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2003-047RESOLUTION NG. 2J, (3 y 7 RESOLUTION APPROVING EXECUTION OF VETERINARY SERVICES AGREEMENT WITH THE ANIMAL HOSPITAL OF WAPPINGERS FALLS 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 the day of January, 2002, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Councilmen - ABSENT: Joseph Ruggiero Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey The following Resolution was introduced by Mr. Paoloni and seconded by Mr. Colsey WHEREAS, the Town Dog Control Officer, Jerry Owen, is empowered to seize dogs in accordance with the provisions of Agriculture and Markets Law § 118; and WHEREAS, in accordance with Agriculture and Markets Law § 115, the Town Board wishes to establish a shelter for dogs seized by the Town Dog Control Officer; and WHEREAS, Daniel J. Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers Falls, (hereinafter referred to "HOSPITAL") maintains a kennel for boarding of dogs and other animals at its office located at 79 Myers Corners Road, Wappingers Falls, New York 12590; and O:\WAPPINGE\Town Board\RESOLUTION\DogWardenK.doc -- WHEREAS, the Town Board wishes to enter into a Veterinary Service Agreement with HOSPITAL for the purposes of leasing of cages for shelter of dogs and other animals and for providing other veterinary services required by the Town. 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 and authorizes the Supervisor to execute the Veterinary Service Agreement between the Town of Wappinger and Daniel J. Hannigan, D.V.M., P.C. d/b/a Animal Hospital of Wappingers Falls, in the form attached hereto and made part hereof as Exhibit "l". 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Veterinary Service Agreement on behalf of the Town of Wappinger, for the term commencing immediately and terminating upon thirty (30) day written notice by a party in accordance with the conditions contained with Paragraph 10 of Exhibit "I". The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman Dated: Wappingers F lls, New York January r , 003 Voting Aye Voting Aye Voting Aye Voting Aye Voting Aye The Resolution is hereby duly i1 r GLORIA J. MORS / O:\WAPPINGE\Town Board\RESOLUTION\DogWardenK.doc adopted. AGREEMENT THIS AGREEMENT, made this _ day of January, 2003 by and between the following: TOWN OF WAPPINGER, A Municipal Corporation, with offices at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590, hereinafter referred to as "TOWN" and DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, with offices located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the "HOSPITAL" WITNESSETH: WHEREAS, the TOWN wishes to establish a shelter for the dogs seized by the TOWN Dog Control Officer pursuant to of Agriculture and Markets Law § 115; and WHEREAS, the TOWN wishes to lease by this Agreement certain kennels from the HOSPITAL for the purposes of providing shelter for dogs impounded by the TOWN Dog Control Officer and to otherwise satisfy its obligations under the provisions of the Agriculture and Markets Law; and WHEREAS, the parties desire to have the HOSPITAL perform certain services hereinafter defined while dogs are confined to said kennels; and WHEREAS, the HOSPITAL maintains a kennel for the boarding of dogs, cats and other animals located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the PREMISES; and WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc WHEREAS, the TOWN seeks to safeguard the health, safety and welfare of its residents through immunization and mandatory spay/neuter of dogs and other animals, as well as euthanasia as necessary, pursuant to Agriculture and Markets Law §377-a. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Recitations. The recitations above set forth are incorporated in this Agreement as if fully set forth and adopted herein. 2. Lease of Cages/ Rent. A. Cages. The HOSPITAL hereby leases to the TOWN, and the TOWN hereby leases from the HOSPITAL, eight (8) cages for dogs seized by the TOWN Dog Control Officer situated in an existing kennel building of the HOSPITAL at the PREMISES. Said leased kennels are to be labeled "Leased by the Town of Wappinger." The HOSPITAL shall keep such cages reasonably sanitary and clean and shall assume that each animal brought to the PREMISES by the TOWN Dog Control Officer is properly sheltered, fed and watered for the redemption period specified in §68- 8 of the Code of the Town of Wappinger. B. Rent. The annual rent shall be Six Thousand Dollars ($6,000) which the TOWN will pay to the HOSPITAL in equal monthly installments in the sum of Five Hundred Dollars ($500) per month payable on the first of each month following the execution of this Agreement. O:\W'APPINGE\To,A,n Board \DogWardenAgt\AGREEMENT. doc 3. Shelter of Animals. A. Unlicensed and Unidentified Animals. All unlicensed or unidentified animals, except cats, brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the PREMISES for five (5) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the expiration of the redemption period, iii. the fifth day falls on a day that the HOSPITAL is not open for business, or iv. the Dog Control Officer fails to pick up the animal before the close of the HOSPITAL'S business day. v. Cats shall be kept for one (1) day. B. Licensed Animals. All licensed animals brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the HOSPITAL'S PREMISES for a period of seven (7) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the expiration of the redemption period, Ili. the seventh day falls on a day that the HOSPITAL is not open for business, or 3 O:\WAPPINGE\Towm Board\DogWardenAgt\AGREEMENT.doc iv. the Dog Control Officer fails to pick up the animal before the close of the HOSPITAL'S business day. C. Adoption. At the expiration of the above mentioned periods of redemption, the owner shall forfeit title to any animal unredeemed and said animal shall than be made available for adoption or euthanasia pursuant to Agriculture and Markets Law and §68-9 of the Town Code. 4. Fees and Charges. A. Boarding Rates. The daily boarding rate per dog, notwithstanding the size of animal, shall be $9 per diem. The daily boarding rate per cat, notwithstanding the size of animal, shall be $6 per diem. B. Euthanasia and Cremation. The HOSPITAL shall be paid for euthanazing or cremating an animal in accordance with the following schedule: i. Euthanasia Charge: • Fora Dog: $10 • For a Cat: $10 ii. Cremation Charge: • For a Dog: 25 pounds - $20 26-50 pounds - $25 50-75 pounds - $35 76 — 100 pounds - $45 Over 100 pounds - $65 • For a Cat: $20, notwithstanding the size of animal WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doe C. Inoculations. All dogs admitted to the HOSPITAL shall be vaccinated against canine -distemper; infectious bronchitis and rabies. The TOWN shall be responsible for the costs of the following vaccinations: i. Rabies: $20 ii. DHL-PPVC: $20 iii. Bordatella: $10 iv. Fecal Exam: $14 V. Heartworm test: $15 D. Other fees. In the event an animal requires treatment other than identified herein and such treatment is approved by the Dog Control Officer and/ or Town Supervisor, the HOSPITAL shall charge the Town seventy-five (75%) of the rate normally charged by the HOSPITAL for such treatment. 5. Pavment of Costs Prior to Adoption/ Redemption of Animals. The redemption (recovery) of animals by their owners shall be processed and all fines, fees and costs shall be collected by the TOWN prior to redemption or adoption of an animal in accordance with the requirements of the Agriculture and Markets Law as well as the provisions of Chapter 68 of the Town Code. The HOSPITAL shall be authorized to release identified animals to the owner upon proof of ownership and upon proof of payment by the owner of all fines, fees and costs of impoundment together with the costs of medical treatment and costs of licensing fees, if any. Fees and costs charged by the HOSPITAL shall be transmitted to the Town Clerk by monthly invoices together with such other documentation as prescribed by the Town Comptroller. Upon payment of such fees and costs, the Town Clerk shall notify the HOSPITAL in 5 O:\WAPPINGE\Town Board\Dog WardenAgt\AGREEMENT.doc writing thereby authorizing the HOSPITAL to release the animal to the owner. No animal shall be released unless the owner has a current and valid license for such animal. If no such current and valid license exists, a license must be purchased as a precondition of redemption of said animal. 6. Adoption. A. The HOSPITAL shall arrange for the adoption of dogs upon payment of all outstanding fines, fees and costs by the person(s) seeking the adoption of said dog(s). All unidentified dogs are to be eligible for adoption on the sixth day from impoundment. Identified or claimed dogs are to be eligible for adoption on the eighth day following notification of impoundment to the owner. The HOSPITAL may also adopt for its own purposes any impounded dogs after the same prescribed periods and upon payment by the HOSPITAL of all outstanding fees and costs. B. Pursuant to §377-a of the New York State Agriculture and Markets Law attached hereto and made a part hereof as Exhibit "A", the HOSPITAL further agrees not to release a cat or dog for adoption to any person unless prior thereto either: 1. the dog or cat has been spayed or neutered; or 2. the person intending to adopt the dog or cat shall have executed a written agreement with the HOSPITAL ensuring that the dog or cat will be spayed/neutered within thirty (30) days from the adoption date, or in the case of a dog or cat which has not reached sexual maturity, within thirty (30) days following the dog or cat reaching six (6) months of age. Written 6 WMAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc documentation must be made of adoption stating adoption date, animal age, reproductive state and if a Thirty Five Dollars ($35) refundable deposit was collected. Any person seeking to adopt a dog or cat that has not yet been spayed/neutered must further post a refundable spay/neuter of Thirty Five Dollars ($35) in conjunction with their written agreement with the HOSPITAL ensuring that the dog or cat to be spayed/neutered within thirty (30) days from the adoption date or within thirty (30) days of the dog or cat reaching six (6) months of age. Animals that may not be spayed/ neutered within the time afforded by §377-a of the Agriculture and Markets Law because of advanced age or other health reasons shall be exempt from such procedures upon certification from the HOSPITAL that the animal has been examined and surgery would endanger the life of said animal. 