of three (3) years commencing on April 1,2011. The Town, in consideration of the services to be performed by the Shelter Operator as herein provided, covenants and agrees that it will, during the term hereof.' 6 a. Remit to the Shelter Operator the amounts set forth below for the indicated year, said amounts to be paid in twelve equal monthly payments on the 15th day of each month for the preceding month: April 1,2011 to March 31,2012 -$205,000.00; April 1,2012 to March 31,2013 - $ 213,000.00; April 1,2013 to March 31,2014 - $ 222,000.00 b. Permit the Shelter Operator to occupy and operate the Shelter for the purpose of providing the services hereunder. c. The Town will provide certain fixtures, furnishings and equipment (FFE) for the provision of animal shelter services. These items shall remain the property of the Town and shall be maintained in accordance with reasonable use, and the Shelter Operator may not remove any FFE from the premises or replace any FFE without prior approval of the Town. The Town shall keep the Town Animal Shelter in good repair including the plumbing, heating and electrical systems. Repairs and maintenance to the Town Animal Shelter shall be in the Town's discretion which shall be reasonably exercised. d. The Town shall pay the fuel, electricity, water and other utility expenses of the Town Animal Shelter. e. The Town will provide all personnel with training on how to utilize the equipment within the Shelter. 3. GENERAL COVENANTS. The parties hereto further covenant and agree as follows: 7 a. The Shelter Operator hereby represents that it or its employees or authorized agents are legally qualified to perform all the duties on its part to be performed under the terms and conditions of this contract. b. Nothing in this contract shall be held to constitute the parties hereto as partners, or authorize either party to contract any debt, liability or obligation for or against or Behalf of the other party of the contract. Neither the Town nor the Shelter Operator shall be considered as the agent of the other nor shall either have the right to bind the other in any manner whatsoever, and this contract shall not be deemed or construed as a contract of agency. The Shelter Operator shall be deemed throughout the term hereof as an independent contractor and, as such, be liable for its own acts. c. The Shelter Operator shall protect, save and keep the Town harmless and indemnify the Town from and against any and all claims, losses, costs, damages, suits, judgments, penalties, expenses and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the performance by the Shelter Operator of the terms and conditions of this contract. d. Furniture, furnishings, fixtures, appliances and equipment installed by the Shelter Operator at the Town Animal Shelter shall remain vested in the Shelter Operator and, at the expiration of this contract or on the prior termination thereof, as hereinafter provided, the Shelter Operator shall have thirty (30) days within which to remove the same and all other property belonging to the Shelter Operator provided, however, that such removal ~an be made without injury or damage to the premises or building. The Shelter Operator shall notify the Town prior to the 8 installation of any fixtures, appliances or equipment. The Town reserves the right to prohibit the installation of any and all fixtures, appliances or equipment which are determined, the Town's sole discretion, to pose a safety risk of which may result in an increase to the operating costs of the shelter. e. The Shelter Operator shall make no major alterations, renovations or additions to the dog shelter premises or the building without prior written approval of the Town Board. f. In the event that either party defaults in fulfilling any of the terms or conditions of this contract, the other party may give thirty (30) days written notice of its intention to terminate this contract and, thereupon at the expiration of such thirty (30) days, if the condition or conditions which form the basis of the notice continue to exist, this contract shall terminate 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 arbitration through the American Arbitration Association or such other organization as is agreeable to the parties. In the event of such termination, the Shelter Operator shall forthwith surrender the Town Animal Shelter occupied by it and deliver to the Town any and all Town property in its possession, whereupon the Shelter Operator shall have no further rights or responsibilities hereunder, except to remove its property as provided herein. g. The Town and its authorized officers, agents and employees shall have the right to enter upon the Town Animal Shelter including the buildings or structures, at any reasonable time for the purpose of examining same, conferring with the officers a 9 and/or management of the Shelter Operator, and to make such necessary repairs as the Town may deem necessary. h. The Shelter Operator shall provide the Town with an audited financial report on a yearly basis. It shall also provide the Town with a quarterly performance report of work performed under this Contract that includes the following: 1. Activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. 