Loading...
2008-3242008-324 Resolution Authorizing Execution of Dog Control Housing Agreement with Dutchess County SPCA At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on November 10, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy (arrived at 7:06 PM) Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Bettina. WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, pursuant to Agriculture and Markets Law § 118 (3), dogs seized by the Town Dog Control Officer are required to be properly sheltered, fed and watered during the redemption period; and WHEREAS, the Dutchess County Society for the Prevention of Cruelty to Animals (hereinafter DCSPCA) maintains a kennel for boarding of dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York, 12538; and WHEREAS, in accordance with Agriculture and Markets Law § 115(2), the Town Board wishes to contract with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, the Town Board wishes to enter into a Dog Control Housing Agreement with DCSPCA to shelter, water, feed and provide necessary veterinary services for dogs and other animals seized by the Town; and WHEREAS, DCSPCA has presented to the Town a Dog Control Housing Agreement, executed by DCSPCA, a copy of which is annexed hereto; and WHEREAS, the Town determines that it is in the best interest of the Town to enter into said Dog Control Housing Agreement as above described. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town of Wappinger hereby approves the Dog Control Housing Agreement, in the form annexed hereto and authorizes and directs the Supervisor to execute the Agreement by and on behalf of the Town of Wappinger. 3. The Town Clerk is hereby directed to forward a fully executed copy of the Agreement to the DCSPCA. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 11/10/2008 The Resolution is hereby duly declared adopted. �l C. HN C. MASTERSON, TOWN CLERK DOG CONTROL HOUSING AGREEMENT THIS AGREEMENT, made this day of , 2008, by and between DUTCHESS COUNTY SPCA, a New York State Not -For -Profit Corporation having an address of 636 Violet Avenue, Hyde Park, New York 12538, hereinafter referred to as "DCSPCA", and THE TOWN OF WAPPINGER, a municipal corporation with its offices located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590-0324, hereinafter referred to as the "TOWN". WHEREAS, the Town of Wappinger Dog Control Officer is empowered to seize dogs pursuant to the provisions of Agriculture and Markets Law § 118; and WHEREAS, this Agreement applies only to Dog seized by the Town of Wappinger Dog Control Officer; and WHEREAS, pursuant to Agriculture and Markets Law § 118, dogs seized by a Dog Control Officer are required to be properly sheltered, fed and watered during the applicable redemption period; and WHEREAS, DCSPCA maintains a kennel for boarding dogs and other animals at its office located at 636 Violet Avenue, Hyde Park, New York 12538; and WHEREAS, the TO .,rN Wishes to contract :with DCSPCA to provide shelter for dogs seized by the Town Dog Control Officer upon terms and conditions hereinafter set forth. NOW, THEREFORE, it is hereby agreed by and between DCSPCA and the TOWN as follows: WWappinger\Town Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/01/08 RECITATIONS INCORPORATED. The recitations above set forth are incorporated in this Agreement as if fully set forth and recited herein. 2. TERM OF AGREEMENT. This Agreement shall become effective immediately upon signing by the Town Board of the Town of Wappinger and shall continue until December 31, 2009. BOARDING AND VETERINARY CARE. DCSPCA hereby agrees to provide boarding and any needed veterinary care as required by the Agriculture and Markets Law for all dogs seized by the Town of Wappinger Dog Control Officer as follows: A. All dogs seized by the Town of Wappinger Dog Control Officer shall be delivered to the offices of DCSPCA at 636 Violet Avenue, Hyde Park, New York 12538; B. Each dog so delivered will be held for a minimum of seven (7) days before adoption when not identified as per applicable State Law; C. Dogs that are appropriately identified as outlined by State Law will be held for a minimum of eleven (11) days; D. All dogs will be evaluated by DCSPCA staff to determine if a dog's disposition and temperament will enable it to be adopted; DCSPCA; E. If the dog is determined to be adoptable, it will be placed for adoption by I . DCSPCA reserves the right to handle the ::nal disposition of dogs deemed to be unadoptable within the Mission Statement of the DCSPCA. 