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AGREEMENTS\SPCA of Upstate New York—Boarding Agreement- 12-21-2020
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC.
FOR BOARDING SERVICES
RESOLUTION NO. ,2020
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 160,2020, the Town of Queensbury authorized a three (3)
year Agreement with the Society for the Prevention of Cruelty to Animals of Upstate New York,
Inc., (SPCA) for dog control services, and
WHEREAS, the Town and SPCA wish to enter into a separate Agreement for boarding
services and a proposed Agreement for these services is presented at this meeting and is in form
acceptable to Town Counsel,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between
the Town of Queensbury and the Society for the Prevention of Cruelty to Animals of Upstate New
York, Inc., entitled, "Agreement Between Town of Queensbury and Society for the Prevention of
Cruelty to Animals"for boarding services substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreement and any other needed documentation and the Town Supervisor, Town Clerk
and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 215`day of December, 2020,by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\SPCA-Boarding Services—12-21-2020
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
This AGREEMENT made as of the day of , 2020 by and between the TOWN OF
QUEENSBURY, a municipal corporation organized and existing under the laws of the State of New
York and having a principal place of business at 742 Bay Road, Queensbury, New York (hereinafter
referred to as the "Town") and the Society for the Prevention of Cruelty to Animals of Upstate New
York, Inc., a not-for-profit corporation duly incorporated under the Laws of the State of New York, and
having a physical address of 588 Queensbury Avenue, Queensbury, New York 12804 and a mailing
address of P.O. Box 171, Hudson Falls,New York 12839 (hereinafter referred to as the "SPCA").
WITNESSETH:
WHEREAS, the parties wish to enter into an Agreement effective as of January 1, 2021,and
WHEREAS, in accordance with New York State Agriculture and Markets Law Article 7 and
Queensbury Town Code Chapter 73, the Town of Queensbury is authorized to seize dogs within the
Town of Queensbury that, among other things, run at large and/or cause physical harm to persons and
damage to property, and
WHEREAS, the New York State Agriculture and Markets Law states that certain unidentified
dogs must be held for five (5)days,and
WHEREAS, the New York State Agriculture and Markets Law states that where a dog is
identified, meaning that it is wearing a Town of Queensbury identification tag (license), the owner must
be notified either in person or in writing that the dog has been impounded, and
WHEREAS, the SPCA will hold all dogs picked up in Queensbury that are unidentified for a five
(5) day period, and after identified, the owner of record of such dog shall be notified personally or by
certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If
notification is personally given, such dog shall be held for period of seven (7) days after day of notice,
during which period the dog may be redeemed by the owner. If such notification is made by certified
mail, such dog shall be held for a period of nine (9) days from the date of mailing, during which period
the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of
the impoundment fees prescribed by subdivision three of this section and by producing proof that the dog
has been licensed.
NOW, THEREFORE, for good and valuable consideration as set forth herein, the parties agree
as follows:
1. All dogs seized by the Town of Queensbury for violations of New York Agriculture and
Markets Law Article 7 and/or Queensbury Town Code Chapter 73 shall be impounded by SPCA at 588
Queensbury Avenue, Queensbury, New York 12804 until such dogs shall be claimed by their owners or,
after a mandatory five day period, placed with an appropriate shelter or humane society, euthanized or
adopted by another owner. The Town Clerk, in her discretion, may authorize an additional time period
for boarding in an attempt to find appropriate placement.
2. It shall be SPCA's responsibility to notify the owners of identified dogs that the animal has
been impounded. Upon request, the Town of Queensbury will provide SPCA with any owner
information it may have.
3. For each dog boarded by the SPCA under this Agreement, the Town agrees to pay $17.00 per
day.
4. It is understood by the parties that this Agreement applies only to dogs that are seized within
and by the Town of Queensbury. Nothing in this Agreement shall make the Town responsible for any
costs relating to animals from other municipalities and/or individuals.
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5. It is understood and agreed that no dog held by SPCA pursuant to this Agreement may be
released to its owner unless either:
a) the owner presents a receipt evidencing payment of boarding fees and redemption
fees to the Town Clerk's Office; or
b) in the case of a licensed dog impounded after 4:00 p.m. on any weekday, on a
weekend or Town Holiday, the owner of the animal pays boarding fees and
redemption fees by either check made payable to the Town of Queensbury or cash.
The SPCA will give such fees directly to the Queensbury Town Clerk on the next
business day. Redemption fees shall be calculated in accordance with Town Code
§73-6A.
6. SPCA shall bill the Town monthly for the services provided under this Agreement.
7. This Agreement shall be effective as of January 1, 2021 through and including December 31,
2021 and shall be renewed annually thereafter unless either party shall notify the other party of its desire
not to renew. Either Party may terminate this Agreement on thirty days' written notice sent by certified
mail.
IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2020.
TOWN OF QUEENSBURY SPCA
BY: BY:
JOHN F. STROUGH,III BARBARA ANGELO
TOWN SUPERVISOR PRESIDENT
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STATE OF NEW YORK)
ss..
COUNTY OF WARREN)
On this day of in the year 2020 before me, the undersigned, a notary public
in and for said state, personally appeared JOHN F. STROUGH,III personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public
STATE OF NEW YORK)
ss..
COUNTY OF WARREN)
On this day of in the year 2020 before me, the undersigned, a notary public in
and for said state, personally appeared BARBARA ANGELO personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
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