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HomeMy WebLinkAboutNorth Fork Animal Welfare League - Animal Shelter 10//q//Lulu L3:10 V100L40:J04 rr%.LIV1L_ "_))Tina rHl7G U11V1 'ACORD,,, CER7INCATE OF LIABILITY INSURANCE DATE(MMISDM/YY) 07/09/2010 PR04ucER (516)822-6550 F As: (SIO $22-6564 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Prince Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 183 Broadway HOLDER.THIS CERTIFICAALTER THE COVERA139 AFFORD D BY HE POOLDOES NOT �ICCIIES BTENE OW. OR Hicksville, NY 11801 i INSURERS AFFORDING COVERAGE NAIC# INSURE4 Northfork Animal Welfare League xnc INSURERA: Hartford Insurance Co, i PO BOX 297 'INSURER 0 ' Southhold, NY 11971 INSUReRC- i INSURER D. i COVERAGES W. I INSURER E. - 1 HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR i--AY PERTAIN,THE INSURANCE AFFORDEE E'/THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITION$OF SUCH POLICIES AGGREGATE LIMITS SHOWN MA/I-AV!_BEEN REDUCED BY PAID CLAIMS ��((pp���,��(pp IN9R ADD'L _T I DATE MAFFECTIVE GATE 6IMIDCIVYY N' L.T IN8R1� TYPR OF INSURANOg POUFY NUMBER LIMITS GENERAL LIABILITY 1258ARK5422 07 0112010 07/012011 EACH OCCURRENCE S 1,000,00 X COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENFF13 PREMISES(EA newreficn) '� 11000,000 CLAIMS MADE X OCCUR I I MED Ew XP(Any QRgrgon) I$ 10,00 A PERSONAL R ADv INJURY S 1,000,00 GENERAL AGGREGATE is 21000,000 C+EN'L AGCRECrATE LIMIT APPLIES P!}R;I I ,PRODUCTS-COMPIOP AGG 1 S 2,000.00 PX7LICY I EGT IOC - ' C AUTOMOBILE LIABILITY ANY AUTO I I COMBINED SINGLt LIMIT j (Ea amiannt) T ALL OWNED AUTOS 1 BODILY INJURY SCHEDULED AUTOS (Pet poran) I HIRED AUTOS NON-OWNED ALTOS I 2ODI1 Y INJURY 3 (Pa-XrWem) 1 ' PROPERTY UAMAGS fFaraccdAm) I S GARAGE UA8imw ANVAtIYO AUTO ONLY-EA ACCIDENT $ ' EA ACC S I OTHFA THAN , I AUTOONLY. AGG I S EXCESS I UMBRELLA LIABILITY I 12SBARKS422- 07/01/x010 07/01/2011 EACH OCCURRENCE $ 11000,00 X Orr-,UR CLAIMS MADE ( AGGREGATE I A S 1,000,000 DEDUCTIBLE S X RETENTION 1 10,000 s WORKERS COMPENSATION I .2 AND EMPLOYERS'LIABILITY TO Y 1 PLI U. IMI TS FR ANY rROPRIETORIPARTNERIEXECUTIVE OFMCCRIMEMRER EXCLUDED � I E L.EAGHACGiOENT $ (MandmiaryIA NH) If yyes 0sviba U'Idni i E.L OMAME-EA 6MpLOvEEI S SPECIAL PROVISIONS nnloty ' OTHER --- 21 DISEASE-POLICY LIMIT•$ I$$CRIPTION OF OPERATIONS I LOCATION$J VEHICLES B.YCLU$ION$ADDED BY ENDORSGMENT I SPECIAL PROVISIONS ertificate Holder as Landlord (If premises (269 Peconic Land, Peconic, NY) is Additional Insured. :ERTIKICATE HOLDER � CANCELLATION SHOULD ANY OF THE AGM oeserdBEp POLopr.It CANCELLED BEFORE THE EXPIRATION DATE T•H EREOF,THE 1$$UING INSURER WALL ENDEAVOR TO MAIL 30 DAYS wR1TTEN Town of Southhol d NOTICE TO TNG CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO$HALL Att! Town Clerk IMPOSE NO OBLIOATION OR LIAMLITY Or-ANY KIND UPON THE INSURCA,ITS AGENTS OR P-o. Bok 1179 : 'A R6SENTATRICS. Southold, NY 11971 AUTFIOMEDREPRESENTATMB .Linda Godnick LINDA .C'ci:cfrr 4'4 CORD 26(2069l01) ®1988.2008 ACORD CORPORATION. All rights reaeiived. 1 ho ACORo name And logo oro registered markn of ACORD �gUFFO(K�� - RESOLUTION 2016-273 ag ADOPTED DOC ID: 11708 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-273 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 8, 2016: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the North Fork Animal Welfare League, Inc. for the operation of the Southold Town Animal Shelter, subject to the approval of the Town Attorney. /IMy k Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell i AGREEMENT BETWEEN THE TOWN OF SOUTHOLD AND THE NORTH FORK ANIMAL WELFARE LEAGUE OPERATION OF THE SOUTHOLD TOWN ANIMAL SHELTER THIS AGREEMENT, is entered into as of March 1St, 2016 (this "Agreement"), 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 State of New York, having its principal office at 53095 Main Road, Southold,New York,hereinafter called the"Town", and the North Fork Animal Welfare League, a Section 501(c)(3)not for profit corporation of the State of New York, having its principal office at Peconic,New York,hereinafter called the"Shelter Operator"; WHEREAS, Sections 113 and 114 of the Agriculture and Markets Law provide that a Town may contract dog control officer and animal shelter services with an incorporated humane society or similar incorporated dog protective association; WHEREAS,the Town desires to contract for dog officer and animal shelter services with the Shelter Operator; WHEREAS,the Shelter Operator desires to provide such services for the Town in accordance with the terms and conditions set forth in this Agreement; WHEREAS,the Shelter Operator carries out other activities related to animal welfare and not funded by the Town on the Town Animal Shelter