2. New enfomement methods or programs planned for the upcoming quarter. 3. Whether or not any changes in policy will take place from past practices in the upcoming quarter. 4. Any recommendations to the Town Board or the Animal Shelter Oversight Committee concerning animal control, fees, licenses, and animal regulatory ordinances. 5. Financial compilations i. The Shelter Operator covenants and agrees that, unless this contract is renewed or extended by agreement of the parties, at the expiration of the term of this contact, it will surrender the Town Animal Shelter to the Town in good repair, normal wear and tear excepted. Within __ days of the surrender of the Animal Shelter to the Town, the Town shall inspect the premises and notify the Shelter Operator of any damage or repairs deemed caused by the Shelter Operator. The Shelter Operator shall have days to respond and/or arrange for the repair or replacement of damaged equipment. If the Shelter Operator fails to respond or 10 repair and/or replace said items, the Town may take reasonable steps to repair such damage and may retain the cost of the repair and/or replacement from the deposit referred to in Paragraph 1) m. of this Contract to defray the costs of repair/replacement. j. The Shelter Operator shall not assign this contract or subcontract or otherwise engage any other organization to perform the work and services to be performed hereunder without the express written approval of the Town. k. In the event Federal, State or County laws, rules or regulations require the Shelter Operator to incur additional expenses to provide the services the Shelter Operator has agreed to provide herein, the Town agrees to negotiate with the Shelter Operator with regard to such additional expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor NORTH FORK ANIMAL WELFARE LEAGUE, INC. By: Therese McGuiuness, President 11 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the __ day of __ in the year 2011 before me personally came Scott A. Russell to me known, who, being by me duly sworn, did depose and say that he resides in the Village of Greenport; that he is the Supervisor of The Town of Southold, State of New York, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto by resolution and authority of the Town Board of the Town of Southold. Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the day of__ in the year 2011 before me personally came __ to me known, who, being by me duly sworn, did depose and say that she resides in the - Town of Southold; that she is the President of _, the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the Board of Directors of said Corporation. Notary Public 12 NFAWL PART 'B' cost proposal [section III] a. Remit to the Shelter Operator the amounts set forth below for the indicated year, said amounts to be paid in twelve equal monthly payments on the 15th day of each month for the preceding month: April 1,2011 to March 31,2012-$205,000.00; April 1,2012 to March 31,2013 - $ 213,000.00; April 1,2013 to March 31,2014 - $ 222,000.00 b. Permit the Shelter Operator to occupy and operate the Shelter for the purpose of providing the services hereunder. c. The Town will provide certain fixtures, furnishings and equipment (FFE) for the provision of animal shelter services. These items shall remain the property of the Town and shall be maintained in accordance with reasonable use, and the Shelter Operator may not remove any FFE from the premises or replace any FFE without prior approval of the Town. The Town shall keep the Town Animal Shelter in good repair including the plumbing, heating and electrical systems. Repairs and maintenance to the Town Animal Shelter shall be in the Town's discretion which shall be reasonably exercised. d. The Town shall pay the fuel, electricity, water and other utility expenses of the Town Animal Shelter. e. The Town will provide all personnel with training on how to utilize the equipment within the Shelter. 3. GENERAL COVENANTS. The parties hereto further covenant and agree as follows: NFAWL RFP 2011 Amendments to RFP 2011 H. CLARIFICATION, EXCEPTIONS, OR DEVIATIONS The following statements constitute the clarifications, exceptions, or deviations section of the North Fork Animal Welfare League's (the "League") response to the Town of Southold's Request for Proposal for the Operation of the Town Of Southold Animal Shelter dated February 10, 2011 (the "RFP"), and the balance of the League's proposal must be interpreteki' in light of these statements: 1. The League's monetary proposal relates to its performance of duties articulated in its proposal. If, as a result of negotiations with the Town, it agrees to perform additional duties, it reserves the right to amend its monetary proposal to cover the costs related to these duties. 