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HomeMy WebLinkAboutNYS DEC - Hunting & Fishing Licenses RESOLUTION 2013-834 Don ADOPTED DOC ID: 9289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-834 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth A. Neville to execute a License Issuing Agent agreement with the New York State Department of Environmental Conservation in connection with the issuance of hunting and fishing licenses, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell o~,gUFFO[,r~oG ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK = P.O. Box 1179 w Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~l www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 2013 GAME MANAGEMENT NYDS DEC 625 Broadway Albany, NY 12214-0334 Dear Sirs: Enclosed, please find my signed "License Issuing Agent Agreement" for approval and signature. Please return a fully executed copy to me for my records. Thank you, Very truly yours, n~ Eliza eth A. Neville Southold Town Clerk Enclosure (1) EAN NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish, Wildlife & Marine Resources License & Promotional Sales 625 Broadway, 15t Floor, Albany, New York 12233-4790 _ Phone: (518) 402-8843 • Fax: (518) 473-2105 Website: www.dec.nv.qov Joe Martens Commissioner September 30, 2013 Dear License Sales Agent: Just to clarify some enhancements in your Agent Agreement which is enclosed. There was concern that the Agent of Record would not always be the actual person doing the selling. We have addressed that in the new agreement. In Section 2 - Appointment, you now have the option to identify someone to be trained and therefore would be able to sell and train other clerks under your agent number. Alternatively, you may have the same name in both the License Issuing Agent and the Assistant License Issuing Agent. This enhancement will assist Town Clerks so they can appoint their deputy while still being the Agent of Record. It will also be appropriate for our large retail store Agents to be able to allow a designated clerk to do the selling to attend training and then train others in their department. The person identified will be the contact for our Revenue Office. Please remember that with any personnel changes at your establishment, either someone being transferred from one store to another for retail Agents or changes within the municipalities, a new Agent Agreement must be submitted to our Revenue Department. The new Agent Agreement out lines this in detail under Section 11 - Termination subsection F. If you do not notify Revenue of your changes, the Agent of Record on file will be held accountable for any discrepancies. Additionally, please remember that we are limited to only one License Issuing Agent or Assistant License Issuing Agent participating in the hands-on training from each agent location. Please make sure you return your Agent Agreement in the postage paid envelope no later than December 15, 2013. Sincerely, Donna Kalled Project Specialist Enc. Agent Agreement Training Invitation NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION LICENSE ISSUING AGENT AGREEMENT (Do not alter this Agreement. If information is incorrect, please call the New York State Department of Environmental Conservation at 518-402-9365.) This Agreement entered into between the New York State Department of Environmental Conservation (hereinafter referred to as the "Department"), with offices at 625 Broadway, Albany, New York 12233, and Elizabeth A. Neville - Namc as the Downer Clmunicipal clerk Dmanager of Town of Southold 53095 Main Rand BusinewMunicipality Name Street Address Southold New York 11971 Cityrrown/village state Zip Code (hereinafter collectively referred to as the "License Issuing Agent") WITNESSETH: WHEREAS, the Department is authorized by § 11-0713 of the Environmental Conservation Law and applicable rules and regulations to appoint agents to issue licenses for the privilege of hunting and fishing in New York State; and WHEREAS, the License Issuing Agent has applied to the Department for appointment as such a License Issuing Agent; and WHEREAS, the Department has determined that the License Issuing Agent is qualified to be appointed as a license issuing agent. NOW THEREFORE, the parties hereto agree as follows: 1. DEFINITIONS As used in this Agreement, the following, terms shall have the