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3.5 Revised 3 .5 AGREEMENTSISPCA of Upstate New York— Dog Control Services --- RENEW FOR 2 YEARS - 5- 1 -2023 REVISED RESOLUTION AUTHORIZING RENEWAL OF DOG CONTROL SERVICES AGREEMENT BETWEEN 'TOWN OF +QUEENSBURY AND SPCA OF UPSTATE NEW PORK, INC. RESOLUTION NO. 12023 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No. : 12612018, the Queensbury Town Board authorized a Dog Control Services Agreement (Agreement) with the 'SPCA of Upstate New York, Inc., (SPCA) for a one ( 1 ) year period, and WHEREAS, by Resolution No.: 95,2019, the Town Board authorized the renewal of the Agreement with the SPCA for a one ( 1 ) year period and by Resolution No. : 160,2020 authorized the renewal of the Agreement with the SPCA for an additional three (3) year period, and, WHEREAS, the Town Board wishes to renew such Agreement for a period of two (2) years or from April 1 , 2023 through March 31 , 2025, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies a two (2) year renewal of the Dog Control Services Agreement between the Town of Queensbury and the SPCA of Upstate New York, Inc., (SPCA) from April 1 , 2023 through March 31 , 2025 for an annual fee of $85,000 for 4/ l/23 - 3/31/24, in equal monthly installments of $7,083; and $87,500 for 4/l /24 - 3/31 /25, in equal monthly installments of $7,292; and with additional charges and/or reimbursements due for emergency responses outside of normal business hours as set forth in the Agreement, which shall be commemorated in the form of the Dog Control Services Agreement substantially in the form presented at this meeting, and BE 1T FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Dog Control Services Agreement and any other needed documentation and the Town Supervisor, Town Clerk and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1 " day of May, 2023, by the following vote: AYES NOES ABSENT: AG R E E M F.NTS%S PCA Dog Control Service Agreement —4-1 -2023 to 3-3 l-2025 DOG CONTROL SERVICES AGREEMENT WHEREAS, the Town of Queensbury (the "Town") is a municipal corporation duly formed under the Laws of the State of New York and having an address at 742 Bay Road, Queensbury, New York 12804; and WHEREAS, the Society for the Prevention of Cruelty to Animals of Upstate New York, Inc. (the "SPCA"), is 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_0. Box 171 , Hudson Falls, New York 12839; and WHEREAS, the Town needs dog control services including enforcement under Article 7 of the New 'York State Agriculture and Markets Law and its Town Code; and WHEREAS, the SPCA is a humane society which has been engaged in the prevention of cruelty to animals in Warren and Washington Counties, New York; and WHEREAS, the Town is authorized to contract for such services with a duly incorporated society for the prevention of cruelty to animals pursuant to Agriculture and Markets Law Article 7 and Queensbury Town Code Chapter 73; and WHEREAS, the Town and SPCA believe that the Town's contracting with the SPCA for the provision of dog control services will improve the level and quality of service provided to Town residents: and NOW, THEREFORE, THE TOWN AND SPCA HEREBY AGREE AS FOLLOWS: 1 . SERVICES TO BE PROVIDED. The SPCA shall provide all dog control services throughout the Town of Queensbury, including but not limited to those specified in Agricultural and Markets Law Article 7 and Queensbury Torun Code Chapter 73. The SPCA will enforce all dog control provisions, prosecute violations, complete all forms required under the New York State Agriculture and Markets Law, including but not limited to Dog Seizure and Disposition Reports, and provide the Town Clerk with copies of all such forms. The Town shall direct all calls it receives regarding dog control issues within the Town to the SPCA. If the SPCA receives a call/complaint regarding an issue or animal to which the SPCA cannot respond to on behalf of the Town pursuant to State or Local Law or the terms of this Agreement. the SPCA shall refer such matter to the appropriate authority or agency. The services to be provide to the Town by the SPCA shall include: a) Receipt and dispatch as necessary calls and/or complaints related to dog control situations in the Town of Queensbury; b) Investigate complaints and take appropriate action including seizure of dogs and enforcement of violations through Court proceedings, including the initiation of and full participation in Court proceedings for violations of the Town Code and Dangerous Dog proceedings under Agriculture and Markets Law ; 123 ; c) Promptly deliver any seized dog to the housing facility with which the Town contracts for such services (If a dog is seized outside of the Town contracted housing facility's business hours, the SPCA may house such a dog at its own shelter facility until the Town contracted facility reopens. The Town shall not owe any fees to the SPCA for housing any dog in such circumstances.) Nothing contained in this Agreement shall prevent the Town and SPCA from entering into a separate Agreement for the boarding of dogs and thereby modify the provisions of this Section 1 (c); d) Comply with the New York State Public Health Laws as related to the Dog Control Officer's duties and rabies reporting; c) The SPCA shall dedicate one of its phone lines for calls related to the Town of Queensbury and advertise this dedicated line on its website; f) Attempt to locate the owners of lost and "at-large" dogs; and g) The SPCA shall endeavor to respond to all non-emergency calls/reports received during Normal Business Hours and requiring attention pursuant to this Agreement within one hour of receipt, but sooner if the situation requires. 2 The SPCA shall provide the services required pursuant to this Agreement on a fair and equitable basis throughout the Town and to the extent that its staffing and resources will allow. The SPCA shall not respond to any calls or take any actions on behalf of the Town which the Town itself could not lawfully respond to or undertake_ This does not prohibit the SPCA from responding to such situations on its own behalf. 2. TERM. This Agreement shall commence as of April 1 , 2023 and shall be for a two (2) year period. The Agreement will expire at 11 .59 p.m. on March 31 , 2025. This Agreement 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. 3. CONSIDERATION. In consideration of the services provided by the SPCA, the Town shall pay an annual fee of: * $85,000 for 4/l /23 - 3/31/24, in equal monthly installments of $7,083 to be paid in arrears, and $87,500 for 4/l/24 - 3/31 /25, in equal monthly installments of $7,292; as further set forth in Paragraph 7 below. There shall be no additional charges or reimbursement owed to the SPCA, except for those amounts due for emergency responses outside of Normal Business Hours as set forth in Paragraph 4. 