7. Payments. The HOSPITAL shall paid for all services rendered pursuant to their Agreement upon preparation of monthly invoices or vouchers approved by the TOWN and upon review and audit by the Town Board or the Town Comptroller. 7 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc S. Basic Care. From time to time, when any of the kennels leased by the TOWN have dogs, cats and other animals placed therein by the Dog Control Officer, the HOSPITAL agrees to provide the following services for said animals: 1. provide daily food and water in accordance with accepted practices; 2. maintain the kennel area in a clean and wholesome manner; 3. maintain shelter records of dogs/ animals received from the Dog Control Officer. 9. Treatment of Young, Iniured or Ill Animals. Injured or ill animals will be treated at the TOWN'S expense including emergency medical treatment to dogs as the HOSPITAL, in its professional discretion. deems appropriate, however, prolonged treatment will not be provided to dogs in a poor state of health or to unidentified dogs that, in the HOSPITAL'S opinion, are unlikely to be adopted. Further, distemper shots shall be administered to puppies which have a reasonable prospect for adoption according to the opinion of the HOSPITAL. Unhealthy litters will be euthanized at the discretion of the HOSPITAL. All services provided by the HOSPITAL shall meet the minimum standards prescribed by applicable governmental rules and regulations. 10. Term. The term of this Agreement shall be for the period commencing on the date hereof and shall continue until terminated by either party upon thirty (30) days N O:\WAPPINGE\Town Board\Dog WardenAgt\AGREEMENT.doc 16. Benefit. This Agreement shall be binding upon inure to the benefit and burden of and shall be enforceable by the parties and their respective successors and assigns. 17. Entire ALreement. This Agreement constitutes the entire agreement among the parties hereto. There are no other agreements, representations, or warranties beyond those that are set forth herein. All prior negotiations, agreements and understandings are superceded hereby. This Agreement may not be amended or revised except in writing by the parties hereto. IN WITNESS WHEREOF, the parties have reviewed, signed and accepted this Agreement of the day and the year herein indicated. Dated: Dated: WWAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc TOWN OF WAPPIN Jo§6fbh Ruggiero, DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, By: Dr. Stephen Crew MANDATORY SPAY/NEUTER OF ADOPTED ANIMALS LAWS OF NEW YORK, 2001, CHAPTER 387 The mandatory spay/neuter of animals adopted from animal adopting organizations was signed into law October 31, 2001, with the approval of the Governor. It was passed by a majority vote, three-fifths being present, of the NYS Legislature and was effective November 1, 2001. Article 26 of the NYS Agriculture and Markets Law is amended by adding a new section 377-a to read as follows: § 377-a. Spaying and neutering of dogs and cats. 1. The legislature finds that the uncontrolled breeding of dogs and cats in the state results in an overabundance of puppies and kittens. More puppies and kittens are produced than responsible homes for them can be provided. This leads to many of such animals becoming stray and suffering privation and death, being impounded and destroyed at great expense to the community and constituting a public nuisance and health hazard. It is therefore declared to be the public policy of New York state that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged. 2. No animal shelter, pound, dog control officer. humane society, dog or cat protective assOC;atior Or duly incorporated society "Cr the Drevention of crueft:' -c an;malS shall release any cad or :;at ;o- aocDro c ani Dersor :Mess Dnor meretc ;a' Dnp cod or- cat las Geer scavec c- le'Eterec: ib) the person intending to adopt the dog or cat snail nave executee a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall deposit with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, an amount of not less than thirty-five dollars. Not more than every two years, the commissioner, after holding a public hearing, may raise the amount to be deposited to reflect rising costs; or (c) the person intending to adopt the dog or cat shall have executed a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall have paid an adoption fee which includes the cost of the spay or neuter prr edure. The written agreement shall require that the animal shelter, pound, dog co;itrol officer, humane society, dog or cat protective association or society for the prevention of cruelty AGREEMENT THIS AGREEMENT, made this day of January, 2003 by and between the following: TOWN OF WAPPINGER, A Municipal Corporation, with offices at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590, hereinafter referred to as "TOWN" and DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, with offices located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the "HOSPITAL" WITNESSETH: WHEREAS, the TOWN wishes to establish a shelter for the dogs seized by the TOWN Dog Control Officer pursuant to of Agriculture and Markets Law § 115; and WHEREAS, the TOWN wishes to lease by this Agreement certain kennels from the HOSPITAL for the purposes of providing shelter for dogs impounded by the TOWN Dog Control Officer and to otherwise satisfy its obligations under the provisions of the Agriculture and Markets Law; and WHEREAS, the parties desire to have the HOSPITAL perform certain services hereinafter defined while dogs are confined to said kennels; and WHEREAS, the HOSPITAL maintains a kennel for the boarding of dogs, cats and other animals located at 79 Myers Corners Road, Wappingers Falls, New York 12590, hereinafter referred to as the PREMISES; and O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc WHEREAS, the TOWN seeks to safeguard the health, safety and welfare of its residents through immunization and mandatory spay/neuter of dogs and other animals, as well as euthanasia as necessary, pursuant to Agriculture and Markets Law §377-a. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Recitations. The recitations above set forth are incorporated in this Agreement as if fully set forth and adopted herein. 2. Lease of Cayes/ Rent. A. Cages. The HOSPITAL hereby leases to the TOWN, and the TOWN hereby leases from the HOSPITAL, eight (8) cages for dogs seized by the TOWN Dog Control Officer situated in an existing kennel building of the HOSPITAL at the PREMISES. Said leased kennels are to be labeled "Leased by the Town of Wappinger." The HOSPITAL shall keep such cages reasonably sanitary and clean and shall assume that each animal brought to the PREMISES by the TOWN Dog Control Officer is properly sheltered, fed and watered for the redemption period specified in §68- 8 of the Code of the Town of Wappinger. B. Rent. The annual rent shall be Six Thousand Dollars ($6,000) which the TOWN will pay to the HOSPITAL in equal monthly installments in the sum of Five Hundred Dollars ($500) per month payable on the first of each month following the execution of this Agreement. 2 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc 3. Shelter of Animals. A. Unlicensed and Unidentified Animals. All unlicensed or unidentified animals, except cats, brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the PREMISES for five (5) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the expiration of the redemption period, iii. the fifth day falls on a day that the HOSPITAL is not open for business, or iv. the Dog Control Officer fails to pick up the animal before the close of the HOSPITAL'S business day. v. Cats shall be kept for one (1) day. B. Licensed Animals. All licensed animals brought to the PREMISES by the TOWN Dog Control Officer shall be kept at the HOSPITAL'S PREMISES for a period of seven (7) days, unless: i. the TOWN requests that the HOSPITAL hold an animal for a longer period, ii. the animal is redeemed by its owner before the expiration of the redemption period, iii. the seventh day falls on a day that the HOSPITAL is not open for business, or 3 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc iv. the Dog Control Officer fails to pick up the animal before the close of the HOSPITAL'S business day. C. Adoption. At the expiration of the above mentioned periods of redemption, the owner shall forfeit title to any animal unredeemed and said animal shall than be made available for adoption or euthanasia pursuant to Agriculture and Markets Law and §68-9 of the Town Code. 4. Fees and Charges. A. Boarding Rates. The daily boarding rate per dog, notwithstanding the size of animal, shall be $9 per diem. The daily boarding rate per cat, notwithstanding the size of animal, shall be $6 per diem. B. Euthanasia and Cremation. The HOSPITAL shall be paid for euthanazing or cremating an animal in accordance with the following schedule: i. Euthanasia Charge: • Fora Dog: $10 • Fora Cat: $10 ii. Cremation Charge: • For a Dog: 25 pounds - $20 26-50 pounds - $25 50-75 pounds - $35 76 — 100 pounds - $45 Over 100 pounds - $65 • For a Cat: $20, notwithstanding the size of animal 2 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc C. Inoculations. All dogs admitted to the HOSPITAL shall be vaccinated against canine -distemper; infectious bronchitis and rabies. The TOWN shall be responsible for the costs of the following vaccinations: i. Rabies: $20 ii. DHL-PPVC: $20 iii. Bordatella: $10 iv. Fecal Exam: $14 V. Heartworm test: $15 D. Other fees. In the event an animal requires treatment other than identified herein and such treatment is approved by the Dog Control Officer and/ or Town Supervisor, the HOSPITAL shall charge the Town seventy-five (75%) of the rate normally charged by the HOSPITAL for such treatment. 5. Payment of Costs Prior to Adoption/ Redemption of Animals. The redemption (recovery) of animals by their owners shall be processed and all fines, fees and costs shall be collected by the TOWN prior to redemption or adoption of an animal in accordance with the requirements of the Agriculture and Markets Law as well as the provisions of Chapter 68 of the Town Code. The HOSPITAL shall be authorized to release identified animals to the owner upon proof of ownership and upon proof of payment by the owner of all fines, fees and costs of impoundment together with the costs of medical treatment and costs of licensing fees, if any. Fees and costs charged by the HOSPITAL shall be transmitted to the Town Clerk by monthly invoices together with such other documentation as prescribed by the Town Comptroller. Upon payment of such fees and costs, the Town Clerk shall notify the HOSPITAL in G O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc writing thereby authorizing the HOSPITAL to release the animal to the owner. No animal shall be released unless the owner has a current and valid license for such animal. If no such current and valid license exists, a license must be purchased as a precondition of redemption of said animal. 