2. The League is unwilling to agree, as part of its proposal, to assume the costs of utilities and/or repairs of certain systems or.fixtures alluded to, but not fully defined, in the RFP. If, as a result of negotiations with the Town, the League and the Town can reach agreement on these terms, the League reserves the right to alter its proposal to take account of these agreed upon terms, including, but not limited to, amendment of its monetary proposal. 3. Nothing contained in the League's responsive materials should be construed as binding the League to acceptance of the contract attached to the RFP as Attachment B. The League is unwilling to execute the contract in that form. It is, however, willing to negotiate mutually satisfactory terms with the Town, including, but not limited to, the form of contract previously submitted by the League on January 28, 2011, except insofar as contemplated by Statements ##1 and 2 above. 4. The League makes its proposal in good faith, as a predicate to negotiation with the Town over the terms of a contract for the operation of the Town of Southold Animal Shelter. It does not agree that submission of'this proposal constitutes its last and final offer in response to the RFP, as suggested by the statements on p. 4 of the RFP. 5. The League does not consent to #19 of the RFP limiting the League's dissemination of information related to performance of the services outlined in the RFP without the prior written approval of the Town of Southold. As a 501(c)(3) organization, the League is obligated to submit yearly informational tax returns to the Internal Revenue Service and to provide copies of these forms and related information to members of the public upon request. Failure to do so subjects the League to fines and/or jeopardizes its tax exemption. nfawl Amendment to the RFP 2/25/201 .1 The following items Amend the North Fork Animal Welfare Leagues submission of the Request For Proposal for the Town of Southold Animal Shelter as per Section H of the Proposal Instructions [page 19] issued as part of the Town Document. All Amendments listed here reflect notations on the RFP Submission Form and are inseparable from the North Fork Animal League submission here attached, Amendments: Shelter Administration: Page 29: Item F Page 29: Item II.A.1 Page 30: Item C.l.h Page 30: Item C.3 Page 31: Item e,. Page 31: Item 4a.vi. Page 32: Item 5a Submission Packaqe Page 2: RFP Item #5 Page 3: RFP Item #c Comment: Town Record Retention Policy not submitted to Bidders. Delete "upon approval of the Town Board." Delete Delete January 31 Add March 31 Delete Delete Comment: Town of Southold Operations Manual not attached or distributed to RFP Bidders. Delete Delete Delete "as provided for in the Policy dictated by the Town Board" continued Page 3: RFP Page 4: RFP Page 5: RFP Page 5: RFP Page 6: RFP Page 7: RFP Page 9: RFP Page 9: RFP Item F .8 Item #h Item #m Item #n Item #2a Item #d Item 6 Item #j Delete Delete "... and upon approval of the Town BoarcF Delete "All personnel shall undergo additional training provided by the Town on how to utilize and maintain the equipment with in the Shelter." Delete Delete "fuel, electricity, water and other utility expenses at the Town Animal ShelteF'. Delete "$205,000.00 each year ........ preceding month" Add: "the amounts set forth below for the indicated year, said amounts to be paid in twelve equal monthly payments on the 15th day of each month for the preceding month: April 1, 2011 to March 31, 2012 @ $205,000.00 Apr# 1, 2012 to March 31, 2013 @ $213,000.00 Apdl 1, 2013 to March 31, 2014 @ $222,000.00" Delete ADD" March 31" Add: "One daJ/' of the surrender ....... Add: "Ten days to respond with adequate access to Shelter property" continued Contract between NFAWL and Town of Southold Attached please find a copy of the proposed Contract submitted by the NFAWL to the Town Of Southold on January 28, 2011. This Contract is Amended to this RFP for consideration in constructing a renewed agreement between both parties and contains items acceptable to the NFAWL that are in keeping with former contracts between the two parties. North Fork Animal Welfare League Operations, Services and Qualification Amendments Sections. Attached please find required subsections to this submission which include: 1. NFAWL in the Community 2. NFAWL mission statement, by-taws, certificate of incorporation, ein certification. 3. NFAWL financial reports, Insurance Certificates. 4. NFAWL record of operations, statistics, letters of support. 5. NFAWL records of inspections. 6. NFAWL personnel policies, current staff and officers. 7. NFAWL Southold Town Contracts for 2008-2011 and 2011-2013. 