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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