HomeMy WebLinkAboutNFAWL EIIZABETH A.NEVILLE Town Hall, 53095 Main Road
TOWN CLE]FtK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS coo Southold, New York 11971
MARRIAGE OFFICER Fax (516) 765-1823
RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOV�N OF SOUTHOLD
THIS IS TO CERTIFY' THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING
HELD ON DECEMBER 22, 1998:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran to execute an agreement between
the Town of Southold and the North Fork Animal Welfare League, Inc. for .
dog control services and shelter services, for the period January 1, 1999
through December 31, 1999, in the amount of $126,000.00, all in accordance
with the approval of the Town Attorney.
4i azaet h CA
Southold Town Clerk
December 22, 1998
ISFF JEAN W. COCHRAN
Supervisor
GREGORY F.YAKABOSKI Town Hall, 53095 Main Road
TOWN ATTORNEY C*
COD P.O.Box 1179
%30- . Southold, New York 11971
Telephone (516) 765-1889
REalVED Fa x(516) 765-1823
JAN 1 ,3 1999
SW61d'Town aerk OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO: ELIZABETH A. NEVILLE, TOWN CLERK
FROM GREGORYF. YAKABOSKI, ESQ., TOWNATTORNEY
DATE. JANUARY 13, 1999
SUBJECT.- NFAWL CONTRACT
Attached please find an original executed contract between the Town of
Southold and the North Fork Animal Welfare League dated 12131198. The
contract is for a term of one year. 111199 through 12131199.
GFY.-ck
Att.
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DATE(MMMD/YY)
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............. 05/12/97
A-CORD
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ROY H. REEVE AGENCY, INC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO BOX 54, MAIN ROAD COMPANIES AFFORDING COVERAGE
MATTITUCK N.Y. 11952 COMPANY
A HARTFORD INSURANCE COMPANY
INSURED COMPANY
NORTH FORK ANIMAL B
WELFARE LEAGUE, INC. COMPANY
P.O. BOX 297 C
SOUTHOLD NY 11971 COMPANY
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. ... ..... ................................
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS.
CO TYPE OF IPASUR_AMdCE - - - _ POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER DATE jMMIDDIVY) DATE.(MMMD/YY) LIMITS
GENERAL LIABILITY 12UUCCF3061 7/01/97 7/01/98 GENERAL AGGREGATE $1, 000, 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1, 000, 000
—1 CLAIMS MADEFX]OCCUR PERSONAL&ADV INJURY sl . nno, 000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE(Any one fire) $ 300, 000
MED EXP(Any one person) $ 10, 000
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT $
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
..........
ANY AUTO OTHER THAN AUTO ONLY.
EACH ACCIDENT $
'I AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKEMS COMPENSATION AND TW6-8-TA U
0 2Y L�
lheT
'T� JOTH
ER-.
EMPLOYERS'LIABILITY ...
EL EACH ACCIDENT $
THE PR INCL EL DISEASE-POLICY LIMIT $
PARTNE=ECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF OPEFtATIONS/LDCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS LISTED AS ADD'L INSURED
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WmAd
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
TOWN OF SOUTHOL5 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
LAURIE DOWD - TOWN ATTORNEY 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFr,
TOWN HALL - MAIN ROAD BUT FAILURE TO MAIL SUCH NOTICE:%IMPOSE NO OBLIGATION OR I
Y.
SOUTHOLD, NEW YORK 11971 OF ANY KIND UPON THE 4 cc ANY, AGE!"-.-��*_REPRIESENTATIVES.
AUTHOR!35§'y REPI ENT4TIVE%'--`
1 33 A
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P.A.0
-31
THIS AGREEMENT made this day of December, 1998, 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 principal 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 thi's 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 responsibi lities 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 Pecohic 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 facilit n
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) Euthaniie 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 impoundment fees and
other monies collected in carrying out the provisions of this contract.
(i) Employ, at all times during the terms hereof, trained and qualified
ro e
personnel in sufficient number to p p' rly '"'perfdrm -61( thi'e�d i
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 foe all of its employees and advise the Town of the name,
address and telephone number of such person.
(1) 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 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 spac e 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 propertid' amage. 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
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
court 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) Prope�rly 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 Peco,n'ic, 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 Januar
.y 1, 1999 to December 31, 1999, the
sum of ONE HUNDRED TWENTY-SIX THOUSAND DOLLARS AND NO
CENTS ($126,000.00), to be paid to the League in twelve equal monthly
payments commencing on January 1, 1999 and continuing monthly thereafter.
4. GENERAL COVENANTS. The parties.hereto do further 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 workmen's
compensation and disability,insurance as m ay 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
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 nOtr be deemed or construed as a contract of agency. The League
6
shall be deemed throughout the term hereof as an independent contractor and,
as such, be liable for its own acts.
(d) The League"shall 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 League 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 term i nation__thereof,,.,...,._.,,_
as hereinafter provided, the Le ague 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 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 ten (10) days
notice of its intention to terminate this contract and, thereupon at the expiration
of such ten (10) 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
event the League denies such default, such dispute shall be resolved by a court
of competent jurisdiction upon the application of either party hereto. In the event
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
same, conferring with the officers and/or employees of the League, and to make
such necessary repairs as the Town may deem necessary.
The League represents that it will dutifully enforce the provisions of
Article 7 of the Agricultural and Markets Law and the rules and-regulationgr---
promulgated thereunder in the Town of Southold, including the Incorporated
Village of Greenport.
8
(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
serv.ices 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 one year
commencing on the 1 st day of January, 1999, terminating the 31 st day of
December, 1999, 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:
JQn W. Cochran, Supervisor
NORTH FORK ANIMAL WELFARE LEAGUE, INC.
By:
Anna Cosimano, President
STATE OF NEWYORK
) ss.:
COUNTY OF SUFFOLK
On the J/,&- day of December, 1998, before me, the undersigned, a
Notary Public i-n 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.
WZARETH ANN NEVILE
Notary Public,Stale of New York
P3 0.5 2-8 12 5 8 50'Suffolk Counly
Term, Expires OUober
Notar"ublic
STATE OF NEWYORK
ss.:
COUNTY OF SUFFOLK
On the day of December, 1998, before me, the undersigned,
Notary Public in and for said State, personally appeared personally known to me
10
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.
-00-
Notary Public
MELANIE DOROSKI
MOTARy puBLIC.State of New York
()I-00- 4634870-Suffolk Countv
Commission Expires q-30-2-006