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HomeMy WebLinkAboutNorth Fork Animal Welfare League THIS AGREEMENT made this ;7,;7A day of 19.80 pursuant to the provisions of Article 7 of the Agriculture and Markets Law by and between the TOWN OF SOUTHOLD, a municipal- corporation� ,of . . the-. S.tate of New York, having its principal office at Main Road, ' �Southoldl New York hereinafter called the "Town" , and INT 9211M Ww� 7-7-7 -CF;jn, a membership corporation . of the State F�.PStl EnPEAWBVE v 5M VIII/ 'ice at Southold, New York of New York, having its principal of.L hereinafter called the "League" . WHEREAS, Sections 114 and 115 of the Agriculture 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 .incorpo.rated dog protective association, and' WHEREAS, the Town desires- to contract for dog officer service and for pound or shelterservices with a humane society or- similar incorporated dog protective association, and WHEREAS., the League has offered -to enter into contract with the Town to provide such services to the. Town in accordance with the terms and conditions of this Contract . NOIA11 THEREFORE, JT IS AGREED AS FOLLOWS : , 1. The League does .hereby .represent that it is , or will be at the effective date of this Contract, legally qualified to perform all the duties on its part to be- performed under the terms and conditions of this Contract . . 2. The Lea:gue 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: Through its -duly appointed of f ic�6rs '. agents and (a) employees perform the duties and. responsibilities of ,dog control- officer' in the enforcement of the .provisions of Article 7 of the Agriculture and Markets Law and the 'rules. and 'regulations. promu.1- gated-pursuant thereto. (b) Operate and maintain at its own expense the Town dog pound at Peconic Lane, Peconic, New Yorklas a shelter and/.or pound fo r all dogs seized by its dog control officerand ,for lost., - strayed or homeless dogs. (c) - Properly shelter, feed, water .and otherwise care ,foi all dogs in the. shelter or pound. (d) Euthani.ze or make available for adoption seized dogs not redeemed as - provided in Article 7 of the Agriculture and Markets Law. (e) Comply with the provisions of Arti .'le 7. of the Agriculture and- Markets Law and any rules and regulations- promul- gated 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 Southold Town Code. (g) File and maintain complete records of . any seized and subsequent disposition-.Of any dog in the manner pres,cribed by the Commissioner of Agriculture and Markets, as well as any other records required by law. all impoundment fees and other moneys collect- (h) Rem]. ed in carrying .out the provisions of this Contract to -the Super-. visor of the - Town. (i) Employ, at alltimes during the' term hereof, trained' and qualified personnel in sufficient number to properly perform all of the duties and responsibilities provided herein which shall include 'one qualified full-time dog control officer., who -sball be on duty a miftimum-of forty (40) hours per week, and one. qualified pdrt-time dog control officer. who shall be on duty a p minimum of . sixtee.h (16). hours per .week. (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' du.ring which dogs may be viewed, redeemed or adopted. Designate a suitable person who shall exercise over all supervision of the pound or shelter and of all. of its employeeE and advise the Town of. the- name, address and teleph.one .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 ihe ,pound or shelter strayed or homeless dogs or hold dogs beyond the time. 'required .by law,. if thesamewill result in there being insufficient space or facilities .for the impoundment. of seized dogs. (m) . Provide - and. kee.p in force during the term hereof... Public Liability Insurance policies insuring the League and the ' Town- as named- insureds in an amount of not less than $300 000 with respect, to bodily injury, including death of any one person and $500, 000 bodilly 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) At its own, cost and expense, install five .additiona.1 dog runs. Jo) Comply with all laws, rules and regulations in the performance of its duties and responsibilities hereunder. (p) As assurance that it will -faithfully -and fully per- form each- and every obligation, duty and responsibility provided for herein., the League priorto -the effective date of this Contract , shall deposit with the Town Supervisor the sum of $10,000. 00. In the ev ent- of any default by the League in any of the terms and conditions of this Contract the Townshall 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 Leagub 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 levent that the League denies such default such dispute shall be resolved by a- court -lof competent jurisdiction, upon the application of eithe r party hereto. In the .event the League faithfully and fully performs each and every .obligatioh on its part to be per.