2012-269
2012-269
Resolution Authorizing Execution of Animal 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 October
9,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czamiecki (arrived at 7:39 PM)
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czamiecki and seconded by
Councilman Beale.
WHEREAS, the Town Dog Control Officer is empowered to seize dogs in accordance
with the provisions of Agriculture and Markets Law S 118; and
WHEREAS, pursuant to Agriculture and Markets Law S118 (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 S 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 an Animal 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 an Animal Housing Agreement, 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 Animal 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 Animal 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, subject to any
modifications recommended by the Attorney to the Town.
3. The Town Clerk is hereby directed to forward the Agreement to the DCSPCA for
signature.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
10/9/2012
The Resolution is hereby duly declared adopted.
,~
RISTINE FULTON; TOWN CLERK
ANIMAL HOUSING AGREEMENT
THIS AGREEMENT, made this _ day of
,2012, by and between
DUTCHESS COUNTY SPCA,
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
20 Middlebush Road
Wappinger Falls, New York 12590
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 9 118; and
WHEREAS, this Agreement applies only to dog(s) seized by the Town of Wappinger Dog
Control Officer; and
WHEREAS, pursuant to Agriculture and Markets Law 9118, dogs seized by a Dog Control
Officer are required to be properly 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 TOWN 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:
1. RECITATION INCORPORATED. These recitations above set forth are incorporated in
this Agreement as if fully set forth and recited herein.
2. TERMS OF AGREEMENT. This agreement shall become effective immediately upon
signing by the Town Board of the Town of Wappinger and shall continue until
September 1,2013.
3. BOARDING AND VETERINARY CARE. DCSPCA hereby agrees to provide boarding and
any 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
immediately 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;
E. If the dog is determined to be adoptable, it will be placed for adoption by
DCSPCA;
F. DCSPCA reserves the right to handle the final disposition of dogs deemed to be
unadoptable within the Mission Statement of the DCSPCA.
4. FEES. The TOWN will pay DCSPCA for each dog as follows:
A. For dogs not identified, whether or not reclaimed, within the seven (7) day hold
period, will be charged at a rate of $40.00 per day with a one (1) day minimum,
for a maximum_of seven (7) days; this fee shall include all boarding.
B. For dogs identified, whether or not reclaimed, within the eleven (11) day hold
period, a one (1) day minimum, will be charged at a rate of $40.00 per day for a
maximum of eleven (11) days; this fee shall include all boarding.
C. For dogs that have been seized due to a dangerous dog order by a Court of
competent jurisdiction there will be a fee of $150.00 if an SPCA employee must
appear in Court for any legal proceeding. This fee shall be in addition to any and
all daily boarding fees and is payable by the TOWN upon disposition of the
dangerous dog action.
5. RECLAIM / REDEMPTION OF DOGS.
A. DCSPCA processes reclaims/redemption of dogs at its office and at the following
hours:
1. 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.
2. The TOWN will process reclaims/redemptions of dogs on weekdays
from 8:30 A. M. to 4:00 P.M. Monday thru Friday.
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 evidence that the TOWN has received all
reclaim/redemption fees;
2. The owner will pay boarding fees to the DCSPCA, and dog will be
released only after the owner shows proof of DL-18.
C. The owner will pay any/all other fees due the DCSPCA as follows:
1. Additional boarding - $45.00 per day if dog not picked up same day as
redemption;
2. Rabies shots - $25.00;
3. Intact dog surcharge - $10.00 flat fee;
4. All fees due DCSPCA must be paid at time of reclaim/redemption of the
dog and presentation ofform DL-18;
D. Upon the Town Hall being closed (Le. after hours, holidays and weekends), the
DCSPCA may collect the redemption/board fees. Redemption fees collected by
the DCSPCA will be remitted back to the TOWN. Board fees collected by the
DCSPCA will be retained and board fees owed by the TOWN will be waived.
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. VETERINARY CARE. In the event a dog requires veterinary care, DCSPCA will
provide and arrange for any necessary care; the TOWN will be charged for the
veterinary fees as incurred by DCSPCA.
8. 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 actions of the DCSPCA. The
TOWN shall defend and 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 of law.
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 effect 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.
11. MODIFICAITON. 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 overnight delivery service or registered or certified mail,
return receipt requested, postage prepaid.
13. SUCCESSORS and ASSIGNS. This Agreement shall apply to bind the successors and
heirs, administrators and executor of the parties hereto.
14. ENTIRE AGREEMENT. This written Agreement, when signed by all parties above
indentified, forms the entire Agreement between the parties and replaces and
supersedes 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 ofthe 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 2012.
17. TERM. This contract can be cancelled at any time from either party with sixty (60)
days written notice.
18. PAYMENT. All bills submitted to the TOWN will be paid within sixty (60) days. If no
payment is made to the DCSPCA within sixty (60) days the DCSPCA reserves the right to
charge a $50.00 per month surcharge.
DUTCHESS COUNTY SPCA
By:
Joyce Garrity, Executive Director
TOWN OF WAPPINGER
By:
Town Supervisor