SECOND AMENDMENT, effective as of the first day of September, 1996 to an Agreement dated the first day of September, 1994 between the City of New York ("City") acting through the Commissioner of Health ("Commissioner") of the New York City Department of Health ("Department" or "DOH") having its principal office located at 125 Worth Street, New York, NY 10013 and Center for Animal Care and Control (the "Center" or the "Contractor" or the "Corporationn") a not-for-profit corporation having its principal office located at 11 Park Place, New York, NY 10007
W I T N E S S E T H
WHEREAS, the Department entered into an Agreement with the Contractor for the term of Scptember 1, 1994 through December 31, 1997 with a Maximum Reimbursable Amount of $5,253,894 for the budget period from September 1, 1994 through December 31, 1995 to promote or provide animal control functions; and
WHEREAS, by the First Amendment $4,921,404 in additional funds were made availabte for the period from January 1, 1996 to December 31, 1996; and
WHEREAS, by this Second Amendment the Corporation agrees to provide the City with abstracts of meetings of the Board relating to this Agreement; and
WHEREAS, the Contractor is willing and able to comply with this condition;
NOW THEREFORE, in consideration of the mutual promises and covenants herein set forth, the parties agree as follows:
PART I
MODIFICATIONS
1. Article IV (additional Contractor Reports and Records) section (C) (Abstract of Minutes of Meetings of Board of Directors) is deleted and the following provision substituted therefore:
"The Corporation shall submit to the City an abstract (the "Abstract") of the minutcs of all meetings of the Board of Directors of the Corporation. Such Abstract shall contain a summary of all resolutions and final determinations of the Board relating to the terms and conditions of this Agreement. The Abstract shall be submitted to thc City with the next monthly report after it shall have been approved by the Board. The Corporation agrees that Abstracts, once submitted to the Departmcnt, are records subject to the Freedom of Information Law.
2. Except as expressly modified herein, all the terms and provisions of this Agreement remain unchanged and in full force and effect.
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IN WITNESS WHEREOF, the City has caused these presents to be executed in triplicate by the deputy Commissioner and the Contractor has caused these presents to be executed by the duly authorized officer and its corporate seal to be hereunto affixed as of the day and year first above written.
THE ClTY OF NEW YORK
BY: /s/ James Capoziello
Deputy Commissioner of Health Support Services
NYC Department of Health
(Corporate Seal)
Center for Animal Care and Control
BY: /s/ Martin B. Kurtz
TlTLE: Executive Director
(President or Vice President)
STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 21st day of Oct.,1996 before me personally came James L Capoziello, to me nown and known to me to be the Deputy Commissioner of Health Support Services of the Department of Health of the City of New York, thc person described in who, as such Deputy Commissioner, executed the foregoing agreement, and he duly acknowledged to me that hc Yecuted the same on behalf of the City of New York and the Department of Health for the purpose herein mentioned.
/s/ Darriel Halton
Notary Public of Commissioner of Deeds
[stamp]
DARRIEL HALTON
NOTARY PUBLIC, State of New York
No. 01HA5062350
Qualified in Bronx County
Commission Expires June 24, 1996
STATE OF NEW YORK)
ss.:
COUNTY OF NEW YORK)
On this 10th day of October, 1996 before me personally came Martin Kurtz who being by me duly sworn, did depose and say that (s)he resides in the City of . . . . . . . . . . ; that (s)he is the Director of Center for Animal Care and Control the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that (s)he signed his/her name thereto by like order for the purposes therein mentioned.
/s/ Douglas Mansfield
Notary Public of Commissioner of Deeds
[stamp]
DOUGLAS M. MANSFIELD
NOTARY PUBLIC, State of New York
No. 31-02MA5038449
Qualified in New York County
Commission Expires Jan. 23, 1997