3.6 3.6
AGREEMENTS\SPCA—AnimalControl Services—RENEW FOR ONE YEAR-3-20-17
RESOLUTION AUTHORIZING ONE (1) YEAR RENEWAL OF
ANIMAL CONTROL SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND WARREN COUNTY SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, INC. (SPCA)
RESOLUTION NO. ,2017
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Warren County Society for the Prevention of Cruelty to Animals, Inc.,
(SPCA)is a not-for-profit corporation duly incorporated under the Laws of New York State, and
WHEREAS, the Town of Queensbury needs animal control services including enforcement as
set forth under New York State Agriculture and Markets Law Article 7 and the Queensbury Town
Code, and
WHEREAS, the Town and SPCA believe that the Town's contracting with the SPCA for the
provision of animal control services improves the level and quality of service to Town residents and
increases animal control coverage, and
WHEREAS, the Town and SPCA negotiated terms for an Animal Control Services Agreement
for such services and by Resolution No.: 125,2016, the Town Board authorized an Animal Control
Services Agreement between the Town and SPCA for a one year period or from April 1, 2016 through
March 31, 2017,with the option of renewing such Agreement in one(1)year terms, and
WHEREAS, the Town Board wishes to renew such Agreement for a period of one(1)year or
from April 1, 2017 through March 31, 2018 as set forth in the originally authorized Agreement, a copy
of which is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes a one (1) year renewal of
the Animal Control Services Agreement previously authorized by Town Board Resolution No.:
125,2016, from April 1, 2017 through March 31, 2018, between the Town of Queensbury and the
Warren County Society for the Prevention of Cruelty to Animals, Inc., (SPCA), and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
forward a certified copy of this Resolution to the SPCA and the Town Supervisor 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 20ffi day of March, 2017,by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING ANIMAL CONTROL SERVICES
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
WARREN COUNTY SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, INC. (SPCA)
RESOLUTION NO.: 125,2016
INTRODUCED BY: Mr.Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, the Warren County Society for the Prevention of Cruelty to Animals, Inc.,
(SPCA) is a not-for-profit corporation duly incorporated under the Laws of New York State,and
WHEREAS, the Town of Queensbury needs animal control services including enforcement
as set forth under New York State Agriculture and Markets Law Article 7 and the Queensbury
Town Code, and
WHEREAS, the Town and SPCA believe that the Town's contracting with the SPCA for
the provision of animal control services will improve the level and quality of service to Town
residents and increase animal control coverage,and
WHEREAS, the Town and SPCA have therefore negotiated terms for an Animal. Control
Services Agreement for such services and such Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Animal
Control Services Agreement between the Town of Queensbury and the Warren County Society for
the Prevention of Cruelty to Animals, Inc., (SPCA) 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 such Agreement and any other needed documentation and the Town Supervisor 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 21'day of March,2016,by the following vote:
AYES : Mr. Clements,Mr. Irish, Mr. VanNess, Mr. Stough, Mr. Metivier
NOES : None
ABSENT: None
AGREEMENTS\SPCA Agreement—March 2016
ANIMAL 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 Warren County Society for the Prevention of Cruelty to
Animals, Inc. (the "SPCA"), is a not-for-profit corporation duly incorporated under the
Laws of the State of New York, and having an address at 21 Blind Rock Road,
Queensbury, New York 12804; and
WHEREAS, the Town needs animal 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 County, 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 Chapters 5 and 73; and
WHEREAS, the Town and SPCA believe that the Town's contracting with the
SPCA for the provision of animal control services will improve the level and quality of
service provided to Town residents and increase animal control coverage; and
NOW, THEREFORE, THE TOWN AND SPCA HEREBY AGREE AS FOLLOWS:
1. SERVICES TO BE PROVIDED. The SPCA shall provide all animal 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 Chapters 5 and 73.
The SPCA will enforce all animal control provisions, prosecute violations and complete all
forms required under the New York State Agriculture and Markets Law. The SPCA shall
also be responsible for any and all obligations and responsibilities of the Town relating to
rabies investigation and reporting set forth under State and/or Local Law or policy.
The Town shall direct all calls it receives regarding animal issues within the Town to
the SPCA. If the SPCA receives a call/complaint regarding an issue or animal to which
the SPCA cannot lawfully respond on behalf of the Town, 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 animal
control situations in the Town of Queensbury;
b) Investigate complaints and take appropriate action including seizure of dogs
and enforcement of violations through criminal proceedings;
c) Comply with the New York State Public Health Laws as related to the Animal
Control Officer's duties and rabies reporting;
d) Provide an impound facility and impound dogs as needed; and
e) The SPCA shall endeavor to respond to all calls/reports requiring attention
pursuant to this Agreement within one hour of receipt.
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 on April 1, 2016 and shall be for a
one year period. The Agreement will expire at 11:59 p.m. on March 31, 2017. The Town
shall have the option to renew this Agreement for four additional terms by providing written
notice of its intention to do so to the SPCA at least 60 days prior to the expiration of the
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preceding term.
Either party may terminate this Agreement at any time by providing at least 90 days
advance written notice to the other party.