4. FEES. The TOWN will pay DCSPCA for each dog boarded as follows: A. For dogs not identified and not reclaimed within seven (7) days, a flat rate of $175.00 will be charged; this fee shall include all boarding shots and alterations; -2- O:\Wappinger\Town Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/01/08 B. For dogs identified and not reclaimed within the eleven (11) day hold period, the fee charged will be a flat rate of $215.00; this fee shall include all boarding shots and alterations; C. For dogs that have been seized due to a dangerous dog order by a Court of confident jurisdiction there will be an additional fee of $40.00, payable by the TOWN or the owner upon reclaim/redemption or disposition of the case. 5. RECLAIM/REDEMPTION OF DOGS. A. DCSPCA will process reclaims/redemptions of dogs at its office and at the following hours: each day from 11:30 A.M. until 4:00 P.M., and on weekends from 11:30 A.M. until 4:00 P.M.; and only when the Town is not otherwise open and the owner is not able to reclaim the dog(s) from the Town. 2. the TOWN will process all other reclaims/redemptions of dogs on weekdays from 8:30 A.M. to 4:00 P.M. B. The TOWN will process reclaims/redemptions of dogs as follows: 1. upon payment of the redemption fees, the TOWN will issue the pink copy of the Agriculture and Markets Department form DL 18 to the dog owner or designee, which will be evidence that the TOWN has received all reclaim/redemption fees; C. The owner of the dog will pay all other fees due the DCSPCA as follows: 1, boarding - $25.00 per day with one day minimum; 2. rabies shots - $25.00; 3. intact dog surcharge - $10.00 flat fee; -3- 01Wappinger\Town Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised l0/01/08 4. all fees due DCSPCA must be paid at time of reclaim/redemption of the dog and presentation of form DL 18. 6. KENNEL SPACE. At all times, the DCSPCA will provide kennel space for all dogs that are seized; the Dog Control Officer (DCO) will have access to DCSPCA kennels for the delivery of dogs at all times of day. 7. TRANSPORTATION. In the event a dog requires veterinary care, DCSPCA will provide transport and arrange for any necessary veterinary care; the TOWN will be charged for the veterinary fees as incurred by DCSPCA. INDEMNIFICATION. The DCSPCA shall defend, indemnify and hold the TOWN, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the DCSPCA. The TOWN shall defend, indemnify and hold the DCSPCA, its officials, officers and employees harmless from and against all actions, proceedings, claims, damages, liabilities, losses and expenses including, without limitation, reasonable attorney's fees arising out of the wrongful acts or admissions of the TOWN. 9. APPLICABLE LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of New York with regard to conflicts of laws and principles Gf lave. 10. WAIVER. No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving such breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for repetition of such or any other breach unless the waiver shall specifically include the same. M 0:1Wappingeffown Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/01/08 11. MODIFICATION. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. 12. NOTICES. All notices, demands, requests, consents, approvals or other communications (for the purpose of this paragraph collectively called "Notices") required or permitted to be given hereunder to any party to this Agreement shall be in writing and shall be sent by overnight delivery service or registered or certified mail, return receipt requested, postage prepaid, addressed as follows, or to such other address as such party shall have specified most recently by like Notice. If to DCSPCA: Dutchess County SPCA 636 Violet Avenue Hyde Park, New York 12538 If to TOWN: Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 With a Copy to: Dog Control Officer Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 13. SUCCESSORS and ASSIGNS. This Agreement shall apply to and bind the successors and heirs, administrators and executors of the parties hereto. -5- O:\Wappinger\Town Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/0 1/08 14. ENTIRE AGREEMENT. This written Agreement, when signed by all parties above identified, forms the entire Agreement between the parties and replaces and supercedes all prior Agreements or undertakings between the parties, if any. 15. BINDING EFFECT. This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties hereto. 16. AUTHORIZATION. This Agreement was authorized by Resolution of the Town Board of the Town of Wappinger, duly adopted at a regular meeting of the Town Board held on the day of , 2008. IN WITNESS WHEREOF, the parties have executed this Agreement in two (2) counter parts, each of which shall constitute an original, the day and year first above written. DUTCHESS COUNT SPCA By: f Jo L. Garrity, Executive Director TOWN OF WAPPINGER M. STATE OF NEW YORK COUNTY OF DUTCHESS Christopher J. Colsey, Supervisor On the day of , 2008, before me, the undersigned, personally appeared JOYCE L. GARRITY 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. f(, ;; lA BATCHELOR ,Ir,tary Public, f New York r:�ualified in ss County Reg. No. 01 BA6007861 Commission Expires VIz(a , 2010 u • ' • O'\Wappinger\Town Board\Dog Control Housing\DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/01/08 STATE OF NEW YORK COUNTY OF DUTCHESS On the day of , 2008, before me, the undersigned, personally appeared CHRISTOPHER J. COLSEY 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 -7- O:\Wappinger\Town Board\Dog Control Housing�DOG CONTROL HOUSING AGREEMENT.doc Last Revised 10/01/08