The following is the text of
the 1998 Contract between the NYC Department of Health
and The Center for Animal Care and Control, Inc.
AGREEMENT effective as of the first day of January, 1998 between THE CITY OF NEW YORK, (the "City"), acting by and through the Commissioner of Health (the "Commissioner") of the Department of Health (the "Department") of the City and THE CENTER FOR ANIMAL CARE AND CONTROL (the "Center" or the "Contractor" or the "Corporation"), a not-for-profit corporation having its principal office all 11 Park Place, New York, New York 10007.
W I T N E S S E T H
WHEREAS, the Department has jurisdiction under the City Charter to regulate all matters affecting health within the City of New York including the control of disease and conditions hazardous to life and health, and the abatement of nuisances affecting or likely to affect public health; and
WHEREAS, pursuant to Chapter 179 of the Laws of 1987, the City is authorized to maintain, in each Borough, shelters or facilities for animals and has designated the Department as the agency to exercise such authority and powers; and
WHEREAS, within the Department there exists the Bureau of Veterinary Public Health Services (the "Bureau") under the direction of the Commissioner's designee (the "Director") having the power and duty to administer Departmental programs relating to the impact of animals on public health, including, but not limited to, issuing dog licenses, collecting fees therefor, seizing unlicensed dogs and cats whose owners cannot be identified, the surveillance of animal bites, the surveillance of rabies, the investigation of all animal related diseases, the inspection of animal shelters and holding facilities; and
WHEREAS, the Contractor was established as a not-for-profit corporation under Section 201 of the Not-For-Profit Corporation Law, in part, for the public purposes of seizing animals deemed to be a threat to the public health, providing and operating facilities to shelter, hold, examine, test, treat, spay, neuter, place for adoption, assure humane care and disposition of and otherwise control animals which the Corporation or the City has seized or accepted for shelter; and
WHEREAS, pursuant to an Agreement dated September 1, 1994, the Corporation successfully performed animal control functions and duties on behalf of the Department and City, including but not limited to those authorized by the New York City Dog License Law (Chapter 115 of the Laws of 1894. As amended) the New York State Public Health Law, the New York City Health Code, the New York administrative Code, and rules and regulations promulgated thereunder; and
WHEREAS, the Department wishes to exercise its option to renew this Agreement for one additional three year period;
NOW, THEREFORE, in consideration of the mutual promises herein contained. the parties hereto agree as follows:
PART I
TERM, SCOPE OF SERVICES, PAYMENT, ETC.
I. TERM
The term of this Agreement shall commence on January 1, 1998 and shall terminate December 31, 2000, unless terminated at an earlier date as hereinafter provided (the "Term").
II. SCOPE OF SERVICES
a. The Contractor shall provide animal seizure, shelter and care services (the "Services") and related services (the "Related Services") all in the manner set forth in the "Scope of Services", annexed hereto and incorporated herein as Annex "A".
b. Other Provisions Applicable to the Services/Related Services
(1) The Contractor shall meet all its obligations under this Agreement in accordance with all federal, state and local laws, rules and regulations pertaining hereto.
(2) The Contractor shall meet all its obligations under this Agreement in a humane manner and respecting the rights of the owners of animals as required by law.
(3) The Contractor shall provide all reports required to be provided under this Agreement on a timely basis and shall provide all other reports ( and other information) when and as requested from time to time by the Department.
(4) Each party shall, upon request and reasonable notice, meet with representatives of the other party with reasonable frequency to discuss reasonable and appropriate additional accounting principles and procedures, or other matters, to be used by the Contract.
III. REIMBURSEMENT; BOOKS AND RECORDS; AUDITS
(a) Maximum Reimbursable Amount
The Maximum Reimbursable Amount of this Agreement shall not exceed $16,239,671 in accord with the line item budgets which are attached hereto and hereby made part of this Agreement as Annex B. Of this total, the amount of $5,432,413 shall be available from January 1, through December 31, 1998. The Center for Animal Care and Control may overspend its yearly budget by 5% for any individual budget year but cannot exceed $16,239,671, the 3 year Maximum Reimbursement Amount of the contract. It is understood that with regard to funding for the second and final budget periods, this contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the City beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer, creates any legal or moral obligation to request, appropriate or make available additional monies for the purpose of the contract.
b. Schedule of Payments and Recoveries
(1) On or about January 1, 1998 the City shall make an advance payment for the first budget period described above in the amount of $254,159. Thereafter, the City shall, on or about the first day of each month, make an advance payment as follows:
January-June, 1998 - $453,068.50
July-December, 1998 - $452,333.67
(2) The City's advance, as described above, shall be deposited by the Corporation in a money market bank account, earning interest at prevailing rates, and will be drawn upon by the Corporation as needed to meet the actual expenditures incurred while fulfilling its responsibilities under this Agreement.
