HomeMy WebLinkAboutNorth Fork Animal Welfare League THIS AGREEMENT -made this ' '11th, day of January, 1994, . 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 members,hip corporation of the State of New York, having its principal
office at Peconic,�. New York, hereinafter called the "League".
WHEREAS, Sections 114 and 11.5 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 or similar incorporated dog
protective associa!iiion; and
WHEREAS, the Town d e'sires to contract for dog officer services and for
shelter services with a humane society or similar incorporated dog protective
association; and
WHEREAS, ike League has offered to enter into a contract with the Town
to provide. suchi services to the Town in accordance with the terms- and
conditions of thelcontract.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 . The League does hereby represent that it is legally qualified to
perform all the/ 11:'cluties on its part to be performed under the terms and
conditions of.thisl:contract.
2. 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) Th, rough its duly appointed officers, agents and employees,
perform the duties and -t,-esponsibilities 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, Pecbnic, New York, as a shelter for all dogs seized
by its dog control officer and -for lost, strayed or homeless dogs.
(c) Properly shelter, feed-, water and otherwise care for 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 provisions 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 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 Agric6lture and Markets, as well as any -other records
required by law.
(h) Remit to the Supervisor of the Town all impoundment fees and
other moneys collected in carrying out the provisions of this contract.
(i) Employ, at all times' during the term hereof, trained, and
qualified personnel in sufficient number to properly perform all the duties
and responsibilities provided hereby wh.1ch shall include one qualified
full-time dog control officer and one qualified part-time dog control officer.
2 ,
Keep the shelter open daily between the hours of 8:00 A.M. to
4:00 P.M., exclusive of Sundays and Holidays. Notwithstanding the foregoing
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 the Town, as named
insured's. in -the amount of not less -than $300,000 with respect to bodily
injury,- including death of any one person and $500,000 bodily injury,
including death on account of one accident, -and not less than $100,000 with
respect to property damage on account of any one accident. Certificates of
such insurance shall be furnished to the Town.
(n) Comply with all laws, rules and regulations in the performance
of its duties and responsibilities hereunder.
(o) As 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 owith 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 shali have ten (10)
3
days from the receipt of such notice to cure the default. If the League shall
fail 4%-.o 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) 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. 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 on this contractl' 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.
(b) In consideration of the 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, 1994 to December 31, 1994
Ahe sum of ONE HUNDRED FIFTEEN THOUSAND DOLLARS AND NO CENTS
($115,000.001, to be paid to the League in twelve. equal monthly payments of
NINE THOUSAND FIVE HUNDRED EIGHTY-THREE DOLLARS AND THIRTY-
- THREE - CENTS ($9.,583.33) commencing on January 1, 1.994 and continuing
monthly thereafter.
4
4. 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 with the Town.
(c) Nothing in this contract shall be held to constitute the
parties hereto as partn,ers, 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 or '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 shall protect, save and keep the Town harmless
and indemnify the Town from and against any and all claims, losses, and
costsf 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 shal.1 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.
M Title to any furniture, furnishings, fixtures, appliances and
equipment installed by theleague at the dog sheltor shall remain vested in
5
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 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 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 d efault,
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 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.
6
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 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.
5. This contract shall be for a term of one year commencing on the 1st
day of January, 1994 and terminating the 31st day of December 1994 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 S THOLD
By: 6,
Thomas H. Wickham, Supervisor
ANIMAL I NC.
By: A-
Bruce M. Isaacs, President
7
STATE. OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On thislIth,day of January, 1994, , before me personally came THOMAS H.
WICKHAM, to melknown, who being by me duly sworn, deposes and says that
he resides at Cutchogue, New York; that he is the Supervisor of the TOWN
OF SOUTHOLD, the municipal corporation described in and which executed the
above instrument I; that he knows the seal of said corporation, that the seal
aff ixed to said i:nstrument is such corporate seal; that it was so affixed by
order of the Town Board of said corporation, and that he signed his name,
thereto by like o I rder.
JUDITH T TERRY
Notary Public,State of New York
No.52-0344963
Qualified in Suffolk County
Commission Expires May 31,19
Wd 4–v&*au�bri�c—
N ary lic Stitte of W
OW York
STATE OF NEW YORK)
ss�:
COUNTY OF SUFFOLK)
On this 1'8�'F��-�day of January, 1994, before me personally came BRUCE
M. I SAACS, to me known, who being by me duly sworn, did depose and say
that he resides' at Alvahs Lane, Cutchogue, New York, that he is the
President of the NORTH FORK ANIMAL WELFARE LEACUE, INC., the
corporation described in, and which executed the above instrument; that he
knows the, seal iof said corporation; that the seal affixed to. said instrument
is such corporate seal; that it was so affixed by order of the Board of
by like
Directors of said corporation and that he signed his name thereto
order.
H ELENE D. HORNE 400
Notary Public,State of Nevv york
: No.4951364 Notary Public State-Of New York
Qualified in Suffout county
Commissid n Expires May 22, 19 �1,3
8