8. NFAWL RFP 2011 and Amendments to RFP 2011 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE OPERATION OF THE TOWN OF SOUTHOLD ANIMAL SHELTER · Attachment A: Specifications Proposal Due Date: February 25, 2011, 4:00 PM PART 1 -GENERAL I. Purpose / 6acl~round The Town of Southold is soliciting this Request for Proposals from a qualifted firm to provide dally operation on behalf of the Town of Southold Animal Shelter located in Peconic, New York. This Shelter is a 7,060 gross square foot facility (with the exception of utility rooms and attic space), will be available for the direct utilization of the successful bidder to provide care from animals from within the Town of Southold. Proposed services to the public are animal care and feeding for impounded animals, shelter administration, veterinary wellness care, redemptions, adoptions, dead animal disposal, animal foster care, rabies control, euthanasia services, emergency response, as well as other services found within an animal control shelter A. Purpose: Provision of a broad range of animal shelter activities for the pdrpose of safeguarding the health a nd safety of the population of the Town residents and the health and safety of its domestic animals for the purpose of promoting the humane treatment of animals; and to provide humane sheltering and care of stray or owner relinquished domestic animals from within the Town. S. Hours of Operation: The shelter is expected to be open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Notwithstanding the foregoing, the successful bidder may establish reasonable hours during which domestic animals may be viewed, redeemed or adopted. It is expected that the shelter will be staffed daily (7 days a week, 365 days a year) to provide adequate care and treatment for shelter animals C. Administration: 1. The Town Animal Shelter shall be under the day-to-day management of the successful bidder, but shelter operations pertaining to services provided to animals shall be subject to the review and comment by the Town. 2. The Town may request meetings with the successful bidder as needed to: i. Recommend policies and procedures pertaining to overall Shelter operations; ii. Provide a review of the financial operations of the Shelter, and identify financial issues to be addressed. iii. Review shelter operations as well as the findings and recommendations of all reports provided to the Town; and iv. Request and receive data and reports from successful bidder as set forth in further detail below. 28 D. Operation and ManaRement: Operate and manage the Town Animal Shelter, as a shelter and provide care for dogs seized by the dog control officer and for lost, strayed or homeless domestic animals that are received into the Town Animal Shelter within the Town of Southold boundaries. E. Compliance and Enforcement: Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the (~ode of the Town of Southold and Article 7 of the Agricultural and Markets Law. F. Records: Maintain and keep records of all expenditures and obligations incurred in the shelter operation as defined by the scope of service and all income and gees received thereby according to generally recognized accounting principles. Such records shall be maintained in accordance with the Town's Record Retention Policy. The records and/or shelter operations shall be opened to inspection and audit by the Town or its authorized representatives on an annual basis or as is deemed necessary by the Town. G. Fees: Any and all fees charged by the successful bidder will be consistent with the Town Code Chapter 83. Any and all dog license fees, dog enumeration fees, replacement tag fees, redemption fees and penalties collected are transferable to the Town and am to be deposited with the Town on a weekly basis. Successful bidder shall deposit all such fees and charges with the Town Clerk. II. Scope of Service: A. Dog Control Officer. The successful bidder will be required to perform the duties and responsibilities of dog control office in accordance with the provisions of the Town Code and Article 7 of the.Agricultural and Markets Law including: 1. Employ, at all times during the period of performance and -r .... I._ -r r. -- _l I~ such trained and qualified personnel as are necessary to perform the duties and responsibilities specified in this RFP, including one qualified full-time dog control officer and one qualified part-time dog control officer. 2. Assisting, within the Town of Southold, with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 3. Issue appearance tickets pursuant to Section 150.20 of the New York State Criminal Procedure law, to serve summons and to serve and execute any other order or process in the execution of the provisions of Article 7 of the Agricultural and Markets Law and Chapter 83 of the Town Code. 4. Serve process, including appearance tickets, a uniform appearance ticket, and uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 5. File and maintain such records for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available to the Commissioner of the Department of Agriculture and Markets upon request. 