(3) Upon delivery of the Corporation's Final Report required by section (d) below, the Corporation shall also remit to the City, by check made payable to the Comptroller of the City of New York, the net interest earned in the money market bank account wherein the City 's advances were deposited. The calculation of net interest earned will be the total interest earned less any interest due to the Corporation for delays experienced in receiving monthly advances from the City as stipulated in subsection 111 (b)(1) above.
(4) Upon delivery of the Corporation's Final Report containing a comprehensive statement of actual expenditures and revenue pursuant to section (d) below, the City shall pay to the Corporation an amount equal to the difference between the cumulative approved net actual expenditures for the period, such net expenditures reported in accordance with the line item budget contained in Annex B, the specifications contained in subsection IlI(b)(5) below, and the cumulative payments made, consisting of the initial payment, subsequent payments, and the succeeding monthly advance payments. In the event that cumulative approved net actual expenditures for each budget period are less than the cumulative advance payments, the Corporation shall remit to the City the excess amount in a check made payable to the New York City Department of Health upon submission of the Final Report.
(5) The Contractor shall be reimbursed for, and the Final Report may include miscellaneous expenditures incurred in providing the Services including such items as advertising, petty cash, in-town travel, and conferences and seminars, within the line item limits set forth in Annex B.
(6) All income or revenue of any kind, irrespective of source, whether earned, donated or otherwise acquired by the Contractor, including but not limited to fees derived or paid to the Contractor from or as a result of shelter services and activities, gifts and donations, grants, earned interest and unclaimed liabilities converted to unobligated assets of the Contractor, shall be deemed "revenue." All such revenue shall be itemized and reported to the Department quarterly. The Quarterly Revenue Report shall be made in a form designated and approved by the Department, shall fully disclose all information required by the Department, and shall be subject to Department audit.
All revenue derived directly or indirectly from or as a result of shelter activities funded or paid for by the Department, such as fees charged for services relating to adoption, placement for adoption of animals, and shelter fees up to the amount specified in Annex B shall be fully credited to the City under this Agreement and the Contractor agrees to assume the generation of such amount as an obligation to be performed under the terms of this Agreement. Gifts, donations and grants shall not be deemed revenue derived from or as a result of shelter activities.
All revenue generated in excess of the amount specified in Annex B shall be used by the Contractor to further Corporate purposes as set forth in the Corporation's Certificate of Incorporation or, in the event of gifts restricted or directed as to use, for the uses specified by the donor. The Contractor shall provide to the Department annual financial statement detailing the use and accounts to which all such revenue was applied.
The Contractor shall maintain interest bearing escrow accounts as may be necessary, including an account for adoption receipts in an amount sufficient to honor vouchers issued for spaying and neutering services of veterinarians not employed by the Contractor, and receipts and deposits for animal traps and return of deposits. Unclaimed voucher amounts and unclaimed deposits (liabilities of the Contractor) as well as interest earned on such accounts shall, upon the conversion of such unclaimed liabilities to unobligated assets of the Contractor, be deemed revenue to be credited to the City as part of the Contractor's revenue production obligation set forth in Annex B. The Contractor shall demonstrate to the Department that such accounts have been established and shall submit in a form designated and approved by the Department a quarterly Report detailing all income and expenses relating to such accounts.
(7) To the extent expenditures are made from funds provided to the Contractor by the Department to purchase supplies, equipment, fixtures or other personalty the Corporation shall retain all purchase orders and invoices for the purposes of reports and audit, shall provide a copy of the same upon request to the Department and the Comptroller, and such purchased items shall be deemed the property of the City.
(8) It is understood that all supplies, equipment, fixtures or other personalty purchased with funds provided under this agreement, or otherwise purchased, acquired or installed in shelter, receiving or other facilities by the City shall remain the property of the City and shall be subject to the provisions of Part 11, Article 4 Section 4.4 of this Agreement.