premises; NOW, THEREFORE, in consideration of the covenants and the promises contained herein, the parties mutually agree as follows: #4825-1885-1881v6 1) SHELTER OPERATOR DUTIES. Within the Town of Southold,which includes the Village of Greenport,the Shelter Operator, through its officers, agents and employees, shall provide the following services: a. Perform the duties and responsibilities of dog control officer in accordance with the provisions of Article 7 of the Agriculture and Markets Law, including: 1. Assisting, within the Town of Southold,with the control of dogs and enforcement of Article 7 of the Agriculture and Markets Law and Chapter 83, Article II of the Town Code. 2. Issue appearance tickets pursuant to Section 150.20 of the New York State Criminal Procedure Law,to serve summonses, and to serve and execute any other order or process in the execution of Article 7 of the Agriculture and Markets Law and Chapter 83, Article II of the Town Code. 3. Serve process, including appearance tickets, a uniform appearance ticket, and a uniform appearance ticket and simplified information, related to any proceeding, whether criminal or civil in nature, undertaken in accordance with the provisions Article 7 of the Agriculture and Markets Law and Chapter 83,Article II of the Town Code. 4. File and maintain records relating to dogs handled in the performance of this Agreement, as set out in Section 1(f)below, for not less than three years and file all such records with the Town Clerk on a monthly basis and make such reports available #4825-1885-1881v6 2 to the Commissioner of the Department of Agriculture and Markets upon request. b. Operate and manage the Town Animal Shelter at Peconic Lane, Peconic,New York(the"Shelter"), as a shelter and provide care for dogs seized by the Shelter Operator's dog control officer and for lost, strayed or homeless animals (defined herein as all animals at the Shelter) that are received into the Shelter from within the Town of Southold boundaries. c. Make available for adoption or euthanize any animals or seized dogs not redeemed as provided for in Article 7 of the Agriculture and Markets Law and pursuant to the Shelter Operator's adoption and euthanasia policies. d. Comply with and enforce the provisions of Chapter 83, Sections 6 and 7 of the Code of the Town of Southold. In the event that an on-duty 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 Shelter Operator of the time and place of delivery, and the Shelter Operator shall assume all reasonable and necessary medical expenses incurred by said dog. e. Pay for all reasonable and necessary medical expenses incurred with regard to the treatment of lost, strayed or homeless animals and dogs at the Shelter. f. Maintain accurate and complete records of all animals it handles in the performance of this Agreement and provide copies of said records to the Town Clerk on a monthly basis. With respect to dogs handled by the Shelter Operator pursuant to the provisions of Article 7 of the Agriculture and Markets Laws,this information shall be maintained and submitted to the Town Clerk on approved 44825-1885-1881v6 3 forms from the Dog Control Officer and Shelter Manual issued in March, 2014 by the New York State Department of Agriculture and Markets. The records shall contain the following information: 1. Description of the dog (breed, color, sex), date and hour of seizure, official identification of such dog(if any),the location where seized, reason for seizure, and owner's name and address, if known. 2. All citizen complaints regarding animals. 3. All dangerous or potentially dangerous animals and dog bite incidents. 4. All appearance tickets issued, and summons or other process issued pursuant to Section 1(a)(1)-(3) above and their disposition. 5. Date, time, location,reason and manner in which the animal was obtained. 6. Length of time the animal was placed in the Animal Shelter facility. 7. Final disposition of animals, including number of animals euthanized or adopted. With respect to all other animals handled by the Shelter Operator,the Shelter Operator shall maintain the above information on Reporting Forms of the Shelter Operator, and it shall provide these forms to the Town Clerk on a monthly basis. #4825-1885-1881v6 4 g. Remit to the Town Clerk all license,redemption, and adoption fees collected in carrying out the provisions of this contract on a weekly basis. h. Employ at all times during the term hereof such trained and qualified personnel as are necessary to properly perform the duties and responsibilities specified herein, including one qualified full-time Dog Control Officer and one qualified part-time Dog Control Officer. The Shelter Operator has designated Gabby Glantzman as the full time Dog Control Officer and Tammy Henderson as the part time Dog Control Officer. In the event that these designees shall be changed for any reason, the names and resumes of their replacement shall be submitted to the Town Clerk by the Shelter Operator within 72 hours. i. 