meaning provided herein: License Issuing Agent - shall mean both the License Issuing Agent and the License Issuing Officer as provided in 6 NYCRR § 177.1(f) and (g) of the Department regulations and shall also mean the duly appointed owner,' municipal clerk, or manager set forth above. Assistant License Issuing Agent - shall mean the individual appointed by the Licensing Issuing Agent to receive Department sponsored training for the purpose of issuing sportsman licenses and to be the point of contact for any Department inquires. Approved location - shall mean the business' or municipality's address as set forth in the beginning of this Agreement. Page 1 of 10 2. APPOINTMENT A. The Department hereby appoints the License Issuing Agent and their duly appointed Assistant License Issuing Agent (designed below) to be an agent issuing hunting, trapping, and fishing licenses at the approved location. B. The License Issuing Agent hereby appoints . Carol A. Hydell Name -count CI'exslt as the Assistant License Issuing Agent. 75t1e (See paragraph [11. F] herein for information regarding changes in appointment of the Assistant License Issuing Agent.) 3. DEPARTMENT REPRESENTATIONS The Department hereby agrees that it will: A. Provide the License Issuing Agent with a license printer (and necessary supplies) at the approved location for the sale and reporting of hunting and fishing licenses and provide necessary support for the printer. B. Pay a commission to the License Issuing Agent for each license sold as prescribed in Department laws, rules and regulations. C. Provide appropriate training and training materials to the Assistant License Issuing Agent, including a toll free telephone "help desk" service to answer questions and assist with problems. D. Provide informational materials for use at the approved location for the License Issuing Agent and their authorized employees to distribute to hunters, anglers, etc., regarding regulatory requirements for all authorized licenses issued. 4. AGENT REPRESENTATIONS The Agent hereby agrees that it will: A. Provide authorization attached hereto as Attachment "A" for the Department to access a bank account for electronic fund transfers to pay for all licenses sold. Fund transfers shall be scheduled on a regular basis as determined by the Department. B. Provide reasonable and necessary security to protect equipment and supplies from damage and unauthorized use. C. Ensure that all Department license issuing equipment is maintained in good working condition and returned to the Department when license sales are no longer provided at the approved location. Page 2 of 10 D. Pay all amounts due to the Department. Failure to maintain an adequate balance in the License Issuing Agent's account may result in immediate termination of this Agreement. E. The License Issuing Agent must provide a compatible computer system including a plain paper printer and access to the internet at no charge to the Department. F. The License Issuing Agent agrees that it will indemnify and save harmless the Department and the State of New York from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against it in a court of competent jurisdiction, to the extent such loss is attributable to a negligent omission or tortious act of the License Issuing Agent, its agents or employees, in the . performance of this Agreement. G. The License Issuing Agent is solely responsible for the supervision and direction of the performance of this Agreement by the Assistant License Issuing Agent and other authorized license issuing employees other than as specifically provided herein. 5. AGENT RESPONSIBILITY A. General Responsibility: The License Issuing Agent shall at all times during the Agreement term remain responsible. The License Issuing Agent agrees, if requested by the Commissioner or his or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. B. Suspension of Work (for Non-Responsibility): The Commissioner or his or her designee, in his or her sole discretion, reserves the right to suspend any or all activities under this Agreement, at any time, when he or she discovers information that calls into question the responsibility of the License Issuing Agent. In the event of such suspension, the License Issuing Agent will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the License Issuing Agent must comply with the terms of the suspension order. Agreement activity may resume at such time as the Commissioner or his or her designee issues a written notice authorizing a resumption of performance under the Agreement. 