(9) Notwithstanding the provision of any other subsection of this Agreement to the contrary, it is understood and agreed between the parties that the City will not reimburse the Corporation for the aggregate increases in salaries and fringe benefits to employees not subject to collective bargaining agreements that the Corporation may grant, without the City's prior approval to its employees beyond the percentage increases granted by the City to its employees in analogous job titles.
c. Modifications
(1) To further the purpose of this Agreement, the Corporation may without prior Department approval reallocate budgeted amounts for services to be provided hereunder, provided that the Maximum Reimbursable Amount specified in section
(a) of this Article is not increased and provided that such modifications do not exceed 10%, in the aggregate, of the PS or OTPS budget.
(2) Prior approval shall be required where modifications exceed 10% of the PS or OTPS budget. The Department shall make every effort to approve or disapprove in writing such Modifications within 30 days of submission by the Contractor. The reallocation shall not occur until approval is received from the Department.
(3) All budget modifications shall be reported to the Department quarterly.
d. Financial Reports
(1) Quarterly Financial Reports
The Contractor shall submit a detailed Quarterly Financial Report itemizing the applicable revenue and actual expenditures of the previous quarter to which the report pertains as well as any budget modification made in the quarter to which the report pertains. The Quarterly Report shall be made in a form designated and approved by the Department and shall be accompanied by supporting schedules and documentation, including payroll printouts, and all invoices for fringe benefits. Quarterly submission of invoices for other than personal services ("O.T.P.S."), including consultant agreements, contracts, and leases, in accordance with Annex B may be on a 25~o sample basis. Prior to the reporting period, the Department shall identify the budget categories from which the invoices are to be sampled. The department, in its sole discretion, may require the production of any other supporting documentation.
(2) Final Report
Within sixty (60) days after each budget year or budget interval of this agreement, or within sixty (60) days after the termination or expiration of this Agreement, the Corporation shall furnish the Department with a report (the "Final Report") of its fiscal operations during the preceding budget year or budget interval under this Agreement, including a comprehensive statement of actual gross expenditures and revenues generated, in such form as shall be established by the Department.
The Final Report shall include all OTPS invoices for the budget year. The Final Report shall be subject to audit by designees of the Department in accord with generally accepted accounting principles; but in no event shall the Corporation use such audits to challenge or refute any audit or finding of the City Comptroller.
(3) The Final Report shall show the calculation of interest earned by the Corporation as required in subsection IlI(b)(3) above.
(4) The City may review the Final Report, the comprehensive statement of actual gross expenditures and revenues generated, and such other documentation and information as the City may deem appropriate, and may disallow payment for services and/or expenses which were not rendered, authorized or documented in accordance with the terms of this Agreement.
(5) The Corporation shall prepare all financial reports and supporting schedules in accordance with generally accepted accounting principles.
(6) The Corporation shall furnish to the City a copy of the Corporation's annual audit report covering all of the Corporations's activities during each budget period of this Agreement. Such audit report shall be provided to the Department when distributed to the Corporation's Board of Directors. The corporation shall disclose and describe to the Department all other financial and operational reports that are prepared by or on behalf of the Corporation, and when requested to do so, shall provide copies of such to the Department.
e. Leases
In the event that the Corporation, using funds provided hereunder, leases facilities, vehicles or equipment, the Corporation shall submit copies of any such leases to the Department for written approval prior to execution, and shall attach to such lease a cover sheet indicating the name and address of the lessor, the term of the lease, the annual rental amount, and, in the case of facilities, the total usable floor area of the facility, and shall provide any information requested by the Department.
f. Contractual/Consultant Services
(1) The Corporation may enter into and renew various contracts and consultant and rental agreements for the provision of services or equipment to the Corporation related to performance of this Agreement. Written prior approval of the Department is required for any contract or agreement obligating the Contractor to pay more than $2,500.00. Such approval shall not be required for agreements for the services of legal counsel.
(2) Notwithstanding (f) (1), the Corporation may contract for the services of legal counsel without the prior approval of the Department. However, the Corporation shall notify the Department when payment for legal fees reaches 90% of the budgeted amount for legal fees.
g. Fidelity Bond
The Corporation will obtain, and maintain at all times during the term of this Agreement, a fidelity bond equal to the amount of any advance covering the activities of each person who receives, handles or disburses the monies granted under this Agreement. This bond shall be issued by an insurer duly licensed by the Superintendent of Insurance of the State of New York, and shall name the City of New York as a loss payee. A copy of said fidelity bond shall be provided to the Department for review and approval. If said bond is at any time canceled, the Department shall be provided with written notice thereof at least thirty (30) days prior to the effective date of said cancellation.