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 provisions,the Shelter Operator may establish reasonable hours during which animals may be viewed, redeemed or adopted. j. Gillian Wood Pultz shall exercise overall supervision of the Shelter and for all of its employees. The contact information for Ms. Pultz is 631-433-4555. If the Shelter Operator designates an alternative person to supervise the Shelter,the Shelter Operator shall notify the Town Clerk in writing within 72 hours. k. In the exercise of its discretion, admit strayed or homeless animals and hold animals beyond the time required by law,provided, however,that in no event shall the Shelter Operator admit or house at the Shelter, strayed or homeless animals or hold animals beyond the time required by law, if the same will result in there being insufficient space or facilities for the impoundment of seized dogs. #4825-1885-1881v6 5 1. Provide and keep in force during the term hereof, public liability insurance policies insuring the Shelter Operator and its authorized agents or employees and naming the Town as an additional insured in the amount of not less than $1,000,000 per occurrence for bodily injury and/or property damage and a $2,000,000 aggregate limit. Certificates of such insurance shall be furnished annually to the Town Clerk on or before the expiration of the existing certificate. m. Prior to the execution of this Agreement,the Shelter Operator shall deposit with the Town Clerk the sum of$15,000.00;provided that, for the avoidance of doubt, it is understood and agreed that the deposit of$15,000.00 made by the Shelter Operator to the Town Clerk pursuant to that certain agreement between the Shelter Operator and the Town, dated as of June 1, 2011, shall be deemed to constitute satisfaction of the obligation of the,Shelter Operator pursuant to this sentence. The purpose of this deposit is to secure the faithful performance of the Agreement and any damage to the Shelter or equipment owned by the Town within the Shelter, as provided for in Section 3(i) below. In the event the Shelter Operator faithfully and fully performs each and every obligation on its part to be performed,then at the expiration of this Agreement, according to its terms, said deposit shall be paid over to the Shelter Operator. n. The Shelter Operator will immediately notify the Department of Public Works when any system or equipment needs repair. o. Pay for the telephone service and garbage removal_at the Shelter. p. Provide worker's compensation and disability insurance as may be required by law for any person working at the Shelter or performing services for the Shelter #4825-1885-1881v6 6 Operator required to be performed under this Agreement. Certificates of such insurance shall be filed annually with the Town Clerk on or before the expiration of the existing certificate. q. Keep on file with Town Clerk and deliver upon the execution of this Agreement copies of the Shelter Operator's current Certificate of Incorporation and any amendments thereto and current By-Laws. 2) TERM AND TOWN DUTIES. The term of this Agreement shall be for a period of ten(10) years commencing on March 1, 2016. The Town, in consideration of the services to be performed by the Shelter Operator as herein provided, covenants and agrees that it will, during the term hereof: a. Remit to the Shelter Operator the amounts set forth below for the indicated year (the`Base Amount"), said amounts to be paid in twelve equal monthly payments on the 15th day of each month for the preceding month. b. Commencing on March 1, 2017 the Base Amount shall be adjusted as of the first day of each year set forth below during the term of this Agreement to reflect-any increase in the Index Ratio (as defined below) in the preceding year(which increase shall in no event be less than zero): YEAR BASE AMOUNT March 1, 2016—February 28, 2017 $222,484.00 March 1, 2017 - February 28, 2018 $227,484.00 March 1, 2018 - February 28, 2019 $232,484.00 March 1, 2019 - February 29, 2020 $232,484.00 March 1, 2020 - February 28, 2021 $232,484.00 #4825-1885-1881v6 7 March 1, 2021 - February 28, 2022 $232,484.00 March 1, 2022 - February 28, 2023 $232,484.00 March 1, 2023 - February 29, 2024 $232,484.00 March 1, 2024 - February 28, 2025 $232,484.00 March 1, 2025 - February 28, 2026 $232,484.00 For purposes hereof, "Index Ratio' shall mean, at a particular time, a fraction,the