4.15 4.15
AGREEMENTS\.SPCA of Upstate New York—Dog Control and Boarding Agreements for August 15 2023 through August 14 2024—8-7-2023
RESOLUTION AUTHORIZING AGREEMENTS BETWEEN
TOWN OF QUEENSBURY AND SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS OF UPSTATE NEW YORK, INC.
FOR DOG CONTROL AND BOARDING SERVICES
RESOLUTION NO. ,2023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 177,2023, the Town of Queensbury authorized a two (2)year
renewal of the Dog Control Services Agreement between the Town and the Society for the Prevention
of Cruelty to Animals of Upstate New York, Inc., (SPCA)for an annual fee of-
* $85,000 for 4/1/23 - 3/31/24, in equal monthly installments of$7,083; and
• $87,500 for 4/1/24 - 3/31/25, in equal monthly installments of$7,292; and
WHEREAS, by Resolution No.: 180,2023, the Town and SPCA authorized a two (2) year
renewal of the Boarding Services Agreement between the Town and the SPCA for an amount of
$25.00 per day for each dog boarded by the SPCA, and
WHEREAS, the Town and the SPCA have renegotiated terms for new Dog Control Services
and Boarding Services Agreements (Agreements) on substantially the same terms as the Agreements
authorized by Resolution Nos: 177 and 180 of 2023, except that the Agreements shall be for one (1)
year terms effective as of August 15th, 2023 through August 14th, 2024, with the Dog Control
Services to be for an annual fee of $100,000 in equal monthly installments of $8,333 and the
Boarding Services to be for an amount of$40 per day for each dog boarded by the SPCA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the new
Agreements between the Town of Queensbury and the Society for the Prevention of Cruelty to
Animals of Upstate New York, Inc., (SPCA) for Dog Control Services and for Boarding Services for
one (1) year terms effective as of August 15"', 2023 through August 14"', 2024, with the Dog
Control Services to be for an annual fee of$100,000 in equal monthly installments of$8,333 and
the Boarding Services to be for an amount of$40 per day for each dog boarded by the SPCA,to
be paid for from Animal Control Service Contracts Account No.: 001-3510-4414, and
BE IT FURTHER,
RESOLVED, that the Agreements between the Town and the SPCA previously authorized by
Resolution Nos: 177,2023 and 180,2023 shall expire and thereafter be rescinded as of 11:59 p.m. on
August 14t', 2023, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget by transferring $10,000 from General Fund Unappropriated Undesignated
Fund Balance Account No.: 001-0000-0909 to Animal Control Service Contracts Account No.: 001-
3510-4414, and make any other adjustments, budget amendments, transfers or prepare any
documentation necessary to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreements in substantially the forms presented at this meeting 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 7t'day of August, 2023,by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING RENEWAL OF DOG CONTROL
SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND SPCA OF UPSTATE NEW YORK, INC.
RESOLUTION NO.: 177,2023
INTRODUCED BY: Mr.George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, by Resolution No.: 126,2018, 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 4/1/23 -3/31/24, in equal monthly installments of$7,083; and
• $87,500 for 4/1/24 - 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 IT 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 : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None
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.: 180,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
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, by Resolution No.: 408,2020, the Town and SPCA entered into a separate
Agreement for boarding services and the Town Board wishes to authorize a renewal of the
Agreement with SPCA for an up to two(2)year period or through March 31, 2025 for an amount of
$25.00 per day for each dog boarded by the SPCA under the Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a two (2)
year renewal of 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 through
March 31, 2025 for an amount of$25.00 per day for each dog boarded by the SPCA under the
Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting 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 l'day of May, 2023, by the following vote:
AYES : Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None
AGREEMENTSISPCA Dog Control Service Agreement—8-15-2023 to 8-14-2024
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.O. 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 Town 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;
e) 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;
t) 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.
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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 August 15, 2023 April 1, 2023 and
shall be for a one (1)year t _ '..ram-(2) year period. The Agreement will expire at 11:59 p.m. on August
14, 2024 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$100,000 for 8/15/23 —8/14/24 in equal monthly installments of
$8,333.
� .
arrears and
eve
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 I 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 Flours 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
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of Queensbury outside of Normal Business Hours in a non-emergency situation or a situation not
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.
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S. PAYMENT. The Town's annual fee set forth at Paragraph 3 shall be paidin-erreazs
in equal monthly installments. The first payment for the month of August 2023 April 2023 shall be
due in approximately September of 2023 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
due 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
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acceptable coverage at the time of Agreement execution.
1I. 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 and 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 15"day of August ku day of April, 2023.
SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS OF UPSTATE NEW YORK, INC.
By:
,PRESIDENT
TOWN OF QUEENSBURY
By:
JOHN F. STROUGH,III,SUPERVISOR
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•
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of August in the year 2023 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 2023 before me, the undersigned, a notary public
in and for said state, personally appeared 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
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AGREEMENTS\SPCA-Boarding Services—8-15-23—8-14-24
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
This AGREEMENT made as of the 15th day of August, 2023 1- day of May, 2023 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 August 15, 2023 May I,
242-3,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:
I. 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$23400 $40
per day.
4. It is understood by the parties that this Agreement applies only to dogs that are seized within
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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.
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 August 15, May 1, 2023 through and including
August 14, 2024 March 31, 2025 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 August I51b, May 1m,
2023.
TOWN OF QUEENSBURY SPCA
BY: BY:
JOHN F. STROUGH,III
TOWN SUPERVISOR PRESIDENT
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STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of August in the year 2023 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 August in the year 2023 before me, the undersigned, a notary public in and
for said state, personally appeared 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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