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HomeMy WebLinkAboutNFAWL ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax(516) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 17, 1999: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to eXecute a contract with the North Fork Animal Welfare League for -dog control services and shelter services for the Town of Southold for a period of three (3) years commencing on January 1, 2000 for a sum of $132,000.00 for the year 2000; a suni of $135,960.00 for the year 2001; and the sum of $140,039.00 for the year 2002, all in accordance with the approval of the Town Attorney. El'l'Zabeth A. Neville Southold Town Clerk August 17, 199.9 THIS AGREEMENT made this 23rd -day of August 1999, pursuant to the provisions 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 pi�incipal office at 53095 Main Road, Southold, New York, hereinafter call the "Town," and NORTH FORK ANIMAL WELFARE LEAGUE, INC., a membership' corporation of the state of- New York, having its principal office at-Peconic, New York, hereinafter called the "League." WHEREAS, Sections 114 and 115 of the Agricultural and Markets Law provides that a Town may contract for dog officer services and for shelter services with any incorporated. humane society of similar incorporated dog protective association; and WHEREAS, the Town desires to contract for dog officer services and for shelter services with a humane society or similar incorporated dog protective association;,and WHEREAS, the League has offered to enter into a contract with the Town to provide such services to the Town in accordance with the terms and conditions of the contract. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. REPRESENTATION. The League does hereby represent that it is legally qualified to perform all the duties on its part to be performed under the terms and conditions of this contract. 2. LEAGUE DUTIES. The League, in consideration of the payment to it by the Town of the sum of money to be paid in the manner and at the times hereinafter provided, hereby covenants and agrees that, at its own expense, it will during the term hereof: (a) Through its duly appointed officers, agents and employees, perform the duties and responsibilities of dog control officer in the enforcement of the provisions of Article 7 of the Agricultural and Markets Law and the rules and regulations promulgated pursuant thereto in the Town of Southold, including the Incorporated Village of Greenport located therein. (b) Operate and maintain, at its own expense, the Town Animal Shelter at Peconic Lane, Peconic, New York, as a shelter for all dogs seized by its dog control officer and for lost, strayed or homeless dogs. Clause 2(b) and (p) of this contract shall terminate if the League constructs its own shelter facility on land leased from the Town. The remaining terms of this contract shall continue in effect, except that all dogs will be kept in the League's shelter instead of the Town's shelter. (c) Properly shelter, feed, water and otherwise care of all dogs in the shelter. (d) Euthanize or make available for adoption seized dogs not redeemed as provided in Article 7 of the Agricultural and Markets Law. (e) Comply with the provision of Article 7 of the Agricultural and Markets Law and any rules and regulations promulgated pursuant thereto in relation to the seizure, holding, care, redemption and disposition of seized dogs. (f) Comply with and enforce the provisions of Chapter 38 of the Code of the Town of Southold. In the event that a Police Officer of the Town of Southold brings an abandoned dog to the veterinarian for medical treatment and said dog remains unclaimed, the Police Officer will advise the League of the time and place of, delivery, and the League shall assume all reasonable and necessary medical expenses incurred by said dog. (g) File and maintain complete records of any seized dog and subsequent disposition of any dog in the manner prescribed by the Commissioner of Agriculture and Markets, as well as any other records required by law. (h) Remit to the Supervisor of the Town all license, redemption, and adoption fees collected in carrying out the provisions of this contract. (i) Employ, at all times during the terms hereof, trained and qualified personnel in sufficient number to properly perform all the duties and responsibilities provided hereby which shall include one qualified full-time dog control officer and.one qualified part-time dog control officer. 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 forgoing 3 provisions, the League may establish reasonable hours during which dogs may be viewed, redeemed or adopted. (k) Designate a suitable person who shall exercise overall supervision. of the shelter and for all of its employees and advise the Town of the name, address and telephone number of such person. (1) In the exercise Pf its discretion, admit strayed or homeless dogs and hold dogs beyo.nd the time required by, law, provided, however, that in no event shall the*League admit to or house at the shelter strayed or homeless dogs or hold dogs beyond the time required by law, if the same will result in there being'insufficient space or facilities for the impoundment of seized dogs. (m) 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 amount of not less than $1 000,000 per occurrence for bodily injury and/or property damage and a $2,000,00 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk. (n) Comply with all laws, rules and regulations in the Performance of its duties and responsibilities hereunder. (o) 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 of any default by the League in any of the terms 4 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 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 League denies such default, such dispute shall be resolved by a cou'rt of competent jurisdiction, 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 performed, then at the expiration of this contract, according to its terms, .said deposit shall be paid over to the League. (p) Properly maintain and keep in reasonably good repair(exclusive of structural repairs) any and all property and equipment of the Town used by the League in its performance of this contract, including the Town-owned dog shelter at Peconic, New York. 3. TOWN DUTIES. The Town, in consideration of the services,to be performed by the League as herein provided, covenants and agrees as follows: (a) That during the term of this contract it will permit the League to occupy and operate the Town-owned shelter .at Peconic, New- York, for the purpose of providing dog control officer services and shelter services for. the Town, until the League constructs its own shelter on Town-owned property. 