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HomeMy WebLinkAboutNorth Fork Animal Welfare League THIS AGREEMENT made this 8th day of December, 1992, 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 New York, having. its principal office at Peconic, New York, hereinafter called the "League". WHEREAS, Section 114 and 115 of the Agricultural and Markets Law provides that a Town may contract for dog officer services and 'for shelter Iservices . with any incorporated humane society or 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 . . The League does hereby represent that it is legally qualified to perform all the duties on its part to be performed, u.nder the terms and conditions of this 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) 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. (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 Agriculture and Markets, as well as any other records required by law. 2 (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 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. 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 of all of its employees and advise the Town of the name, address and telephone number of such person. (I-) 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 Leaglue admit to or house at the shelter strayed or homeless dogs or hold dogs beyond the time required by law, i f the same will result in there being insufficient space or facilities for the impoundment of seized dogs. (m) Providd' and keep in force during the term hereof, public liability insurance, policies insuring the League and the Town, as named insured's, in an amount of n6t 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. Certif icates of such insurance shall be furnished to the Town. 3 (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 ;I 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 t hereof 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 consid6ration of the services to be performed by the League as herein provided, covenants and agrees as follows: (a) That during the term on 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. 4 (b) In consideration of the services to by the League as provided herein, the Town covenants and agrees to pay the, League, as follows: (i For the period from January 1, 1993 to December 31, 1993 the sum of ONE HUNDRED TEN THOUSAND DOLLARS AND NO CENTS ($110,000.00), to by paid to the league in twelve equal monthly payments of NINE THOUSAND ONE HUNDRED SIXTY-SIX DOLLARS AND SIXTY-SIX CENTS ($9,.166.66) commencing on January 1, 1993 and continuing monthly thereaf ter. 4. The parties hereto do further covenant and agree as follows: (a) All costs and . expenses incurred by the , League in the performance: 6f this Contract shall be paid when due by the League including but not limited to light, heat, maintenance, repairs, water, f uel, 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 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 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 To wn, from and against any and all claims, losses, costs, damages, suits, judgments, penalties, expenses .and liabilities of any kind or 5 nature whatsoever arising ,directly or indirectly out of or in connection with the performance by the League of the terms and conclitions 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 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 th e condition or conditions which form the basis of the notice *continues to exist, this contact shall terminate as completely as if that day were the day -herein definitely fixed for the expiration of this contract. 16 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 ail Town property in its possession, whereupon the League shall have no further rights hereunder, except to remove its property as hereinbefore provided. 6 (i) The Town and its authorized officers, agents and employees shall have the right to enter upon the dog shelter premises including a ny buildings or structures, at any reasonable time for the purpose of examining the same, conferring with 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 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. 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 conditio.n 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, 1993 and termination the 31st day of December 1993 unless sooner terminated as herein provided 7 IN WITNESS WHEREOF, the par ties hereto have hereunto set. their hands and seals the day and year first above written. TOWN OF SOUTHOLD By: ..'A-:z.-� //4� ir 4 s—, "Su SEott L. H pervisor NO j,1RK ANIMA� WELFARE LEAGUE,INC By: 7/ 14 B riece M. I saacs,. President STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 8th day of December, 1992, before me personally came SCOTT L. HARRIS, to me known, who being by me duly sworn, deposes and says t,hat he resides at Main Road, Orient, New York; that he .is the Supervisor 'of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that the knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so aff ixed by order of the Town Board of said corporation, and that he signed his name thereto by like order. Notary Public Notary JUD I ITH T TERRY PU01'C, of New Ybrk No.52 -0344963 Sufiolk COL4r Co ty 31,1 q 8 STATE OF NEW YORK). ss: COUNTY OF SUFFOLK) On this/-64day of December, 1992, before' me personally came BRUCE M. ISAACS, 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 LEAGUE, INC., the corporation described in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ry Public JUDiTh; T. TERRY Ne:ary Public, State of New York No. 5�-0344963 Quaiffied in Suffo4k County Expires May 31, 1 Q 9