6. Adoption. A. The HOSPITAL shall arrange for the adoption of dogs upon payment of all outstanding fines, fees and costs by the person(s) seeking the adoption of said dog(s). All unidentified dogs are to be eligible for adoption on the sixth day from impoundment. Identified or claimed dogs are to be eligible for adoption on the eighth day following notification of impoundment to the owner. The HOSPITAL may also adopt for its own purposes any impounded dogs after the same prescribed periods and upon payment by the HOSPITAL of all outstanding fees and costs. B. Pursuant to §377-a of the New York State Agriculture and Markets Law attached hereto and made a part hereof as Exhibit "A", the HOSPITAL further agrees not to release a cat or dog for adoption to any person unless prior thereto either: 1. the dog or cat has been spayed or neutered; or 2. the person intending to adopt the dog or cat shall have executed a written agreement with the HOSPITAL ensuring that the dog or cat will be spayed/neutered within thirty (30) days from the adoption date, or in the case of a dog or cat which has not reached sexual maturity, within thirty (30) days following the dog or cat reaching six (6) months of age. Written C O:\WAPPME\Town Board\DogWardenAgt\AGREEMENT.doc documentation must be made of adoption stating adoption date, animal age, reproductive state and if a Thirty Five Dollars ($35) refundable deposit was collected. Any person seeking to adopt a dog or cat that has not yet been spayed/neutered must further post a refundable spay/neuter of Thirty Five Dollars ($35) in conjunction with their written agreement with the HOSPITAL ensuring that the dog or cat to be spayed/neutered within thirty (30) days from the adoption date or within thirty (30) days of the dog or cat reaching six (6) months of age. Animals that may not be spayed/neutered within the time afforded by §377-a of the Agriculture and Markets Law because of advanced age or other health reasons shall be exempt from such procedures upon certification from the HOSPITAL that the animal has been examined and surgery would endanger the life of said animal. 7. Payments. The HOSPITAL shall paid for all services rendered pursuant to their Agreement upon preparation of monthly invoices or vouchers approved by the TOWN and upon review and audit by the Town Board or the Town Comptroller. 7 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc 8. Basic Care. From time to time, when any of the kennels leased by the TOWN have dogs, cats and other animals placed therein by the Dog Control Officer, the HOSPITAL agrees to provide the following services for said animals: 1. provide daily food and water in accordance with accepted practices; 2. maintain the kennel area in a clean and wholesome manner; maintain shelter records of dogs/ animals received from the Dog Control Officer. 9. Treatment of Young, Injured or Ill Animals. Injured or ill animals will be treated at the TOWN'S expense including emergency medical treatment to dogs as the HOSPITAL, in its professional discretion, deems appropriate, however, prolonged treatment will not be provided to dogs in a poor state of health or to unidentified dogs that, in the HOSPITAL'S opinion, are unlikely to be adopted. Further, distemper shots shall be administered to puppies which have a reasonable prospect for adoption according to the opinion of the HOSPITAL. Unhealthy litters will be euthanized at the discretion of the HOSPITAL. All services provided by the HOSPITAL shall meet the minimum standards prescribed by applicable governmental rules and regulations. 10. Term. The term of this Agreement shall be for the period commencing on the date hereof and shall continue until terminated by either party upon thirty (30) days O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc advance written notice to the other party in accordance with Paragraph 14 of this Agreement. 11. Hours of Operation. The TOWN through its Dog Control Office shall have access to the kennels leased pursuant to this Agreement during the HOSPITAL'S normal business hours: 7:30 a.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays; 7:30 a.m. to 6:00 p.m. on Thursdays and Fridays; 8:00 a.m. to 4 p.m. on Saturdays; and 9 a.m. to 12:00 p.m. on Sundays. The Dog Control Officer shall also be provided with a key to the PREMISES allowing for access to the leased kennels after normal business hours. 12. Indemnification. The HOSPITAL 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 HOSPITAL. The TOWN shall defend, indemnify and hold the HOSPITAL, 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. 13. Insurance. During the term of this Agreement, the HOSPITAL shall maintain comprehensive general liability insurance issued by carrier authorized to issue such insurance in the State of New York with a Best Rating of "A" in the amount of at least 0 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doe One Million Dollars ($1,000,000), naming the TOWN as an additional insured and providing for at least thirty (30) days notice of cancellation. 