29 B. Provide Medical Treatment: Pay for all reasonable and necessary medical expenses incurred with regard to the Treatment of lost, strayed or homeless domestic animals at the Town Animal Shelter. In the event that an on-duty 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 successful bidder of the time and place of delivery, and the Shelter Operatorshall assume all reasonable and necessary medical expenses incurred by said dog. C. Recordkeeping and Reports: The successful bidder shall maintain accurate and complete records of all animals it handles. The records shall include the following information: a. Description of the animal, including its breed, color, size, sex, disposition, where and how the animal was obtained and the animal's owner. b. AIl citizen corn plaints regarding animals. c. All dangerous or potentially dangerous animals and dog bite incidents. d. AIl citations issued and their disposition. e. Date, time, location, reason and manner in which the animal was obtained. f. Length of time the animal was placed in the Town Animal Shelter. g. Finaldisposltionofanimals, lncludingnumberofanimalseuthanizedor adopted; i. Any additional information that~ay be required by the Town through its laws. The above information shall be provided to the Town Clerk on a monthly basis on approved forms and shall be accessible to the Town during normal business hours. The successful bidder shall maintain and submit quarterly performance reports which shall include the following information: a. Successful bidder's activities for tbe previous quarter, with emphasis on problem areas in enforcement and licensing. b. Method and level of enforcement for the upcoming quarter. c. Whether or not any changes in policy will take place from past practices. d. Recommendations to the Town Board or the Animal Shelter Oversig.ht Committee concerning fees, licenses, and animal regulatory ordinances. e. Any recommendations or information, related to animal control in the Town that are in the Interest of the Town or that the Town may request. An audited financial report due on amlml~of &ach year within the period performance of the RFP and financial compilations on a quarterly basis. of Shelter Operation: The successful bidder will have the proven ability to provide the required services as written within this RFP and in particular the following services: 1. Shelter Administration: a. Perform administrative services to include, but not limited to, tracking all animal impounded, billings, budget monitoring, financial repo~tlng and annual audits. b. Prepare required reports and establish communication with the Town and 3O provide required reports. c. Designate a primary and alternate contact person for the purpose of addressing complaints. d. Prov de personnel, supplies, materials, medication, pharmaceuticals, and equipment not otherWise supplied, including forms and reports, to perform all aspects of the shelter operation. III TIIII II I ........ f. All data complied and gathered in the course of doing business under this agreement remains the property of the Town. g. Coordinate and assume the cost for annual financial audit for non-profits as proscribed by the State of New York. h. Under annual audits and inspections by the Town for operational and administrative activities undertaken in service of the Agreement to provide services for the Town. The successful bidder agrees that the Town, State of New York, the Federal government, or designated representatives shall have the right to review and copy any records and supporting documentation pertaining to the performance of this agreement. 2. Impoundment of Animals: ao Impoundment, care, custody and feeding of any and all domestic animals from within the Town of Southold. Maintaining an up-to-date record of all animals processed through the Town Animal shelter including, but not limited to, those animals that are impounded, adopted, quarantined, euthanized, animals processed at immunization clinics, and any animal receiving spaying or neutering services. Records shall also be maintained and submitted to the Town Clerk on a monthly basis for: . i. The number of domestic animals brought in/surrounded by owners for impoundment; ii. Total animals impounded; iii. the number of animals adopted or transferred; iv. The number of stray/impounded animals returned to owner; v. Total animals euthanized and subtype vi. Such records shall be maintained in accordance with the Town's Record Retention Policy. 