6. LICENSE ISSUING CONDITIONS A. All licenses authorized to be sold pursuant to this Agreement may only be sold by the Assistant License Issuing Agent or authorized employees of the License Issuing Agent at the approved location set forth in this Agreement. B. All employees authorized to issue licenses by the License Issuing Agent pursuant to paragraph "A" of this section, shall be appropriately trained in the use of the license issuing system by the Assistant License Issuing Agent prior to using the issuance system. Page 3 of 10 C. The Assistant License Issuing Agent must receive recurring training sponsored by the Department at least once every three years or sooner as circumstances warrant as determined by the Department. D. The License Issuing Agent and its employees who are authorized to issue licenses pursuant to this Agreement must abide by New York State Regulations 6 NYCRR Part 177 (www.dec.ny.gov/regs/3936.htmi and 6 NYCRR Part 183 (www.dec.ny. og v/reRs/3931 btmll. E. All personal data provided by customers shall be kept confidential to the extent required by Law. F. All documents considered returnable documents as well as all voided licenses for which credit is requested must be returned to the Department within one month of the transaction. G. All funds received from the sale of licenses, less the commission fee established by the Department, will be held in trust for the Department. Monies collected from the sale of licenses are Department funds and any other use of such funds is prohibited. The License Issuing Agent accepts the responsibility and duties of trustee for all funds collected for the benefit of the Department under this Agreement. H. No license may be sold for a fee in excess of or less than the amount established by the Department. 1. The complete catalog of sportsman licenses must be available for sale at the License Issuing Agent's approved location as designated in this Agreement. 7. USE OF EQUIPMENT AND SUPPLIES A. Supplies and equipment assigned to the License Issuing Agent for the printing of licenses are to be used for that purpose only, unless prior approval for such use is provided by the Department. Equipment is not transferable to other license issuing agent locations. B. In the event that defective equipment is replaced, the License Issuing Agent shall return the defective equipment immediately to the specified repair center. The License Issuing Agent shall pay for any such equipment not returned, or equipment that shows obvious abuse. Failure to remit payment for abused or unreturned equipment may result in the immediate termination of this Agreement. 8. CHANGE IN OWNERSHIP In the event of a change in ownership of the License Issuing Agent's business, the Department must be notified 30 days in advance of any such change, and this Agreement becomes immediately terminated at the time of such change in ownership. At the time of termination, all Department-provided licensing equipment must be returned to the Department or the Page 4 of 10 Department's representative. This License Issuing Agent's appointment is not transferable and shall apply only to the License Issuing Agent's appointment to sell hunting and fishing licenses. 9. CHANGE IN MUNICIPAL CLERK In the event of a change in municipal clerk from that who entered into this Agreement, the Department must be notified within 30 days of such change and this Agreement will become void at the time of such change. To avoid a disruption in service, a new Agreement should be submitted in advance of such change signed by the new municipal clerk. If the municipality intends to submit a new Agreement, Department-provided equipment does not need to be returned. 10. COMPLIANCE INSPECTIONS The Department reserves the right to inspect the approved location for the purpose of determining compliance with this Agreement. 