14. Notices. All notices and written communications between the parties to this Agreement, except the HOSPITAL'S invoices/vouchers and TOWN'S remittances, shall be deemed to have been delivered upon receipt or refusal of delivery of regular mail and with a copy of same via facsimile to the following addresses: If to the TOWN: Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Gloria Morse, Town Clerk Facsimile No. 845-297-4558 and If to the HOSPITAL: Animal Hospital of Wappingers Falls 79 Myers Corners Road Wappingers Falls, New York 12590 Attention: Dr. Stephen Crew Facsimile No. 845-297-2402 Any party that wishes to change the address to which notice is to be sent may do so by like notice. Any officially elected successor TOWN representative will be deemed to have been changed as to this notice provision by virtue of his/ her assumption of their office. All notices regarding defaults shall be transmitted by both mail and facsimile. 15. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of New York. 10 O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc 16. Benefit. This Agreement shall be binding upon inure to the benefit and burden of and shall be enforceable by the parties and their respective successors and assigns. 17. Entire Agreement. This Agreement constitutes the entire agreement among the parties hereto. There are no other agreements, representations, or warranties beyond those that are set forth herein. All prior negotiations, agreements and understandings are superceded hereby. This Agreement may not be amended or revised except in writing by the parties hereto. IN WITNESS WHEREOF, the parties have reviewed, signed and accepted this Agreement of the day and the year herein indicated. Dated: Dated: O:\WAPPINGE\Town Board\DogWardenAgt\AGREEMENT.doc TOWN OF WAPPIN By: ' l Jo h Ruggiero, S e 'sor DANIEL J. HANNIGAN, D.V.M., P.C. d/b/a ANIMAL HOSPITAL OF WAPPINGERS FALLS, By: 11 Dr. Stephen Crew MANDATORY SPAY/NEUTER OF ADOPTED ANIMALS LAWS OF NEW YORK, 2001, CHAPTER 387 The mandatory spay/neuter of animals adopted from animal adopting organizations was signed into law October 31, 2001, with the approval of the Governor. It was passed by a majority vote, three-fifths being present, of the NYS Legislature and was effective November 1, 2001. Article 26 of the NYS Agriculture and Markets Law is amended by adding a new section 377-a to read as follows. § 377-a. Spaying and neutering of dogs and cats. 1. The legislature finds that the uncontrolled breeding of dogs and cats in the state results in an overabundance of puppies and kittens. More puppies and kittens are produced than responsible homes for them can be provided. This leads to many of such animals becoming stray and suffering privation and death, being impounded and destroyed at great expense to the community and constituting a public nuisance and health hazard. It is therefore declared to be the public policy of New York state that every feasible humane means of reducing the production of unwanted puppies and kittens be encouraged. 2. No animal shelter, pound, dog control officer, humane society, dog or cat protective association. or duly incorporated society for the prevention of cruelty to animals shall release any dog or cat for adoption to any person unless prior thereto (a) the dog or cat has been spayed or neutered; or (b) the person intending to adopt the dog or cat shall have executed a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall deposit with the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, an amount of not less than thirty-five dollars. Not more than every two years, the commissioner, after holding a public hearing, may raise the amount to be deposited to reflect rising costs; or (c) the person intending to adopt the dog or cat shall have executed a written agreement with the animal shelter, pound, dog control officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals to have the dog or cat spayed or neutered within thirty days from the adoption date, or in the case of a dog or cat which has not yet reached sexual maturity, within thirty days of the dog or cat reaching six months of age. The person intending to adopt the dog or cat shall have paid an adoption fee which includes the cost of the spay or neuter prr edure. The written agreement shall require that the animal shelter, pound, dog control officer, humane society, dog or cat protective association or society for the prevention of cruelty to animals from which the dog or cat is adopted bear the cost of the spay or neuter procedure. 3. For the purposes of this section, the age of the animal at the time of adoption shall be determined by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals that releases the animal for adoption and such age shall be clearly written on the written agreement by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, prior to the agreement being executed by the person adopting the animal. 