Insurance
The Corporation may elect to participate in the New York City insurance pool for coverage against claims for property loss or damage, general liability, workers compensation and automobile insurance.
IV. ADDITIONAL CONTRACTOR REPORTS AND RECORDS
a. Monthly Reports
The Corporation shall submit to the City monthly reports, in statistical and narrative form, and in a form that is approved by the Department, that shall contain sufficient information and data to allow evaluation of Corporation's monthly operations and activities agreed to hereunder. These reports will include, but not be limited to, number, type, origin of animals, numbers of animals adopted. euthanized, spayed or neutered, number and type of activities, length of stay, holding cases, cage utilization rates, quality assurance, customer service initiative status, dog licensing activities and other specific information related to the types and quantity of services provided during the report period as more specifically set forth in Annex A.
b. Organization and Timing of Monthly Reports
The quarterly and monthly reports provided under Section (a) of this Article shall distinguish among dogs, cats, and other animals and shall categorize such other animals by country, or state or other place of origin and source within the City, method by which such animal came into possession of the Contractor, and such other characteristic as may be specified by the Department. The report for a given month shall be submitted to the City prior to the last day of the month following the month to which such report pertains.
c. Abstract of Minutes of Meetings of Board of Directors
The Corporation shall submit to the City an abstract (the "Abstract") of the minutes 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 the City with the next monthly report after it shall have been approved by the Board. The Corporation agrees that Abstracts, once submitted to the Department, are records subject to the Freedom of Information Law.
d. Other Reports
The Corporation will provide written responses to any findings of deficiencies in the Corporation's operations which are forwarded to it by the Department, within forty five (45) days. The Corporation will provide such other reports as the Department may reasonably request.
e. Publicity
Notwithstanding the provisions of paragraph 4.12 (Publicity) of Part II, the Corporation shall advise the Department before making any statement to the Press concerning Department funded activities.
V. ADDITIONAL CITY OBLIGATIONS
a. The Department shall promptly forward appropriate animal complaints to the Corporation.
b. Subject to the conditions set forth below, the City shall defend the Corporation in the event both the City and the Corporation are sued pursuant to Article 78 of the C.P.L.R. in regard to the seizure of any animal pursuant to an order of the Commissioner of Health where the issue in question is the propriety of the Commissioner's Order. Such defense shall not be provided where there is a related action for money damages arising out of acts or omissions of the Corporation, or where the City's Corporation Counsel determines there is a conflict of interest.
(l) The defense provision set forth in this Section (b) thereof shall in each case be conditioned upon the following conditions: (1) The Corporation's representative shall deliver to the General Counsel of the Department the original or a copy of any summons, complaint, process, notice, demand or pleading served on the Corporation within forty-eight (48) hours after service thereof upon the Corporation; and (ii) the Corporation shall cooperate fully in aiding the City to investigate or defend any claim, action or proceedings.
(2) The Corporation Counsel of the City shall act as attorney in connection with all claims or actions or proceedings within the purview of this Section. No settlement of any such claim or action or dismissal of any action or proceeding shall be made otherwise than in accordance with the procedures established by the City including the Comptroller, for the settlement of claims.
(3) It is understood that the City is not obligated to hold harmless or indemnify the Corporation its employees, agents, officers, trustees, servants or independent contractors as a result of any act committed by them, negligent, tortuous or otherwise.
VI. USE AND OCCUPANCY OF CITY-OWNED BUILDINGS
a. The Corporation shall be authorized to enter into the following City-owned buildings without charge, and shall occupy such for the sole purpose of and for so long as it is performing the services specified in this Agreement. The City reserves the right in its sole discretion to designate suitable alternative sites for shelter and receiving operations.
