HomeMy WebLinkAboutNFAWL THIS AGREEMENT made this day of October, 1997, 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
called the "Town," and NORTH FORK ANIMAL WELFARE LEAGUE, INC., a
membership corporation of the state of Now 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.
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(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
personnel in sufficient number to properly perform al I the duties and
responsibilities provided hereby which shall include one qualified full-time dog
control officer and one qualified part-time dog control officer.
(j) 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
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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 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 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 no t less than $1,000,000 per occurrence for bodily
injury and/or property damage. Certificates of s'uch 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 prov'ided 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
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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 S.upervisor. 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) 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.
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(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, 1998 to December 31, 1998, the
sum of ONE HUNDRED TWENTY-O NE THOUSAND DOLLARS AND NO
CENTS ($121,000.00), to be paid to the League in twelve equal monthly
payments commencing on January 1, 1998 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 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 obligation
for or against or on behalf of the other party of this 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
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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 termination thereof, as
hereinafter provided, the League 'shall have the right and a reasonabler 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 the 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.
(j) 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 shelte r 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 one year commencing on
the 1st day of January, 1998, terminating the 31st day of December, 1998,
unless sooner terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
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hands and seals the day and year first above written.
TOWN OF SOUTHOLD
By- cal�
JeaCnM. Cochran, Supervisor
NORTH FORK ANIMAL WELFARE LEAGUE, INC.
By:
STATE OF NEWYORK
) ss..-
COUNTY OF SUFFOLK
On the 16-b( day of October, 1997, before me, the undersigned, a Notary
Public in fand for said State, personally appeared JEAN W. COCHRAN,
p 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 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.
PATRICIA D. GARSIK
Notary Public, State of Now York
No. 01GA4522513
Notary Public Quallfled in Suffolk County
Commission Expires August 31, '?,Ke
STATE OF NEWYORK
) ss.-.
COUNTY OF SUFFOLK
On the day of October, 1997, before me, the undersigned, a Notary
Public in and for said State, personally 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.
Notary Public
PATRICIA D. GARSIK
MQtary Public, State of Now York
DOGSHELTDOC revised 10116197 No. 01GA4522513
Qualffied In Suffolk CoUntY
Commission Expires August 31,
NORTH FORK ANIMAL WELFARE LEAGUE, INC.
P.O. BOX 297
SOUTHOLD, NEW YOW 11971
August 3, 1994
Attached is the proposal that you requested at our last meeting. We would be happy to
discuss the proposal with you at your convenience. You can call me at 734-5226.
Sinnrucmly,
Bruce Isaacs
President
�44 F-,
js
PROPOSAL FOR A NEW
SOUTHOID TOWN ANIMAL SHELTER
Ile North Fork Animal Welfare Leape proposes to privately fund the building of'a new anitnal
shelter on land provided by the Town of Southold pursuant to a long-term lease at a nominal
rent,Faject to the terms and conditions set forth below..
Thee new she*r fivility,to be erected immediately north of the existing building,will correct
various inadequacies of the present shelter facility: its larger capacity will provide a more humane'
environment for the animals; its totally enclosed runs will eliminate any potential nuisance to thei
community; and its modem, efficient design will meet Southold!s animal control needs well into :':'
the hiture.
This proposal enhances the strong public-private-partnership that the North Fork Animal Welfare,
Leaguou for many years enjoyed with the Town of Southold,.and provides a solid, long-term
and low-cost solution to the Town!s ongoing animal control needs.
Specific provisions of the agreement are outlined as follows:
L To protect the League's substantial private investment in constructing the new building,
the Town and the League will enter into a ten-year renewable contract under which the
League will provide Dog Control Services for an annual fee starting at the current
$115,000, subject to annual increases based on some agreed upon economic index. In
the event the scope of services the League provides under the agreement increases for any
reason, including new mandates imposed by the Town, County, State or Federal
governments, (i.e.,pe�lidbqsing or rabies vaccination for cats)additional amounts will be.
negotiated in good faith by both parties and added to the contract amount
2. The Town will lease the land to the League for a period,of fifty years,to run concurrently
with the Dog Control Services contract, which will be renewable every'ten years.
a), The contract will be renewable at ten-year intervals, and can be cancelled by eithei
party only at the ten-year interval.
b) In the event that the Town decides to terminAte this lease before fifty years,the
Town-will purchase the building from the League at a price equal to the League!s
initial cost plus maintenance and improvements, if any, less depreciation
calculated on a straight-line basis as per the following examples:
If the Town terminates the lease after 10 years, it will pay the League a
sum equal-to 80% of the initial cost�plus maintenance and improvements.
