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AGREEMENTS\SPCA of Upstate New York—Dog Control Services—RENEW FOR 3 YEARS-4-20-2020
RESOLUTION AUTHORIZING THREE (3) YEAR RENEWAL OF
ANIMAL CONTROL SERVICES AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC.
RESOLUTION NO. ,2020
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 126,2018, the Town of Queensbury authorized an Animal
Control Services Agreement with the SPCA of Upstate New York, Inc., (SPCA) for a one (1) year
period, from April 1, 2018 through March 31, 2019, with the option of renewing such Agreement
for four(4)additional one(1)year terms, and
WHEREAS, by Resolution No.: 95,2019, the Town of Queensbury authorized the renewal
of the Agreement with the SPCA for a one (1) year period, from April 1, 2019 through March 31,
2020, and
WHEREAS, the Town Board wishes to renew such Agreement for a period of three (3)
years or from April 1, 2020 through March 31, 2023,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies a
three (3)year renewal of the Animal Control Services Agreement between the Town of Queensbury
and the SPCA of Upstate New York, Inc., (SPCA) from April 1, 2020 through March 31, 2023 for
an annual fee of:
• $76,500 for 4/1/20 - 3/31/21, in equal monthly installments of$6,250 to be paid in arrears,
• $78,000 for 4/1/21 - 3/31/22, in equal monthly installments of$6,500; and
• $79,600 for 4/1/22 - 3/31/23, in equal monthly installments of$6,633.33;
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 a new
Agreement to be in form acceptable to the Town Supervisor, Town Clerk, Town Budget Officer
and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Animal 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 20th day of April, 2020, by the following vote:
AYES :
NOES :
ABSENT:
AGREEMENTS\SPCA Upstate NY—April 12020 thru March 31 of 2023—4-20-20
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 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 folios. 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 dog control issues within the Town to the
SPCA. If the SPCA receives a calUcomplaint 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.);
d) Comply with the New York State Public Health Laws as related to the Animal 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;
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
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hour of receipt, but sooner if the situation requires.
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, 2020 and shall be for a three(3)
year period. The Agreement will expire at 11:59 p.m. on March 31, 2023. The Town shall have the
option to renew this Agreement for three (3) 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 preceding term.
3. CONSIDERATION. In consideration of the services provided by the SPCA, the
Town shall pay an annual fee of:
• $76,500 for 4/1/20-3/31/21,in equal monthly installments of$6,250 to be paid in arrears,
• $78,000 for 4/1/21 - 3/31/22, in equal monthly installments of$6,500; and
• $79,600 for 4/1/22 - 3/31/23, in equal monthly installments of$6,633.33;
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. ("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$100 per response. Calls/Reports after
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{
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 Noiival 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$100 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's
current impound facility is Glens Falls Animal Hospital located at 66 Glenwood Avenue,Queensbury,
New York. The Town may change the facility with which it contracts at the Town's sole discretion
and will provide reasonable notice of any such change 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. 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
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date for which the dog was impounded in the given month.
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 2020 shall be due in
approximately May of 2020. 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.
8. STAFFING AND EQUIPMENT. The SPCA shall maintain fulitime 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.
9. 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
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State Law. The SPCA shall provide the Town with certificates of insurance demonstrating acceptable
coverage at the 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
1 sc day of April, 2020.
SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS OF UPSTATE NEW YORK,INC.
By:
BARBARA ANGELO,PRESIDENT
TOWN OF QUEENSBURY
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By:
JOHN F. STROUGH,III, SUPERVISOR
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 )
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 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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