4. Any deposit collected pursuant to paragraph (b) of subdivision two of this section that is not claimed within ninety days of its collection, or if the deposit is for an animal under six months of age, within sixty days after the animal has reached six months of age, shall be deposited in the animal population control fund established pursuant to section ninety-seven-xx of the state finance law. Deposits collected pursuant to paragraph (b) of subdivision two of this section shall be refunded to the adopter upon presentation to the animal shelter, pound, dog control officer, humane society, dog and cat protective association, or duly incorporated society for the prevention of cruelty to animals of written documentation from a licensed veterinarian that the dog or cat has been spayed or neutered, provided that the animal has been spayed or neutered within the time specified in the written agreement, or that because of old age or other health reasons, as certified by a licensed veterinarian examining the dog or cat, spaying or neutering would endanger the animal's life. 5. Nothing contained in this section shall prevent anv town. city. village n -r county in New York state from enacting a local law or ordinance requiring that animal shelters, pounds, dog control officers, humane societies, dog or cat protective associations and duly incorporated societies for the prevention of cruelty to animals within such town, city, village or county spay or neuter dogs and cats prior to releasing such animals for adoption, provided that such local law or ordinance may require spaying or neutering at an age earlier, but in no event later than that required in this section, except where because of advanced age or other health reasons, as certified by a licensed veterinarian who has examined the dog or cat, spaying or neutering would endanger the life of the animal. A town, city, village or county in New York state that enacts such a local law or ordinance shall be exempt from the provisions of this section. Key Components of New Mandatory Spay/Neuter Law 1. Requires any cat or dog adopted from an organization (animal shelter, pound, dog control officer, humane society, SPCA and dog or cat protective association) to be spay/neutered prior to adoption OR 2. If not spayed/neutered or has not reached sexual maturity, person adopting must post a refundable spay/neuter deposit of $35.00 and agree to spay/neuter animal within 30 days of adoption (or 30 days of animal reaching 6 months of age) ♦ Written documentation must be made of adoption stating adoption date, animal age, reproductive state and if the $35 refundable deposit.collected ♦ Animal's age determined by animal organization at time of adoption ♦ $35 deposit refunded when: 1. adopting owner presents written documentation from licensed vet that animal has been spayed/neutered or 2. adopting owner presents written documentation from licensed vet that because of age or other health reasons, s/n would endanger the animal's life 3. If adoption fee includes cost of s/n, $35 deposit not required if: ♦ Written agreement executed for s/n dog or cat within 30 days of adoption (or if less than 6 months, with 30 days of reaching 6 months) ♦ Animal organization must bear the s/n procedure cost as owner already paid for it in adoption fee ♦ Took effect November 1, 2001 (yes, it's already in effect) ♦ Unclaimed $35 deposits must be remitted to the Department and deposited in the NYS Animal Population Control Program: ♦ For animals over 6 months — within 90 days of adoption and deposit collection ♦ For animals less than 6 months — within 60 days after the animal has reached 6 months of age ♦ Towns, cities, villages and counties allowed to enact local laws and ordinances requiring can adopt local laws and ordinances requiring ♦ spaying and neutering at earlier age BUT ♦ cannot make a later age that required by this state law EXCEPT ♦ for animals which because of advanced age or other health reasons a licensed veterinarian certifies that the animal has been examined and s/n surgery would endanger life of animal. to animals from which the dog or cat is adopted bear the cost of the spay or neuter procedure. 3. For the purposes of this section, the age of the animal at the time of adoption shall be determined by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals that releases the animal for adoption and such age shall be clearly written on the written agreement by the animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals, prior to the agreement being executed by the person adopting the animal. 4. Any deposit collected pursuant to paragraph (b) of subdivision two of this section that is not claimed within ninety days of its collection, or if the deposit is for an animal under six months of age, within sixty days after the animal has reached six months of age, shall be deposited in the animal population control fund established pursuant to section ninety-seven-xx of the state finance law. Deposits collected pursuant to paragraph (b) of subdivision two of this section shall be refunded to the adopter upon presentation to the animal shelter, pound, dog control officer, humane society, dog and cat protective association, or duly incorporated society for the prevention of cruelty to animals of written documentation from a licensed veterinarian that the dog or cat has been spayed or neutered, provided that the animal has been spayed or neutered within the time specified in the written agreement, or that because of old age or other health reasons, as certified by a licensed veterinarian examining the dog or cat, spaying or neutering