- formed', then' at the expiration of this Contract according to its -terms, said deposit shall be paid over to the League. (q) Properly maintain and keep in reasonably good repair (exclusive of structural repairs) any and all property and equip- ment of the Town used by the League in its p'erformance of this Contract , including Town owned dog pound. or shelter at Peconic, New York. � -4- he expense of the League, for (r) Provide insurance at t any Town owned motor vehicle utilized by the League inthe perform ance of this Contract . .' ,Such instrance -shall include - liability insurance with limits of $100,00. 0. bodily injury, and ,$50, 00O . .' - property damage; comprehensive. insurance; and collision insurance with $100 deductible. (s)* Install -a new heating system in the. .pound or shelte:[ buildings of such size, type and design_ ,as approved by the Head of the Department -of Public Works of the Town. 'The Town in consideration of the services to be .performed 2. by the League as herein provided, covenants. and agrees as follows : ' -C (a)* That during. the. term of- this ontract , will permit the League to* occupy and operate the Town owned dog poufid* or shelter at Peconic, New York for the purpose of, pr6viding dog control officer services. and pound or shelter services for the Town. The Town - further agrees that it will at its own expense prior to the e�fective * date of this Contract : (i) Repair or' replace the existing water supply system at the 'pound to the end thatAhe same will .be frost free. (ii) Install a separate electric meter together with all required wiring and equipment, (iii) Repairi . and/or replace all existing defective doors to the. dog runs. (b)' Permit the. League to use the existing Town dog .warden vehicle, together with the radio equipment installed .there- in, f.or the .purposes o.f the League in the performance of this Contract,. until such time as the League shall obtain its own �vehiale for such uses and purposes. It is- understood by the p arties hereto that the League shall,, at its own expense, assume all costs for the operation, repair and maintenance of such Town . 1owned vehicle and equipment, including the radio maintenance (c) In consideration of the services to be provided by the League �as provided herein, the Town covenants and ,agre.es t6- pay the 'League the 'total sum of - TWENTY-EIGHT THOUSAND SEVEN HUNDRED and - no/100 ($28, 700.00) DOLLARS , which said sum shall- be paid by the Town to 'the League in twelve equal monthly payments. of $2, 39,1.67, commen cing on the effective date of *this. Contract, and continuing monthly thereafter during the .term of this Contract . 3. 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-Is 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 - constitut 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 to this Contract . Neither the Town nor the League shall be considered as theagent 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., arid- as - such be liable for its own acts . -6- (d) The League shall protect save ,and keep the Town harmless and' 'indemnify the, Town from -and against any and all claims , demands,. losses, costs,' damages, suits, judgements, penalties, e'x-, pehses. 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. " ity which will conflict or interfere with its in any other activ performa�nce- of :th e t e rms and conditions of this, Contract ., ' Title to any furniture, furnishings, fixtures., appliances and equipment installed by the League at the 'dog pound or shelter shall remain vested 'in the, League, and at the expiratioJ of' this Cont,ract,'- or on the prior fermination thereof, . As herein7 after provided, the League shall have the ,right and a reasonable time within which to remove the same and all other property belong ing to- the League.- provided, however, that such removal can be mad withoutinjury or damage to the premises . or building. (g) Except for the installation of a new heating system and the addition. of five. new dog runs. ' as hereihbe.fore provided, - 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 term.s and conditions of -this Contract, the Town may givi the League ten. ( 10) days notice of its intention to terminate this Contract, and thereupon at the expiration of, such ten' days , jif the condition or conditions which form the basis of the notice. con- tinues to exist',. this Contract. shall terminate as completely as if -7- that day were the . day, h.erein .