3. CONSIDERATION. In consideration of the services provided by the SPCA,
the Town shall pay an annual fee of $140,000, for the first term, in equally monthly
installments of$11,666.67 to be paid in arrears, as further set forth in Paragraph 7 below.
In addition, the Town will provide the SPCA with the animal control equipment set forth on
Exhibit A attached hereto.
If this Agreement or any extension thereof is terminated or expires without renewal
prior to April 1, 2019, the equipment set forth at Exhibit A shall be returned to the Town in
a condition similar to that in which it was provided to the SPCA, normal wear and tear
excepted. If any piece of equipment set forth at Exhibit A must be returned to the Town
according to the terms of this Agreement, but is no longer available due to loss or
replacement, the SPCA must provide the Town with a similar piece of equipment of equal
or greater quality and value.
If the Town renews this Agreement for the additional terms set forth at Paragraph 2,
the annual fee for the renewal terms shall be:
a) Term running from April 1, 2017 through March 31, 2018 - $142,800;
b) Term running from April 1, 2018 through March 31, 2019—$145,656;
c) Term running from April 1, 2019 through March 31, 2020 - $145,656; and
d) Term running from April 1, 2020 through March 31, 2021 -$145,656.
The fees for such renewal terms shall also be paid in equal monthly installments.
4. HOURS. The SPCA shall provide animal control services throughout the
Town of Queensbury as set forth in Paragraph 1 above from Monday through Friday
during the hours of 8:00 a.m. through 5:00 p.m. ("Normal Business Hours"). The annual
consideration set forth at Paragraph 3 shall also include the SPCA's emergency response
to up to 52 calls/reports after Normal Business Hours in the Town of Queensbury per one-
year Agreement term.
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•
If the Town exceeds the 52 emergency responses outside of Normal Business
Hours in a given term year, 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 covered under the terms of this Agreement, such
response shall not count against the 52 responses outside of Normal Business Hours
covered per year nor shall it constitute a response for which a $200 charge may be
imposed.
5. IMPOUND FEES. Impound fees shall be calculated at $15 per day per dog.
The Town's annual fee to be paid to the SPCA pursuant to Paragraphs 3 and 7 shall
include the cost of up to $10,000 worth of impound fees. Any impound fees beyond the
initial $10,000 shall be charged to the Town at the same $15 per dog per day fee.
6. REPORTING. The SPCA shall provide written monthly reports to the Town
Supervisor 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 and each
date for which the dog was impounded in the given month.
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7. 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 2016 shall
be due in approximately May of 2016. However, no such payments will be made until the
monthly report set forth at Paragraph 5 is received by the Town Supervisor and Town
Budget Officer. If fees for emergency responses outside of Normal Business Hours or
impound fees are due and owing to the SPCA for a given month, pursuant to Paragraph 4
or Paragraph 5, the related emergency response or impound 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.
8. STAFFING. On or before the time of execution of this Agreement, the
SPCA shall hire the Town's current Animal Control Officer and Deputy Animal Control
Officer. However, this Agreement is not contingent upon their continued employment.
The SPCA shall maintain fulltime staffing 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.
9. INSURANCE. The SPCA shall provide liability insurance coverage in types
and amounts as required by the Town. For the first year, 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
5
time of Agreement execution.
10. 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 regular 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 as
of the 1St day of April, 2016.
WARREN COUNTY SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, INC.
By:
TOWN OF ea . yR/I
By: f, ; 41110
JOHN • . STROU e H, •UP RVISO-
6
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN )
On this 3614' day of March in the year 2016 before me, the undersigned, a notary
public in and for said state, personally appeared JOHN F. STROUGH, 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.
Pcu/L&. O.
Notary Public
PAMELA A. HUNSINGER
Notary Public,State of New York
Warren County No.01HU4946222
STATE OF NEW YORK ) Commission Expires Jan.27,2012
ss.:
COUNTY OF WARREN )
On this 3)st day of March in the year 2016 before me, the undersigned, a
notary public in and for said state, personally appeared,),os .Rbr-e 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.
t2LLU??L1 C. LLP G
Notary Public
PAMELA A. HUNSINGER
Notary Public,State of New York
Warren County No.01 HU4946222
Commission Expires Jan.27,20,4_
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EXHIBIT A -Equipment Inventory
Inv.# Equipment Description Qty Make/Model, if available Condition
1 Bite Gloves 3 Leather/Nylon Gloves New
2 Leather/Nylon Gloves Used/fair
2 Flashlight 1 Nightstick 9746 Used/good
3 Baton 1 Baton Used
4 Handheld Radio 1 Motorola HT 1250 Used
5 Nylon Gearbag 1 unk Used/fair
6 Plastic dog crate 1 28"Retriever crate Used/fair
7 Snares 1 4'snare Like new
1 5'snare Like new
3 7'snare Like new
8 Animal Control Van 1 2013 Ford E-350 w/int. rack system Used
VIN 1FTSE3EL6DDA3805
41,294 miles as of 2/8/16
Rack system/shelves Used
Light Package low profile Used
Asst.tools,equip,supplies new and used
9 Radio (hardmounted) 1 Motorola PM400 Used
10 Plastic dog crate 1 42" Retriever crate Used/fair
11 dog crates 1 42"wire collapsible crate Used/bad
1 30" Retriever plastic crate Used/fair