Manhattan Shelter, 326 East 110th Street, New York, NY 10128
Brooklyn Shelter, 2336 Linden Boulevard, Brooklyn, NY 11208
Staten Island Animal Receiving Facility, 3139 Veterans Road West, Staten Island NY 10314
b. To the extent that funds are provided herein for the purpose. the Corporation will ensure that all necessary repairs of the above-specified shelter facilities or animal receiving facility, or of equipment purchased or leased for the provision of the services set forth in Annex A are made in an expeditious manner by qualified and responsible contractors? at a reasonable cost, through a competitive selection and procurement process. Repairs shall mean and include all remedial work, including structural work, necessary to preserve and protect the buildings and their contents. Individual repairs costing the City, pursuant to this Agreement, more than $1,000 must be approved in writing in advance by the Department except in the case of emergency repairs, costing the City no more than $2,500. In such emergency situations, the Corporation will obtain the written approval of the Department as soon as practicable during or after the emergency repair. The Corporation shall solicit at least three bids for all repairs costing the City more than $1,000, except for emergency repairs costing the City no more than $2,500, and shall accept the lowest responsible bid unless otherwise authorized by the Department.
c. To the extent that funding is available as specified in Annex B, the Corporation shall provide all facilities management services for the above premises including repairs of the building and grounds, and including but not limited to:
- Maintenance of any sidewalk, public area, and landscaped area.
- Maintenance and repair of the exterior building structure and maintenance, repair and replacement of windows and skylights.
- Maintenance and repair of the building's mechanical systems (Air conditioning/ventilation/heating/hot water supply, fire alarm/security alarm plumbing system. At the end of the contract all mechanical systems and other infrastructure supporting services must be in good working condition.
- Window washing (twice per year).
- Daily cleaning and sanitization once per day of bathrooms, public areas, offices, kitchen, lounge, and animal areas.
- Routine Maintenance - Light bulbs, ballasts, minor repairs, for example faucets, toilet/drain stoppages, loose floor tiles, interior and exterior keys and cylinders, as needed.
- Contractor Services as required for installation and maintenance of equipment (including computer associated equipment), fixtures or services, such as refrigeration, water treatment, disposal of regulated or hazardous waste.
- Installation, provision for, and maintenance of utilities including but not limited to gas, electric, telephones, etc.
- Trash disposal and placement for collection by City Sanitation.
- Extermination (monthly).
- Cleaning of all kennel areas, water bowls, hallways, floors and cleaning equipment.
- Collection and proper disposal of animal waste throughout the day.
d. The Corporation shall cooperate in all respects with the City, acting through its agencies. In any capital improvement project, renovation, inspection, or other activity related to the repair, maintenance, integrity or safety of City facilities and shall allow access ant any time.
VII. OPERATION OF LEASED FACILITIES
a. The City holds leases for the following animal receiving facilities and the Corporation shall occupy and operate same for the purposes set for in Annex "A" for as long as such leases are in effect and for the sole purpose of and for so long as it is performing the services specified in this Agreement. The City reserves the right in its sole discretion to designate suitable alternative sites for shelter and receiving operations should the existing leases not be renewed or reassigned during the term of this Agreement.
Queens Animal Receiving Facility, 92-29 Queens Blvd, Rego Park, NY 11374
Bronx Animal Receiving Facility, 1 Fordham Plaza, Bronx, NY 10458
b. The Contractor shall accept an assignment of an existing lease. or a license for use and occupancy at the discretion of the City, for use as corporate headquarters and offices at l l Park Place, New York, NY 10007
c. The Corporation shall provide such facilities management services as may be required by the existing leases, and renewals if any, and as may be required pursuant to any new leases entered into for the purpose of providing services hereunder, and in addition, to the extent funds are provided herein for the purpose, shall provide the following services to the extent such are not provided by the lessor thereof:
- Maintenance of any sidewalk, public area, and landscaped area.
- Maintenance and repair of the exterior building structure (walls. windows~roof/skylights).
- Maintenance and repair of the building's mechanical systems (Air conditioning/ventilation/heating/hot water supply, fire alarm/security alarm/plumbing system)
- Maintenance of and supply of fire extinguishers (including placement and code compliance).
- Window washing (twice per year).
- Daily cleaning and sanitization once per day of bathrooms, public areas, offices, kitchen, lounge, and animal areas.
- Routine Maintenance - Light bulbs, ballasts, minor repairs, for example faucets, toilet/drain stoppages, loose floor tiles, interior and exterior keys and cylinders, as needed.
- Contractor services as required for installation and maintenance of equipment (including computer associated equipment), fixtures or services, such as refrigeration, water treatment, disposal of regulated or hazardous waste.
