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HomeMy WebLinkAboutNFAWL AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE NORTH FORK ANIMAL WELFARE LEAGUE OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER 4L THIS AGREEMENT made this ?Vday of116 , 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; WHEREAS, the Shelter Operator carries out other activities related to animal welfare and not funded by the Town on the Town Animal Shelter premises; 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: a. Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agriculture 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, 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 summonses, 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 1I 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 2 to the Commissioner of the Department of Agriculture and Markets upon request. 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 animals (defined herein as all animals at the Town Animal Shelter) that are received into the Town Animal Shelter from within the Town of Southold boundaries. c. Make available for adoption or euthanize any animals or seized dogs not redeemed as provided for in Article 7 of the Agriculture and Markets Law and pursuant to the Shelter Operator's adoption and euthanasia policies. 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 lost, strayed or homeless animals and dogs at the Town Animal Shelter. f. Maintain accurate and complete records of all animals it handles in the performance of this Contract and provide copies of said records to the Town Clerk on a monthly basis. With respect to dogs handled by the Shelter Operator pursuant to the provisions of Article 7 of the Agriculture and Markets Laws, this 3 information shall be maintained and submitted to the Town Clerk on approved forms from the Dog Control Officer and Shelter Manual issued in January, 2009 by the New York State Department 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 appearance tickets issued, and summons or other process issued pursuant to ¶ 1(a)(1)-(3) above 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. With respect to all other animals handled by the Shelter Operator, the Shelter Operator shall maintain the above information on Reporting Forms of the Shelter Operator, and it shall provide these forms to the Town Clerk on a monthly basis. g. Remit to the Town Clerk all license, redemption, and adoption fees collected in carrying out the provisions of this contract on a weekly basis. 4 h. 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. The Shelter Operator has designated Gillian Wood Pultz as the full time Dog Control Officer and Bethany Clark Montoya as the part time Dog Control Officer. In the event that these designees shall be changed for any reason, the names and resumes of their replacement shall be submitted to the Town Clerk by the Shelter Operator within 72 hours. 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 animals may be viewed, redeemed or adopted. j. Gillian Wood Pultz shall exercise overall supervision of the Shelter and for all of its employees. The contact information for Ms. Pultz is 631-433-4555. 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 animals and hold 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 animals or hold 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 5 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 on or before the expiration of the existing certificate. m. Prior to the execution of this Agreement, the Shelter Operator shall deposit with the Town Clerk the sum of$15,000.00. 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 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. n. All personnel of the Shelter Operator shall participate in instruction and demonstration provided by the Department of Public Works on how to utilize and operate the facility and all systems and equipment therein and shall operate said facility, systems and equipment in accordance with said instruction. The Shelter Operator will immediately notify the Department of Public Works when any system or equipment needs repair. o. Pay for the telephone service and garbage removal at the Town Animal Shelter. p. 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. 6 Certificates of such insurance shall be filed annually with the Town Clerk on or before the expiration of the existing certificate. q. Keep on file with Town Clerk and deliver upon the execution of this Agreement copies of the Shelter Operator's current 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 four (4) years commencing on June 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: 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: June 1, 2011 to May 31, 2012 - $ 205,000.00; June 1, 2012 to May 31, 2013 - $ 211,150.00; June 1, 2013 to May 31, 2014 - $ 217,484.00; June 1, 2014 to May 31, 2015 - $ 217,484.00. b. Permit the Shelter Operator to occupy and operate the Shelter for the purpose of providing the services hereunder and to carry out such activities as are consistent with its current certificate of incorporation. 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 7 prior approval of the Town. The Town will provide grounds maintenance, including grass cutting, weeding, and snow removal around buildings and exterior kennels. 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. 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 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, 8 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 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, 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 sixty (60) days written notice of its intention to terminate this contract. The defaulting party shall have ten (10)days from the receipt of such notice to cure the default. In the event that the Shelter Operator shall fail to cure an alleged default, the Town may cure such default by whatever means it deems advisable, and pay the cost and expense thereof from 9 said sum deposited with the Town Clerk. In the event that the alleged default is denied, or if the amount in controversy exceeds the $15,000 deposited in accordance with¶1(m), the parties agree to engage in a dispute resolution process, either by employing a mediator or mediation service that is agreeable to the parties hereto or by direct negotiations within thirty(30) days of receipt of the notice of intention to terminate the contract. If at the expiration of sixty(60) days from the notice of intention to terminate the contract, the condition or conditions which formed 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. 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 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: 10 I. Activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. 2. New enforcement 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 one day 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 seven(7) days to respond and/or arrange for the repair or replacement of damaged equipment. If the Shelter Operator fails to respond or 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¶1(m) of this Contract to defray the costs of repair/replacement. 11 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 SO OLD By: ^'' Scott A. Russell, Supervisor NORTH FORK ANIMAL WELFARE LEAGUE, INC. By: �� /yC�� �z 0U- - Therese McGuinness, President STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the Z4h day of in the year 2011 before me personally came Scott A. Russell to me known, who, bei g 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. ('14otary Public 12 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the Q�,,tA day of/OA- in the year 2011 before me personally came Therese McGuiness, 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 North Fork Animal Welfare League, 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 ELIZABETH ANN NEVILLE Notary Public-State of New York No. 01NE8125850 Qualified in Suffolk County Term Exoires October 31, 202' 13 MZ3 The North Fork Animal Welfare League, Inc. P.O. Box 297, Southold, New York 11971 631-765-1811 RECEIVED JAN 1 1 2012 Elizabeth Neville, Southold Town Clerk )outhold Town Clea k POB 1179 Southold NY , 11971 Dear Ms. Neville, To follow up on your call to me of January 6e1, 2012 questioning coverage at the shelter during my days off, I enclose a copy of page five of our 2011-2015 contract with the Town of Southold . Section h. lists the designated dog control officers. Under section j., Gabrielle Glantzman, 631-926-0331, is the alternative shelter supervisor during my routine days off and vacation. Should you have any further questions do not hesitate to call me. Sincerely, U�o V� Gillian Wood Pultz Executive Director/North Fork Animal Welfare League, Inc. h. 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. The Shelicr Operator has designated Gillian Wood Pultz as the fall time Dog Control Officer and Bethany Clark Montoya as the part Umc Dog Control. Officer. In the event that these designees shall be changed for any reason, the names and resumes of their replacement shall be submitted to the Town Clerk by the Shelter Operator within 72 hours. 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 animals may be viewed, redeemed or adopted. j. Gillian Wood Pultz shall exercise overall supervision of the Shelter and for all of its employees. "I'he contact information liir Ms. Pultz is 631-433-4555. Ifthe Shelter Operator designates an alternative person to supervise the Shelter, the Smelter Operator shall notify the Town Clerk in writing within 72 hours. k. In the exercise of its discretion, admit strayed or homeless animals and hold 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 animals or hold 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 tern hereof, public liability insurance policies insuring the Shelter Operator and its authorized agents or employees and 5