11. TERMINATION In addition to any termination event appearing elsewhere in this Agreement, or provided in the applicable Department regulations, the following shall apply: A. This Agreement may be terminated for cause if the Department determines that any false statements or omissions were made on the License Issuing Agent's application. B. This Agreement may be terminated for cause for failure to comply with the terms of this Agreement at any or all approved locations at any time by the Department. C. Either party may terminate this Agreement for convenience by 15 days written notice to the other party. D. In the event of termination of this Agreement, the License Issuing Agent shall pay for all licenses sold and not previously paid for and return all equipment and supplies to the Department within 30 days of such termination. E. Termination for Non- Responsibility: Upon written notice to the License Issuing Agent, and a reasonable opportunity to be heard with appropriate Department officials or staff, the Agreement may be terminated by the Commissioner or his or her designee at the License Issuing Agent's expense where the License Issuing Agent is determined by the Commissioner or his or her designee to be non-responsible. In such event, the Commissioner or his or her designee may complete the contractual requirements in any manner he or she may deem advisable and pursue available legal or equitable remedies for breach. F. In the event of a change in the appointment of the Assistant License Issuing Agent, the License Issuing Agent shall notify the Department of such change within 15 business days by submitting to the Department a completed revised License Issuing Agent Application Page 5 of 10 Form attached hereto as Attachment "B," which shall provide, among other things, the name and title of the newly appointed Assistant Licensing Issuing Agent. In the Department's sole discretion, this agreement may be suspended or terminated in the event the Department is not notified of any change in appointment of the Assistant License Issuing Agent as provided herein. 12. TERM This Agreement shall remain in effect from the date of execution until such termination. 13. APPLICABLE LAWS A. This Agreement shall be governed by the laws of the State of New York. B. All licenses shall be issued in accordance with the provisions of the New York Codes, Rules and Regulations of the State of New York (hM://www.dec.ny.izov/rdgs/2494.htnili and New York State Law and the policies and procedures of the Department. 14. TOTAL AGREEMENT This Agreement together with any laws, documents and instruments herein referenced, shall constitute the entire agreement and any previous communication pertaining to this Agreement is hereby superseded. 15. CONTRACT AMENDMENT Any agreement revisions, including payment adjustments or time extensions, shall be made by a written amendment to the agreement, signed by both parties. Signature f Date: December 9, 2013 Lt 'nse Issuing Agent (n aation required below) LICENSE ISSUING AGENT ACKNOWLEDGMENT State of New York )s.s.: Countyof Suffolk ) On the 9th day ofUgCembgr . in the year2013 before me, the undersigned, personalty appeared E l i za beth A Neville 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 helsheAhey executed the same in his/her/their capacity(ies), and that by his/her /their signature(s) on the instrument, the indivi j*V,, 8ft n upon behalf of which the individual(s) acted, executed the instrument. NOTARY POS r. State of New York No. 0lC04822563. Suffolk County Term Expires December 31, 20 ,'c Date Notary Expires ' t Nota Publi'! Page 6 of 10 Signature Date: DEC Representative NOTE: A faxed copy of this agreement and the associated application will not be accepted. Completed applications and agreements in their original form should be mailed to: Attn: Revenue and Accounting Unit New Fork State Department of Environmental Conservation 625 Broadway, l0`h Floor Albany, New York 12233-4900 Page 7 of 10 Attachment A New York State Department of Environmental Conservation Division of Management & Budget Services Bureau of Revenue Management -10" Floor 625 Broadway, Albany, New York 12233-5012 Phone: (518) 402-9365 • FAX: (518) 402-9023 Website: www.dec.state.ny.us Please complete, review and sign this form. Attach a voided check or a statement from your bank that includes the routing number and account number for the account from which the ACH debits will be drawn and mail this Items to the address above. New York State Department of Environmental Conservation Authorization Agreement for Direct Payments (ACH Debits) relative to the Department's automated sporting license