3. Shared use of shelter: a. Access will be provided to the Town for maintenance of mechanical systems, landscaping, and other maintenance as should be required by the Town. b. Janitorial closets, information technology closets and electrical/equipment rooms will be used only for the provisions of services for which they were designed. Maintenance of Shelter: a. Maintain the Animal Shelter and grounds in good, operating condition (in compliance with the Town of Southold Operations Manual to include, but 5o not be limited to: i. Building interior space areas (restrooms, lobby, corridors, ca rpet, flooring, office areas, doors, windows, closets, file rooms, copying storage areas, and ceiling). ii. Building systems (telephone, security, etc.). Successful bidder will provide phone, computer and other electronic equipment and maintain services. The Town has provided an alarm system as part of the building. All other building security to be provided by successful bidder. iii. Building equipment (computer hardware and software, tables, desks, chairs, file cabinets, book shelves, office furniture, furnishings, etc.). Provide security personnel services as needed. Maintain property cleanliness. b. Town shall maintain certain aspects of the Animal Shelter as follows: i. Building mechanical systems (electrical, gas, water, sewer and HVAC). ii. Building equipment (bathroom fixtures). Iii. Building Exterior areas (parking lot, grounds and landscape, exterior lighting and signage, foundation, walls, doors, windows and roofing)· iv. Landscape and hardscape maintenance. Shelter Furnishing, Fixture and Equipment. v b. All ac~ditional furnishings, supplies and equipment, not provided by the Town are the responsibility of and provided at the expense of the successful bidder. 32 .Attachment B AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND FOR OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER THIS AGREEMENT made this 1 dayof~prll ,2011,pursuanttotheprovisions of Article 7 of the 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, Southold, New York, hereinafter called the"Town", and the Nc, rl-h ~',-~,-k ~n'~ m~ ~ ~,=~ ~,'~ ~-~,qque Section 501(e)(3) not for profit corporation of the State of New York, having its principal office at at Pe~on~c , New York, hereinai~er called the "Shelter Operator"; WHEREAS, Sections 113 and 114 of the Agricultural and Markets Law provide that a Town may contract dog control officer and animal shelter services with an incorporated humane society or similar incorporated dog protective association; and WHEREAS, the Town desires to centraet for dog control officer and animal shelter services with the Shelter Operator; and WHEREAS, the Shelter Operator desires to provide such services for the Town in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the covenants and the promises contained herein, the parties mutually agree as follows: 1) SHELTER OPERATOR DUTIES. Within the Town of Southold, which includes the Village of Greenpert, the Shelter Operator, through its officers, agents and employees, shall provide the following services: -1- Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agricultural and Markets Law including: 1. Assisting, within the Town of Southold, with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 2. Issue appearance tickets pursuant to Section 150.20 of the New Yorl~ State Criminal Procedure Law, to serve the summons and to serve and execute any other order or process in the execution of the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 3. Serve process, including appearance tickets, a uniform appearance ticket, and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions of Article 7 of the Agriculture and Markets Law and Chapter 83 of the Town Code. 4. File and maintain such records for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available to the Commissioner of th Department of Agriculture and Markets upon request- 5. J___ l_'__ __] l'__l III "-" ....... ~ 1 1 1 I1 .... ~- Operate and manage the Town Animal Shelter at Peconic Lane, Peconic, New York ("Shelter"), as a shelter and provide care for dogs seized by the Shelter Operator's dog control officer and for lost, strayed or homeless domestic animals that are received into the -2- Town Animal Shelter from within the Town of Southold boundaries. ¢. Make available for adoption or euthanize any domestic animals or seized dogs not redeemed d. Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code oftbe Town of Southold. In the event that an on-duty 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 Shelter Operator of the time and place of delivery, and the Shelter Operator shall assume all reasonable and necessary medical expenses incurred by said dog. e. Pay for all reasonable and necessary medical expenses incurred with regard to the treatment of lost, strayed or homeless domestic animals at the Town Animal Shelter. f. Maintain accurate and complete records of alt animals it handles in the performance of this Contract. The records shall contain the following information: 1. Description of the animal, including its breed, color, size, sex, disposition, where and how the animal was obtained and the animal's owner. 2. All citizen complaints regarding animals. 3. All dangerous or potentially dangerous animals and dog bite incidents. 4. All citations issued and their disposition. 5. Date, time, location, reason and manner in which the animal was obtained. 6. Length of time the animal was placed in the Animal Shelter facility. 