4, HOURS. The SPCA shall provide dog control services throughout the Town of Queensbury as set forth in Paragraph 1 above from Monday through Friday during the hours of 8:30 a.m. through 5 :00 p.m. exclusive of Federal Holidays ("Normal Business Hours"). The SPCA shall provide an emergency number which Town residents may use to report an emergency outside of Normal Business Hours. The Town shall pay the SPCA for emergency responses outside of Normal Business Hours at a rate of $200 per response. Calls/Reports after Normal Business Hours shall only be responded to if there is an emergency situation. An emergency shall be defined as a situation which poses a threat to the life or safety of a human or domestic animal or involves the threat of rabies. If the SPCA responds to a call/report in the Town of Queensbury outside of Normal Business Hours in a non-emergency situation or a situation not 3 covered under the terms of this Agreement, such response shall not constitute a response for which a $200 charge may be imposed- 5 . IMPOUND, REDEMPTION AND FINES. All impound fees, redemption fees and fines shall be paid by dog owners directly to the Town. The SPCA shall not be entitled to any such fees or fines. Each seized dog shall be delivered to the Town's contracted impound facility. The Town may designate such facility at its sole discretion and will provide reasonable notice of any such designation to the SPCA_ For each seized dog, the SPCA shall complete and file with the Town Clerk a Dog Seizure and Disposition Report and instruct all dog owners to pay the impound and housing fees directly to the Town Clerk at Town Hall and provide the Town Clerk with proof of a valid license and rabies shot prior to release of the dog. 6. VETERINARY CARE. When necessary, SPCA will arrange for veterinary care at a facility selected by the Town pursuant to one or more Town contracts or as directed by the Town Clerk. 7. REPORTING. The SPCA shall provide written monthly reports to the Town Supervisor, Town Clerk and Town Budget Officer which detail the following for each call or report received and each matter responded to on behalf of the Town of Queensbury: a) The date and time for each report or complaint received and each response made on behalf of the Town of Queensbury, b) The location for each report/complaint and each response; c) A detailed summary of each report or response including the individuals and animals involved, the responding officer, the actions taken and the approximate time spent by the SPCA on the given incident; and d) A detailed list of all dogs seized within the Town and all dogs impounded pursuant to this Agreement, including a description of the dog, the date and time at which each dog is delivered to the Town's contracted impound facility and each date for which the dog was impounded in the given month. 4 8. PAYMENT. The Town"s annual fee set forth at Paragraph 3 shall be paid in arrears in equal monthly installments. The first payment for the month of April 2023 shall be due in approximately May of 2023 . However, no such payments will be made until the monthly report set forth at Paragraph 6 is received by the Town Supervisor, Town Clerk and Town Budget Officer and all required Agriculture and Market Forms for the given month are received by the Town Clerk. If fees for emergency responses outside of Normal Business Hours are clue and owing to the SPCA for a given month pursuant to Paragraph 4, the related emergency response information must be properly detailed in the given monthly report for the payment to be issued. The Town will make payment promptly after receipt of a monthly report from the SPCA. However, such payments must first be approved by the Town Board and will be considered at the Town Board's next audit of warrant following receipt of the given report. If the Town disputes any portion of monthly charges allegedly owed to the SPCA, it may withhold the disputed portion of the monthly charge until the issue is resolved, but shall timely issue payment for all other portions of the amount due for the given month. 9. STAFFING AND EQUIPMENT. The SPCA shall maintain fulltime staffing and equipment in a manner that allows it to fulfill its obligations under this Agreement, in addition to any other obligations it may have as a humane society and obligations it may have pursuant to other agreements to which it is a party. The SPCA shall complete annual inspections and audits of its equipment and documentation with the NYS Department of Agriculture and Markets and provide the Town with copies of the written audits from such inspections. 10. INSURANCE_ The SPCA shall provide liability insurance coverage in types and amounts as required by the Town. The SPCA shall provide liability coverage in the amount of $2,000,000 with a $5,000,000 dollar umbrella policy, naming the Town as an additional insured. The SPCA shall also provide insurance coverage for automobiles owned or leased by the SPCA and Worker's Compensation Insurance and Disability Benefit Insurance in accordance with New York. State Law. The SPCA shall provide the Town with certificates of insurance demonstrating acceptable coverage at the time of Agreement execution. 5 11 . MISCELLANEOUS. a) The paragraph captions in this Agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms of this Agreement. b) This Agreement contains the entire agreement of the parties relating to the subject matter hereof and it may not be validly amended, supplemented or discharged except by a written instrument executed by the parties. c) This Agreement shall be construed in accordance with the Laws of the State of New York and venue for all purposes shall lie in Warren County, New York. d) Any notice provided for hereunder shall be in writing anal may be mailed using certified U.S. mail and using; the above addresses for the parties or such other address as either party may from time-to-time designate in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the U.S. mail_ e) if any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain valid and binding on the parties. IN WITNESS WHEREOF, each of the parties has duly executed this Agreement which shall be effective as of the 1 " day of April, 2023. SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC. By: BAR13ARA ANGELO, PRESIDENT TOWN OF QUEENSHURY By: ,IOHN F. STROUGH, III, SUPERVISOR 6 STATE OF NEW YORK ) ss.. COUNTY OF WARREN ) On this day of May in the year 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 ) On this day of in the year 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 she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7