system. Agent/OfficerName: Elizabeth A. Neville Business Address: 53095 Main Road. PO Box 1179 City: Southold State: New York ZIP: 11971 Telephone: 631 765-1800 I hereby authorize the New York State Department of Environmental Conservation, hereinafter called DEPARTMENT, to initiate debit entries to my account indicated below at the financial institution named below, hereinafter called DEPOSITORY, and to debit the same account. I acknowledge that the origination of ACH Transactions to my account must comply with the provisions of U.S. law. Branch Name: Bridgehamoton National Bank Address: 54970 Main Road City: Southold State: New Yorh ZIP Code: 11971 Contact: Linda Carlson Telephone: 6 31 765-1500 Routing Number: 921406667 Account Number: 0500027685 Account Name Town Clerk - Cons Licenses Account Type: (M Checking L] Savings[ ] This authorization is to remain in full force and effect until DEPARTMENT has received written notification from me of its termination in such manner as to afford DEPARTMENT and DEPOSITORY a reasonable opportunity to act on it. Signature: e[Qi Date: December 9, 2013 NOTE: ALL WRITTEN DEBIT AUTHORIZATIONS MUST PROVIDE THAT THE RECEIVER MAY REVOKE THE AUTHORIZATION ONLY BY NOTIFYING THE ORIGINATOR IN THE MANNER SPECIFIED IN THE AUTHORIZATION. Page 8 of 10 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION LICENSE ISSUING AGENT APPLICATION _ ATTACHMENT "B" = LICENSE ISSUING AGENT PERSONAL INFORMATION FIRST, MIDDLE INITIAL, LAST NAME: Elizabeth A. NEville HOMEADDRESS: 110 Slee Hoiipw Lane STREET/PO BOX: CITY: SoUthold STATE; New York ZIPCODE: 11971 HOME TELEPHONE NUMBER: 631 765-2054 WORK TELEPHONE NUMBER: 631 765-1800 HAS APPLICANT SOLD NEW YORK STATE HUNTING AND FISHING LICENSES PREVIOUSLY? M YES o NO IF YES, PLEASE PROVIDE AGENT NUMBER: HAVE YOU EVER BEEN DENIED A BOND OR BEEN THE DEFENDANT IN COURT PROCEEDINGS INVOLVING THE NONPAYMENT OF DEBTS? a YES )P NO HAVE YOU EVER BEEN CONVICTED OF A FELONY? 0 YES )p NO 1S THE AGENT 18 YEARS OF AGE OR OLDER? )DYES u NO POSITION OF APPLICANT: 0 OWNER MUNICIPAL CLERK 0 MANAGER BUSINESS INFORMATION LEGAL NAME OF BUSINESS OR MUNICIPALITY: Town of Southold FEDERAL EMPLOYER IDENTIFICATION NUMBER: TYPE OF BUSINESS; 1K GOVERNMENT 0 SOLE PROPRIETORSHIP o CORPORATION 0 PARTNERSHIP 0 LIMITED PARTNERSHIP BUSINESS MAILING ADDRESS: Main Road STREETIPO BOX: Post Office Box 1179 CITY: Southold, STATE: NeW p ZIP CODE: 11971 BUSINESS SHIPPING ADDRESS (If Different From Above) STREET ADDRESS CITY STATE: ZIP CODE: BUSINESS TELEPHONE NUMBER: 631 765-1800 BUSINESS FAX NUMBER: 631 765-6145 BUSINESS E-MAIL ADDRESS: e.neville@town.southold.n .us HAS THIS BUSINESS LOCATION SOLD NEW YORK STATE HUNTING AND FISHING LICENSES PREVIOUSLY? )(I YES 0 NO IF YES, PLEASE PROVIDE AGENT NUMBER: 5211 Page 9 of 10 BUSINESS OPERATIONS DAYS/HOURS OF OPERATION DAY OF WEEK OPENING TIME CLOSING TIME SUNDAY Closed AM PM AM PM MONDAY 8:00 AM 4:00 PM TUESDAY 8:00 AM 4:00 PM WEDNESDAY 8:00 AM 4*00 PM THURSDAY R!nn AM 4:0 PM FRIDAY :00 AM 4:00 PM SATURDAY Closed IS THIS BUSINESS OPEN YEAR AROUND? )QYES o NO IF NO, STATE MONTHS OF OPERATION: ASSISTANT LICENSE ISSUING AGENT INFORMATION (To be appointed by the License Issuing Agent listed above) FIRST, MIDDLE INITIAL, LAST NAME: Ca of A. Hyde[] HOME ADDRESS: 150 Henn IS Lade STREET/PO BOX: CITY: Southold STATE: New York ZIP CODE: - 11958 HOME TELEPHONE NUMBER: WORK TELEPHONE NUMBER: 765-IRnfl fiAl 799-8461 6 31 HAVE THE ASSISTANT AGENT EVER BEEN CONVICTED OF A FELONY? DYES V NO IS THE ASSISTANT AGENT 18 YEARS OF AGE OR OLDER? RYES ONO License Issuing Agent Applicant Certification and Signature: The undersigned recognizes that this application is submitted for the express purpose of inducing the State of New York, through the Department, to appoint me as a license issuing agent with the authority to issue hunting, trapping, and fishing privileges in the State of New York; acknowledges that the State or the Department may, by means which it may choose, determine the truth and accuracy of all statements made herein; acknowledges that intentional submission of false or misleading information may constitute a felony or misdemeanor under Penal Law § 210; and states that the information submitted in this application and any attached pages is true, accurate and complete. Signed: Dated: December 9, 2013 censc Issuing Agent Page 10 of 10