If the Town terminates the lease after 20 years, it will pay the League a
slim equal to 60% of the initial cost,plus maintenance and improvements.
If the Town terminates the lease after 30 years, it will.pay the League a
sum equal to 40% of the initial cost,plus maintenance and improvements.
If the Town terminates the lease after 40 years, it will pay the League a
slim equal to 20% of the initial cost,plus maintenance and improvements.
At the end of 50 y ears,the Town and the League win renegotiate the lease.
c) In the event that the Town elects to terminate the Lease before thirty years have
expired,the Town will pay an early termination penalty of 10% added to the sums.
shown in Paragraph 2(b)above.
In the event that the Town elects not to renew the Dog Control Services Contract
-with the League at some ten-year interval,the Towns new Dog Control Services
provider must lease space from the League at an amount consistent with
prevailing market rates for similar facilifiesi The Town!s failure to renew the Dog
Control Services Contract does not jeopardardize the League!s lease of the land for
the shelter and the League will continue to function as a privatennimal shelter.
3. Except as outlined in I Paragraph 4 below,the League will privately ftmd the construction
of the new Animal Shelter, and will provide insurance,building maintenance, and utilities
for its ongoing operation.
a) Building-plans4orthe facility will be submitted to the Town for its comment and
approval.
b) The League will maintain the Shelter for the fht 40 years of the lease. However,
to ensure.that the building is in good condition at the conclusion of the lease,the
Town may at its option take over maintenance of the building after 40 years-until.
the expiration of the lease,term.
4. The Town will provide certain site-related products or services to the League, including:
a) Clearing, leveling and otherwise preparing the site for construction.
b) Piping and hook-up'from the well on the existing Shelter site to the new Shelter.
If water quality is below Suffolk County Department of Health Services
standards,the Town will take s�eps necessary to meet the standards.
c) Installing of cesspools and septic�anks, and the related piping,to the new Shelter
upp ' League.
The cesspools and septic tanks will be s' lied by the
Jp
t (J-3
d) Burying of the underground electric feed from the utility source to the new Shelter
and providing necessary junctions in the building. Wire and related supplies win
be provided by the Town.
e) Paving an access road and parking lot at the new Shelter, and providing ongoing
maintenance and repairs, including snow removal.
f) Removing of fencing at existing shelter site and re-installation of same at the new
Shelter site. To help screen the new Shelter and enhance its security,the fencing
will be installed atop a new three-foot earthen berm, to be created by the Town
from fill already on site. Additional fencing will be supplied by the Town' as
needed. All fencing will be.maintained by the Town.
g) The League will make a good-faith effort to obtain donations from local
businesses for landscaping the new.site, specifically by delivering top soil and
seeding it with new grass,planting and staking shade trees, and installing
foundation evergreens and other shrubbery. In the event that the League is not
successful in this endeavor, the Town will provide same. ne Town will also
maintain planted areas,,including mowing,pruning, leaf removal, and customary
landscape maintenance.
h) At the League7s option, any equipment that may be Town property but has been
used exclusively by the League at its existing Shelter will be transferred to the
new Shelter for the League!s continued use.
This proposal represents the Le4gue!s intent to provide.humane and cost-effective long term Dog
Control Services to the Town.of Squthold.consistent with the Town's objective to limit the
expenditure of taxpayer funds—ht.the spirit of partnership that has governed its relation-ship with
the people of Southold,the League is eager to address oiny concerns the Town might have with
respect to these terms, and work cooperatively toward a inutually beneficial arran�geznent to
construct a new Animal Shelter for the Town of Southold.
August 2, 1994