-definitely fixed for the expiration � of thi8' Contract . In the event the League denies such. default., such dis y pute shall be resolved b a court of competent jurisdicti, on , upon the . application of either �part-y hereto. In* the event of such ferminationj the League shall forthwith surrender the premises . .-occupied -by it 'and deliver to the Town any .and all Town property ,jr] its. po-sses�;ion,-.�:lwhereupon' the League shall have no further rights.. its property as here�nbefore provided. hereunder, except to remove (i) The Town and its authorized officers, . agents and . �employeeg shall have the right to enter upon the dog pound premise including any buildings or. structures, at any reasonable timefor the purposes of examining the same, conferring with officers and/o�� employees of the. League, and. to make such necessary repairs as the Town- may deem necessary:. (j ) 'The League covenants and agrees that at the expira- tion' of the term of this Contract it will' surrender up the dog pound pKemises to the Town . in as good a condition as the s I ame existed at the date of, commencement of this Contract , normal wear and damage by the, elements excepted. (k) 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. 4 . This Contract shall be for a term of one year commencing . .on the lst day of July, 1980 or on the lst day of the month sub -sequent to the date that the League becomes fully qualified to perform this Contract , whicheverfirst occurs, and terminating on the last day of th.e twelfth month .hereafter, unless sooner termin ated 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 b Wy .l NO FO�k ANIMAL W E LEAGUE,. INC. A0 10\,\*\\""\\, by -9- STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) On -this ��'6 day 'of 1980, before me personally came WILLIAM R. PELL III , to me known, who being by me duly sworn, did d.epose and say that he resides at - 530 Anglers Road, Greenport, New York; that he is the Supervisor of the TOWN OFSOUTHOLD, 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 wa so affixe.d by order of the Town Board of said corporation and that he signed* his name hereto by like order. Notary Public L/,/ JUDITH T TERRY NOTARY PUBLIC,.8tate of New York No. 52-0344963 Suffolk County Commission Expires March 30, STATE OF NEW YORK) ss . : COUNTY OF SUFFOLK). On this day of T"A/C 1980, before me personally, dame z 16 to hie ,known, who 7 being by me duly sworn, did depose. and say that she resides ' at Z/57 1111,47 476 that she is the President -of 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. TE Notary PublA%i T a RRY NOTARY PUBLIC, State of New York No. 52-0344963 Suffolk count - - . .. I __ YC// 7 W �Z SOUTHOLD SAVINGS BANK BOX 605 r n SOUTHOLDP NEW YORK 11971 B ANCH TYPE CERTIFICATE RATE DATE OF DATE OF R NUMBER MATURITY NOTICE 01 07 16652 �12sZ560 '08/14/80 06/13/W NORTH FORK. ANIMAL WELFARE LEAGUE , ' MPORTANT P ' 0 BOX 607- SOUTHOLD 14Y 11971- .,,,.,.,PLEASE RETURN -YOUR -7 SAVINGS-tERTIFICATE/BANK BOC _�FORM "HIS COMPLET - VVITH.""T MEMBER F.D.I.C. SAV W [TH D R-A W.A L P, TO THE ,- RAN CH TIF iC`AT t J INGSBANK HOLD SAV SOUT J "PI? M DATE 10 "Its INVESTM ENT-CERTIFICATE,`� F Jw_ N ACCOUNT NO Willrl-i'! WE'ri'r,V'A Charge my Account with IN ACCOUNT , the Following _4 `7 CHECK NO.'s rrOR E,FO��OW!NG MERM,AND RAT CASH -mATuRiT-Y r)AT9- iNiTIALS ,!A.,INIMONTHS. 1 CHECK 1. 167, d" 13'2-4 0-_ �X& N '8 2. .- - ­1: 9-.-,4 8 -2/ 6/1E-_,J.A ,,­1 TZZD:�' X. TEK,` 14/8 0; �1 8 2 D Z b b'/a 8�/14/80- 3. q _J TOTAL .0 Signqture A I. 4 as your address cl�af�ged? If please ask our Iff teller for a change of address form. Make Checks Payable to: SOUTHOLD SAVINGS BANK CERTIFICATE OF DEPOSIT DISCLOSURE.STATEMENT _)v Certifcate. No Rate t-J 2. 9 Amount Term IV 3. This deposit may not be withdrawn in whole or in part prior to maturity'without the 4 of the bank except where the depositor has died or has been judicially declarod rn FUNDS REC'D BY: incompetent. In the event thate depositor has died or has been declared mentally 10corn the bank is required to honor a request for a withdrawal prior to maturity without F In all other cases withdrawal prior to maturity will be permitted only with the consent SAV 35 REV 6/78 bank which may be given only at the time a withdrawal is sought and that a penalty assessed on the amount withdrawn. The penalty will be a forfeiture of 3 months interest for V W, Certificates of Deposits.with original maturities of I year or less, forfeiture of 6 months interest for accounts with original maturities of more than 1 year. If the,amount withdrat�jn has remained on deposit for less than the minimum penalty period all interest will forfeited. When necessary to comply with the above requirem,.-its, any interest already paid to you shall be deducted from the amount requested to be wli�drawn. Please Keep Tbis'.Ratement With Your Passbook