HomeMy WebLinkAboutNorth Fork Animal Welfare League THIS AGREEMENT made thisS/tt�day of July, 1991, pursuant to th-e 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 ANPAL' W ELFARE, LEAGUE, INC., a m* embership
corporation of the State of New York, 'having its principal office at Peconi6, -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 pound or shelter
services with any incorporated humane society or similar incorporated dog
protective association; and
WHEREAS, the Town desires to contract for dog off ice'
r services and for
pound or 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 condition's o f.
this 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. under the terms and conditions of, this
Contract.
2. The League in considera tion of the payment- to it by the ToW'n 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 empl 6yees. perform
the duties an-d,. responsibilities. of dog .control officer in the enforcement, of the
provisions of Article 7 of the Agricultural and Markets Law and the rules and
regu,lations 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 dog pound at
Peconic Lane, Peconic, New York, as a shelter and/or pound 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 or pound.
(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 Algricultural and
Markets Law and any rules and regulation's promulgated pursuant thereto in
relation to the seizure, hold.ing, care, redemption and disposition of seized dogs.
(f) - Comply with and enforce the provisions of Chapter 38 of the
Southold Town Code. 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 and subsequent
disposition of any dog in the manner prescribed by th 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-
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.
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(j) Keep the pound or 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 pound or she Iter and of 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 pound or 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 an
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 with t1he Town Supervisor the
sum of $5,000.00. In the event of any default by the League in' any of the terms
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and conditions of this' Contract, 'the Town shall give written notice thereof to the
League whereupon the League shall have ten. (10) day's from the receipt of such
notice to cure the default. If the League' shall fall 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 Contra ct, 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 pound
or 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 of this Contract, it will- permit the League to
occupy and operate the Town owned . dog pound or shelter at Peconic, New, York
for the purpose of p�oviding dog' control officer services and pound or shelter
services for the Town.
(b) In consideration of the services to be' provided by the League as
provided herein, the Town covenants and agrees to pay the League as follows:
M For the period from August 1, 1991 to July 31, 1992, the sum
of ONE HUNDRED THIRTY THOUSAND DOLLARS AND NO CENT ($130,000.00), to
be paid to the league in twelve equal monthly payments of TEN THOUSAND
EIGHTY HUNDRED THIRTY-THREE DOLLARS AND THIRTY-THREE CENTS
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($10,833.33), commencing on August 1. 1991 and continuing monthly thereafter to
and including July 1, 1992.
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 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 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, 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.
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Title to any f urniture, furnishings, fixtures, appliances and
equipment installed by the league at the dog pound or shelter shall remain vested
inAhe League, and at the expiration of this Contract, or on the prior termination
thereof,' asl,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 pound 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 'Eeague 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. l,n 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 dog pound premises including any 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.
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The League covenants and agrees that at the expiration of the term
of this Contract it will surrender up the dog pound 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 expe cted.
(k) The League shall not assign this Contract, nor any7of the ,work or
services -to be performed hereunder without the exp�ess written approval of the
Town.
(5) This Contract shall be for a term of one year commencing on the 1st day
of August, 1991, and terminati'ng on the 31st day of July, 1992, unless sooner
terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have hereunto set their-han' ds and
seals, the- day and year first above written.
TOWN OF SOUTHOLD
By:
Scott L. Ha&is; Supgrvisor
NORTH FORK ANIMAL WELFARE LEAGUE, INC.
By:
.Mildred Boyce, Presidenv
7
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this,-f/4ay of July, 1991, before me personally came SCOTT L. HARRIS,
to me known, who being by me duly ,sworn, deposes and says that he resides at
Main Road, Orient, New York; that he Js the Supervisor of the TOWN OF
SOUTHOLD, the municipal 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 Town
Board of said corporation, and that he signed his name thereto by like order.
,-�Ndtar y- Public
JUDrrH T TERRY
STATE OF NEW YORK) Notary Pub!ic,State of New York
No.52-0344963
ss: Qualified in Suffolk county
COUNTY OF SUFFOLK) Commission Expires May 31.19—
On thisog/'Iday of July, 1991, before me personally came MILDRED BOYCE, to
me known, who being by me duly sworn, did depose and say that she resides at
Soundview Avenue, Southold, New York, that she is the President of the NORTH
FORK ANIMAL WELFARE LEAGUE; INC., the corporation described in, and which
executed the above instrument; that she 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 she signed. her
name thereto by like order.
Wotary Public 6(
JUDITH T TERRY
Notary Public,State of New Yft
No.52-0344963
Qualified in Suffolk Co n
commission Expires may 03u,79-
8
AGREEMENT
THIS AGREEMENT made the day_ of 147r�, 1992'1' between the ,TOWN OF
SOUTHOLD, a municipal corporatio.n of the State of New York, having its principal
office at Main Road, Southold, New York (hereinafter "Southold"), and the
NORTH FORK ANIMAL WELFARE LEAGUE, INC., a not for profit organization of
the State of New York, having its principal office at Peconic, New York, P.O. Box
297, Southold, New York 11971 (hereinafter "League").
WHEREAS, the League is presently under contract with Southold to provide
dog officer services and pound and shelter services to the Town of Southold for a
term of one year, commencing on July 31, 1991 and terminating on August 1, 1992,
WHEREAS, the League and Southold are desirous of extending this contract to
December 31, 1992,
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
FIRST: The contract dated July 3 1, 1991 is hereby extended until December.
31, 1992. Except for the paragraphs set forth below, the terms and conditions of
the July �1, 199f contract shall remain the same and in full force and effect.
The League shall receive monthly payments of $10,833.33 for the term of this
agreement.
SECOND: 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.
THIRD: The League and the Town will compi le' a current list of that
equipment, furniture, Jurnishings, fixtures, appliances installed by the League
and a similar list of those items and equipment installed by the Town�
FOURTH: The) League wi.11 make a best. effort to separate League expenses
from Town expenses and provide a monthly report thereof.
IN WI TNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
TOWN OF SOYTHOLD
By:
Scott L, Aarris, e,rvisor
NORTH FORK ANIMAL WELFARE LEAGUE, INC.
By: ,CX�
STATE .OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this 44- day of 1992, before me personally came SCOTT L. HARRIS
to me known, who being by me duly sworn, deposes and says that 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 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
Town Board of said corporation, and that he, signed his name thereto by like order.
t a*rPP u bb Vi c
IVIPMEWMKIERNAN
&IM Publi;State of Now York
No.4948178
Oualified In Suffolk County
Cornnilssion Expires March 6.1993
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this S+k day of 4trfy, 1992, before me personally' came M'Ijkre� 864rr.
to me known, who being by me duly sworn, did depose and say heishe resides
atl-3s3o&.-.k,s%-��A2g,gc-k�N%�q.that 4-m4she is the of the
NORTH FORK ANIMAL WELFARE LEAGUE, INC., the corporation described in, and
which executed the above instrument; that helshe 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
she signed her name thereto by. like order.
Notaf,,/( Public
ELIZA13ETH ANN NEVILLE
Nota Public,State of New York
No.57-8125850,Suffolk Coitnty
Term Expires October 31,1