7. Final disposition of animals, including number of animals euthanized or adopted; 8. ~ ~ r. i 1 ~ '_1 I '1 I' "7",g~' 9. Any additional information that may be required by the Town through its laws. The -3- above information shall be provided to the Town Clerk on a monthly basis on approved forms and shall be accessible to the Town during normal business hours. g. Remit to the Town Clerk all license, redemption, and adoption fees collected in carrying out the provisions of this Contract. h. Employ, at all times during the term hereof and v;--" .......... ' ....... ' trained and qualified personnel as are necessary to properly perform the duties and responsibilities specified herein, including one qualified full-time dog control officer and one qualified part time dog control officer. '" ~ ~" ~ ...... i. Keep the Shelter open daily between the hours of 8:00 a.m. and 4:00 p.m., exclusive of Sundays and holidays. Notwithstanding the foregoing provisions, the Shelter Operator may establish reasonable hours during which dogs may be viewed, redeemed or adopted. jOiO*ll 4mla-rrt PaltZshalI exercise overall supervision of the Shelter and for all of its employees. .... Gillian Wood Pultz. 631 433 4555 The contact ]mormation tor ts If the Shelter Operator designates an alternative person to supervise the Shelter, the Shelter Operator shall notify the Town Clerk in writing within 72 hours. k. In the exercise of its discretion, admit strayed or homeless domestic animals and hold domestic animals beyond the time required by law, provided, however, that in no event shall the Shelter Operator admit or house at the Shelter, strayed or homeless domestic animals or hold domestic animals beyond the time required by law, if the same will result in there being insufficient space or ,facilities for the impoundment of seized dogs. 1. Provide and keep in force during the term hereof, public liability insurance policies insuring the Shelter Operator and its authorized agents or employees and naming the Town as an additional insured in the amount of not less than $1,000,000 per occurrence for bodily injury and/or property damage and a $2,000,000 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk. Pay for the telephone service, ~ Provide worker's compensation mad disability pe~on working at ~e To~ A~I Shelter or perfo~g se~i~s for ~e Shelter O~rator r~uir~ m ~ peffom~ under ~is Agreement. Ceffifica~s of such im~ shill be filed annually with the Town Clerk. -5- p. Keep on file with the Town Clerk and deliver upon the execution of this Agreement copies of the Shelter Operator's Certificate of Incorporation and any amendments thereto and current By-Laws. 2) TERM AND TOWN DUTIES. The term of this Contract shall be for a period ofthrce (3) years commencing on April 1,2011. The Town, in consideration of the services to be performed by the Shelter Operator as herein provided, covenants and agrees that it will, during the term hareoff a. Remit to the Shelter Operator the amount of 2275.??" "" - -,~'ct~year, said amounts to be paid .in twelve equal monthly payments on the 15th day of each month for the preceding month. b. Permit the Shelter Operator to occupy and operate the Shelter for the purpose of providing the services hereunder. c. The Town shall keep the Town Animal Shelter in good repair including the plumbing, heating and electrical systems. Repairs and maintenance to the Town Animal Shelter shall be in the Town's discretion which shall be reasonably exemised. 3) GENERAL COVENANTS. The parties hereto further covenant and agree as follows: a. The Shelter Operator hereby represents that it or its employees or authorized agents are legally qualified to perform all the duties on its part to be performed under the terms and conditions of this Contract. b. Nothing in this Contract shalt be held to constitute the parties hereto as partners, or authorize either party to Contract any debt, liability or obligation for or against or on behalf of the other party of the Contract. Neither the Town nor the Shelter Operator shall be considered as the agent of the other nor shall either have the right to bind the other in any manner whatsoever, and this Contract shall not be deemed or construed as a contract of agency. The Shelter Operator shall be deemed throughout the term hereof as an independent contractor and, as such, be liable for its own acts. -6- do The Shelter Operator shall protect, save and keep the Town harmless and indemnify the Town from and against any and all claims, losses, costs, damages, suits, judgments, penalties, expenses and liabilities of any kind or nature whatsoever arising directly or indirectly out of or in connection with the performance by the Shelter Operator of the terms and conditions of this Contract. i,~..~..,~- .... , ,' .