denominator of which shall be the Consumer Price Index for All Urban Consumers (Base 1982-1984=100) published by the U.S. Bureau of Labor Statistics for the entire United States of America("CPP') in June 2015 (for the twelve-month period then ended), and the numerator of which shall be the CPI published in June(for the twelve-month period then ended) of the year ended immediately prior to the date of calculation. If for any reason the Bureau of Labor Statistics does not furnish such an index and such information for the eUnited States of America, the Town and the Shelter Operator shall thereafter accept and use such other index, or comparable statistics on the cost of living for the consumer in the United States of America, as shall be computed and published by an agency of the United States of America, or by a responsible financial periodical or recognized authority, then to be selected by the Town and the Shelter Operator. c. Permit the Shelter Operator to occupy and operate the Shelter for the purpose of providing the services hereunder and to carry out such activities as are consistent with its current certificate of incorporation. #4825-1885-1881v6 8 d. The Town will provide certain fixtures, furnishings and equipment(FFE) for the provision of animal shelter services. These items shall remain the property of the Town and shall be maintained in accordance with reasonable use, and the Shelter Oper ator may not remove any FFE from the premises or replace any FFE without prior approval of the Town. The Town will provide grounds maintenance, including grass cutting, weeding, and snow removal around buildings and exterior kennels. The Town shall keep the Shelter in good repair including the plumbing, heating and electrical systems. Repairs and maintenance to the Shelter shall be in the Town's discretion which shall be reasonably exercised. e. The Town shall pay the fuel, electricity,water and other utility expenses of the Shelter. 3. GENERAL COVENANTS. The parties hereto further covenant and agree as follows: a. The Shelter Operator hereby represents that it or its employees or authorized agents are legally qualified to perform all the duties on its part to be performed under the terms and conditions of this Agreement. b. Nothing in this Agreement shall be held to constitute the parties hereto as partners, or authorize either party to contract any debt, liability or obligation for or against or behalf of the other party hereto.Neither the Town nor the Shelter Operator 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 Agreement shall not be deemed or construed as a contract of agency. The Shelter Operator shall be #4825-1885-1881v6 9 deemed throughout the term hereof as an independent contractor and, as such, be liable for its own acts. c. The Shelter Operator 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 Shelter Operator of the terms and conditions of this Agreement other than to the extent arising from the Town's gross negligence or willful misconduct,as determined in a final judgment in a court of competent jurisdiction. d. Furniture, furnishings, fixtures, appliances and equipment installed by the Shelter Operator at the Shelter shall remain vested in the Shelter Operator and, at the expiration of this Agreement or on the prior termination thereof, as hereinafter provided,the Shelter Operator shall have thirty(3 0) days within which to remove the same and all other property belonging to the Shelter Operator provided, however, that such removal can be made without injury or damage to the premises or building. The Shelter Operator shall notify the Town prior to the installation of any fixtures, appliances or equipment. The Town reserves the right to prohibit the installation of any and all fixtures, appliances or equipment which are determined, the Town's sole discretion,to pose a safety risk of which may result in an increase to the operating costs of the shelter. #4825-1885-1881v6 10 e. The Shelter Operator shall make no major alterations, renovations or additions to the dog shelter premises or the building without prior written approval of the Town Board. f. In the event that either party defaults in fulfilling any of the terms or conditions of this Agreement,the other parry may give sixty (60) days written notice of its intention to terminate this Agreement. The defaulting party shall have ten(10) days from the receipt of such notice to cure the default. In the event that the Shelter Operator shall fail to cure an alleged 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 Clerk. In the event that the alleged default is denied, or if the amount in controversy exceeds the $15,000 deposited in accordance with Section 1(m),the