- Installation, provision for, and maintenance of utilities including but not limited to gas, electric, telephones, etc.
- Trash disposal and placement for collection by City Sanitation.
- Extermination (monthly).
- Cleaning of all kennel areas, water bowls, hallways, floors and cleaning equipment.
- Collection and proper disposal of animal waste throughout the day.
VIII. MISCELLANEOUS PROVISIONS
a. Late Filing of Vendex Information
All information required to be filed pursuant to the City's Procurement Policy Board Rules (Vendex) concerning the Contractor's directors or officers shall be filed within thirty (30) days of the registration of this Agreement with the Comptroller of the City of New York. The City may terminate this Agreement without penalty if this condition is not met, or in the event that:
(i) The Mayor or his/her designee determines on the basis of the belatedly filed information that it is in the best interest of the City to terminate the contract; and/or
(ii) The Comptroller or his/her designee determines that the belatedly filed information reveals matters which if provided earlier would have provided a basis for an objection to registration of the contract by the Comptroller and the Mayor or his/her designee determines that he/she would have agreed with such determination and therefore it is in the best interest of the City to terminate the contract.
b. Affirmation
The Contractor shall complete and execute the affirmation annexed to this Agreement.
c. Indemnification
The City agrees that it will indemnify, defend and hold harmless each director of the Corporation, when such director is acting on behalf of the Corporation, in each case where, and to the extent that, such person is entitled to indemnification from the Corporation under the Corporation's corporate by-laws and in the event that the Corporation is obligated, by contract or otherwise, to indemnify, defend and/or hold harmless the directors, provided, however, that the obligation of the City to indemnify any such person, in any such case, as described above shall be conditioned upon a prior finding by the City's Corporation Counsel that the acts of such person giving rise to the suit, action or proceeding against which indemnification is sought, were made in good faith for a purpose that such person reasonably believed to be in the best interests of the Corporation, and that such person had no reasonable cause to believe that his or her conduct was unlawful. It is understood that for purposes of this section and the indemnification provisions of the Corporation's by-laws, unlawful conduct means conduct that is violative of criminal law. The City's obligation under this section, with regard to indemnification relating to acts of a person that occurred when this Contract was in effect, shall survive the termination of this Contract. All actions taken by the City pursuant to this section shall be as directed by the City's Corporation Counsel.
d. A breach of any provision of this agreement by the Contractor shall not automatically void, terminate, or otherwise affect this agreement unless and until the Department takes such specific action upon notice to the Contractor.
Part II - GENERAL PROVISIONS CONTRACTS FOR CONSULTANTS,
PROFESSIONAL AND TECHNICAL SERVICES
[OMITTED]
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 CITY OF NEW YORK
BY: /s/ James L. Capoziello
Deputy Comissioner of Health Support Services
NYC Department of Health
THE CENTER FOR ANIMAL CARE AND CONTROL
(Corporate Seal)
BY: /s/ Douglas Mansfield
TITLE: Secretary/Gen Counsel
Approved as to Form
Certified as to Legal Authority:
/s/ [signature illegible]
Acting Corporation Counsel
Date: DEC 29 1997
STATE OF NEW YORK )
ss:
COUNTY OF NEW YORK )
On this 2 day of January 1998 before me personally came James L. Capoziello, to me known and known to me to be the Deputy Commissioner of Health Support Services of the Department of Health of the City of New York, the person described in who, as such Deputy Commissioner. executed the foregoing agreement, and he duly acknowledged to me that he executed the same on behalf of the City of New York and the Department of Health for the purpose herein mentioned.
/s/ Mitchell Netburn
Notary Public or Commissioner of Deeds
MITCHELL NETBURN
Notary Public, Stato ot Now York
No. 02NE5071083
Qualified in New York County
Commission Expires Jan. 6, 1999
STATE OF NEW YORK )
ss:
COUNTY OF NEW YORK )
On this 2 day of January 1998 before me personally came Douglas Mansfield who being by me duly sworn did depose and say that (s)he resides in the City of New York; that (s)he is the Secretary/Gen Counsel of THE 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/ Howard M. Korman
Notary Public or Commissioner of Deeds
HOWARD M. KORMAN
NOTARY PUBLlC State of New York
No. 24-4791595
Qualified in Kings County
Commission Expires July 31, 1999
AFFIRMATION {omitted]
CERTIFICATE OF LIABILITY INSURANCE {omitted]