~ '" 2 77~ "" Furniture, furnishings, fixtures, appliances and equipment installed by the Shelter Operator at the Town Animal Shelter shall remain vested in the Shelter Operator and, at the expiration of this Contract or on the prior termination thereof, as hereinafter provided, th~Shelter Operator shall have seven (7) days within which to remove the same and all other property belonging to the Shelter Operator provided, however, that such removal can be made without injury or damage to the premises or building. The Shelter Operator shall notify the Town prior to the installation of any fixtures, appliances or equipment. The Town reserves the right to prohibit the installation of any and all fixtures, appliances or equipment which are determined, in the Town's sole discretion, to pose a safety risk or which may result in an increase to the operating costs of the Shelter. The Shelter Operator shall make no major alterations, renovations or additions to the Animal Shelter premises or the building without prior written approval of the Town Board. In the event that either party defaults in fulfilling any of the terms or conditions of this Contract, the other party may give thirty (30) days written notice of its intention to terminate this Contract and, thereupon at the expiration of such thirty (30) days, if the condition or conditions which form the basis of the notice continue to exist, this Contract shall terminate completely as if that day were the day herein definitely fixed for the expiration of this Contract. In the event of such termination, the Shelter Operator shall forthwith surrender the Town Animal Shelter occupied by it and deliver to the Town any and all Town property in its possession, whereupon the Shelter Operator shall have no further rights or responsibilities hereunder, except to remove its property as provided herein. The Town and its authorized officers, agents and employees shall have the right to enter upon the Town Animal Shelter including the buildings or structures, at any reasonable time for the purpose of examining same, conferring with the officers and/or management of the Shelter Operator, and to make such necessary repairs as the Town may deem necessary. The Shelter Operator shall provide the Town with a quarterly performance report that includes the following: 1. ' Shelter Operator activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. 2. Method and level of enforcement for the upcoming quarter. 3. ~Whether or not any changes in policy will take place from past practices. 4. Recommendations to the Town Board or the Animal Shelter Oversight Committee concerning fees, licenses, and animal regulatory ordinances. 5. Any recommendations or information, related to animal control in the Town that are in the interest of the Town orthe Town may request that. 6. An audited financial report due on march 31 of each year within the term of this Contract and financial compilations on a quarterly basis. The Shelter Operator covenants and agrees that, unless this Contract is renewed or extended by agreement of the parties, at the expiration of the term of this contact, it will surrender the Town Animal Shelter to the Town in good repair, normal wear and tear excepted. Within one days of the surrender of the Animal Shelter to the Town, the Town shall inspect the premises and notify the Shelter Operator of any damage or repairs deemed caused by the Shelter Operator. The Shelter Operator shall have _t.e_r~ys to respond and/or arrange for the repair or replacement of damaged equipment. If the Shelter Operator fails to repair and/or replace said items, the Town, within its own discretion, may retain the cost of the repair and/or replacement from the last monthly payment due to the Shelter Operator by the Town to defray the costs of repair/replacement. -9- k. The Shelter Operator shall not assign this Contract or subcontract or otherwise engage any other organization to perform the work and services to be performed hereunder without the express written approval of the Town. 1. In the event Federal, State or County laws, roles or regulations require the Shelter Operator to incur additional expenses to provide the services the Shelter Operator has agreed to provide herein, the Town agrees to negotiate with the Shelter Operator with regard to such additional expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SOUTHOLD By: SCOTT A. RUSSELL, Supervisor By:. , President STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the day of. in the year 2011, before me personally came SCOTT A. RUSSELL to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogue; that he is the Supervisor of the Town of Southold, State of New York, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto by resolution and authority of the Town Board of the Town of Southold. Notary Public -10- STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the day of in the Year 201 I, before me personally came to me known, who, being by me duly sworn, did depose and say that he/she resides in the Town of Southold; that he/she is the President of the ., the corporation described in and which executed the above instrument; and that he/she signed his/her name thereto by authority of the Board of Directors of said corporation. Notary Public -11- RECEIYED ~outho[~t To'~vn ClerE