5 (b) In consideration of their services to be performed by the League as provided herein, the Town covenants and agrees to pay the League as follows: (i) For the period from January 1, 1999 to December 31, 1999, the sum of ONE HUNDRED THIRTY-TWO THOUSAND DOLLARS AND NO CENTS ($132,000.00), to be paid to the League in twelve equal monthly payments commencing on January 1, 2000 and continuing monthly thereafter with a 3% annual increase for the year 20001 for a sum of One Hundred Thirty- Five Thousand Nine Hundred and Sixty Dollars ($135,960.00) and an additional 3% annual increase for the year 2002 for a sum of One Hundred Forty Thousand Thirty Nine Dollars ($140,039.00). 4. GENERAL COVENANTS. The parties hereto dofurther covenant and agree as follows: (a) All costs and expenses incurred by the League in the performance of this contract shall be paid when due by the League including but not limited to light, heat, maintenance, repairs, water, fuel, electricity, telephones and other utilities. (b) The League shall provide, at its expense, such worker's compensation and disability insurance as may be required by law. Certificates of such insurance shall be filed annually with the Town Clerk. (c) Nothing in this contract shall be held to constitute the parties hereto as partners, nor authorize either party to contract any debt, liability or 6 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. (d)' The League s-hall protect, save and keep the Town harmless and indemnify the Town from and against any and all claims, losses, and 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 League of the terms and conditions of this contract. (e) The Le ague shall not directly or indirectly engage in any other activity which will conflict or interfere with its performance of the terms and conditions of the' contract. (f) Title to' any furniture, furnishings, fixtures, appliances and equipment installed by the League at the dog shelter shall remain vested in the League and, at the expiration of this contract or on the prior termination thereof, as hereinafter provided, the League shall have the right and a reasonable time within which to remove the same and all other property belonging to the League provided, however, that such removal can be made without injury or damage to the premises or building. (g) The League shall make no major alterations, renovations or additions to the dog shelter premises or the building without prior written approval of the Town. (h) In the event that the League defaults in fulfilling any of the terms and conditions of this contract, the Town may give the League thirty (30) days 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 continues to exist, this contract shall terminate as completely as if that day were the day herein definitely fixed for the expiration of this contract. In the event the League denies such default, such dispute shall be resolved by a court In the event of competent,jurisdiction upon the application of either party.hereto. of such-termination, the League shall forthwith surrender the premises occupied by it and deliver to the Town any and all Town property in its possession, whereupon the League shall have no further rights hereunder, except to remove its property as hereinbefore provided. (i) The Town and its authorized officers, agents and employees shall have the right to enter upon the Town-owned dog shelter premises including any buildings or structures, at any reasonable time for the purpose of examining-the I same, conferring with the officers and/or employees of the League, and to make such necessary repairs as the Town may deem necessary. 8 The League represents that it will-dutifully enforce the provisions of Article 7 of the Agricultural and 'Markets Law and the rules and regulations promulgated thereunder in the Town of Southold, including the Incorporated Village of Greenport. (k) The League and the Town will compile a current list of equipment, furniture, furnishings, fixtures, appliances installed by the League and a similar -list of those items and equipment installed by the Town. (1) -The League will keep separate League expenses from Town expenses and provide a monthly report thereof. (m) The League covenants and agrees that, at the expiration of the term of this contract or upon the League moving into its own shelter facility on Town-owned property, it will -surrender the dog shelter premises to the Town as in good a condition as the same existed at the date of commencement of this contract, normal wear damaged by the elements expected. (n) The League shall not assign this contract nor any of the work or services to be perFormed hereunder without the express written approval of the Town. (o) In the event Federal,-State or County mandates require the League to incur additional expenses to achieve compliance, the Town agrees to negotiate with the League on payment of the additional expenses. 5. TERM. This contract shall be for a term of three years commencing on the 1st day of January, 2000, terminating the 31st day of December, 2002, 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 SOUTHOLD By: Jekn)W. Cochran, Supervisor NORTH FORK ANIMAL,WELFARE LEAGUE, INC. By: Anna Cosimano, President STATE OF NEW YORK SS.: COUNTY OF SUFFOLK On the 23rd day of August ' 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared JEAN W. COCHRAN, personally known to me or proved to e on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notaq Pulplrc,-Suffoll� County ELIZABETH ANN NEVILLE Notary Public,State of New York No.52-81258-50,Suffolk County Term Expires October 31, Ae" 10 40 STATE OF NEWYORK ss.: COUNTY OF SUFFOLK On the day of 1999, before me, the undersigned, Notary Public Fn and for said State, �ersonal'ly appeared 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 she executed the same 'in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ,ZZOF7� Notary Oul:�Iic PATRICIACORMN Nm 11 ry Pubric,Slate of Now York No.01CO5017852 Qualiffied in Suffolk Courity Ccmmission Expires Sept 13,