would endanaer the animal's life. !VcTrin_ �;=LaireC !r mis section 3i ail --revenl ars :cwr aid '�.IIaae Ne,A. r": siaie -'ter' enactinc - !aw -rcirarCe-eQuirinc 'nczi ai ,! :a eiterc pounas.:.og ccntroi officers, humane societies, cog or cat protective associations and duly incorporated societies for the prevention of cruelty to animals within such town, city, village or county spay or neuter dogs and cats prior to releasing such animals for adoption, provided that such local law or ordinance may require spaying or neutering at an age earlier, but in no event later than that required in this section, except where because of advanced age or other health reasons, as certified by a licensed veterinarian who has examined the dog or cat, spaying or neutering would endanger the life of the animal. A town, city, village or county in New York state that enacts such a local law or ordinance shall be exempt from the provisions of this section. x Key Components of New Mandatory Spay/Neuter Law 1. Requires any cat or dog adopted from an organization (animal shelter, pound, dog control officer, humane society, SPCA and dog or cat protective association) to be spay/neutered prior to adoption OR 2. If not spayed/neutered or has not reached sexual maturity, person adopting must post a refundable spay/neuter deposit of $35.00 and agree to spay/neuter animal within 30 days of adoption (or 30 days of animal reaching 6 months of age) ♦ Written documentation must be made of adoption stating adoption date, animal age, reproductive state and if the $35 refundable deposit. collected ♦ Animal's age determined by animal organization at time of adoption ♦ $35 deposit refunded when: 1. adopting owner presents written documentation from licensed vet that animal has been spayed/neutered or 2. adopting owner presents written documentation from licensed vet that because of age or other health reasons, s/n would endanger the animal's life 3. If adoption fee includes cost of s/n, $35 deposit not required if: ♦ Written agreement executed for s/n dog or cat within 30 days of adoption (or if iess than 6 months. with 30 days of reaching 6 months) ♦ Animal organization must bear the sin oroceaure cost as owner alreaay Dal(] Tor o, in acootion Tee ♦ Took effect November 1, 2001 (yes, it's already in effect) ♦ Unclaimed $35 deposits must be remitted to the Department and deposited in the NYS Animal Population Control Program: ♦ For animals over 6 months — within 90 days of adoption and deposit collection ♦ For animals less than 6 months — within 60 days after the animal has reached 6 months of age ♦ Towns, cities, villages and counties allowed to enact local laws and ordinances requiring can adopt local laws and ordinances requiring ♦ spaying and neutering at earlier age BUT ♦ cannot make a later age that required by this state law EXCEPT ♦ for animals which because of advanced age or other health reasons a licensed veterinarian certifies that the animal has been examined and s/n surgery would endanger life of animal. advance written notice to the other party in accordance with Paragraph 14 of this Agreement. 11. Hours of Operation. The TOWN through its Dog Control Office shall have access to the kennels leased pursuant to this Agreement during the HOSPITAL'S normal business hours: 7:30 a.m. to 8:00 p.m. on Mondays, Tuesdays and Wednesdays; 7:30 a.m. to 6:00 p.m. on Thursdays and Fridays; 8:00 a.m. to 4 p.m. on Saturdays; and 9 a.m. to 12:00 p.m. on Sundays. The Dog Control Officer shall also be provided with a key to the PREMISES allowing for access to the leased kennels after normal business hours. 12. Indemnification. The HOSPITAL 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 HOSPITAL. The TOWN shall defend, indemnify and hold the HOSPITAL, 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. 13. Insurance. During the term of this Agreement, the HOSPITAL shall maintain comprehensive general liability insurance issued by carrier authorized to issue such insurance in the State of New York with a Best Rating of "A" in the amount of at least 12, O:\WAPPINGE\To++n Board\DogWardenAgt\AGREEMENT.doc One Million Dollars (S 1,000,000), naming the TOWN as an additional insured and providing for at least thirty (30) days notice of cancellation. 14. Notices. All notices and written communications between the parties to this Agreement, except the HOSPITAL'S invoices/vouchers and TOWN'S remittances, shall be deemed to have been delivered upon receipt or refusal of delivery of regular mail and with a copy of same via facsimile to the following addresses: If to the TOWN: Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Gloria Morse, Town Clerk Facsimile No. 845-297-4558 and If to the HOSPITAL: Animal Hospital of Wappingers Falls 79 Myers Corners Road Wappingers Falls, New York 12590 Attention: Dr. Stephen Crew Facsimile No. 845-297-2402 Any party that wishes to change the address to which notice is to be sent may do so by like notice. Any officially elected successor TOWN representative will be deemed to have been changed as to this notice provision by virtue of his/ her assumption of their office. All notices regarding defaults shall be transmitted by both mail and facsimile. 15. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of New York. 10 0 AWAPPINGE\Town I3oard\Dog WardenAgt\AGREEMENT.doc