parties agree to engage in a dispute resolution process, either by employing a mediator or mediation service that.is agreeable to the parties hereto or by direct negotiations within thirty(30) days of receipt of the notice of intention to terminate the Agreement. If at the expiration of sixty (60) days from the notice of intention to terminate the Agreement,the condition or conditions which formed the basis of the notice continue to exist,this Agreement shall terminate completely as if that day were the day herein definitely fixed for the expiration of this Agreement. In the event of such termination,the Shelter Operator shall forthwith surrender the Shelter occupied by it and deliver to the Town any and all Town property in its possession, whereupon the Shelter Operator shall have no further rights or responsibilities hereunder, except to remove its property as provided herein. #4825-1885-1881v6 11 g. The Town and its authorized officers, agents and employees shall have the right to enter upon the Shelter including the buildings or structures, at any reasonable time for the purpose of examining same, conferring with the officers and/or management of the Shelter Operator, and to make such necessary repairs as the Town may deem necessary. h. The Shelter Operator shall provide the Town with an audited financial report on a yearly basis. It shall also provide the Town with a quarterly performance report of work performed under this Contract that includes the following: 1. Activities for the previous quarter, with emphasis on problem areas in enforcement and licensing. 2. New enforcement methods or programs planned for the upcoming quarter. 3. Whether or not any changes in policy will take place from past practices in the upcoming quarter. 4. Any recommendations to the Town Board or the Animal Shelter Oversight Committee concerning animal control, fees, licenses, and animal regulatory ordinances. 5. Financial compilations. i. The Shelter Operator covenants and agrees that, unless this Agreement is renewed or extended by agreement of the parties, at the expiration of the term of this contact, it will surrender the Shelter to the Town in good repair, normal wear and tear excepted. Within one day of the surrender of the Animal Shelter to the Town, the Town shall inspect the premises and notify the Shelter Operator of any damage or repairs deemed caused by the Shelter Operator. The Shelter Operator #4825-1885-1881v6 12 shall have seven(7) days to respond and/or arrange for the repair or replacement of damaged equipment. If the Shelter Operator fails to respond or repair and/or replace said items, the Town may take reasonable steps to repair such damage and may retain the cost of the repair and/or replacement from the deposit referred to in Section 1(m) of this Agreement to defray the costs of repair/replacement. j. The Shelter Operator shall not assign this Agreement or subcontract or otherwise engage any other organization to perform the work and services to be performed hereunder without the express written approval of the Town. k. In the event Federal, State or County laws, rules or regulations require the Shelter Operator to incur additional expenses to provide the services the Shelter Operator has agreed to provide herein,the Town agrees to negotiate with the Shelter Operator with regard to such additional expenses. 1. This Agreement will be governed by and construed in accordance with the laws of the State of New York. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF SO HOLD By: /a." SC-oft A. Russell, Supervisor NORTH O NINIAL WF �EAGUE, INC. By: cDermott, President'J�� #4825-1885-1881 v6 13 STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) iF On the day ' A64 in the year 2015 before me personally came Scott A. Russell to me known, who, being by me duly sworn, did depose and say that he resides in theTown of Southold; that he is the Supervisor of The Town of Southold, State of New York,the municipal corporation described in and which executed the above instrument; and that he signed his name thereto by resolution and authority of the Town Board of the Town of Southold. William M. Duffy Notary Public, State of New York No. 02D46127028 Qualified in Suffolk County G-r Commission Expires May 23,2042 Notary Publi STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) On the day of in the year 2015 before me personally came Dennis McDermott,,to me known,who,being by me duly sworn, did depose and say that she resides in the'Town of Southold; that she is the President of the North Fork Animal Welfare League,the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the Board of Directors of said Corporation. Notary Public #4825-1885-1881v6 14