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AUTHORIZING RENEWAL OF THE AGREEMENT WITH THE ERIE COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS d/b/a SPCA SERVING ERIE COUNTY FOR ANIMAL CONTROL AND DOG SHELTERING SERVICES FOR THE TERM OCTOBER 1, 2026 THROUGH SEPTEMBER 30, 2027 WHEREAS, the Town of Orchard Park (the “Town”) is required under Article 7 of the New York State Agriculture and Markets Law to provide for the seizure, care, and sheltering of dogs found at large within the Town, and to provide dog control services in accordance with law; and WHEREAS, the Town has for a number of years contracted with the Erie County Society for the Prevention of Cruelty to Animals d/b/a SPCA Serving Erie County, a not-for-profit corporation having an office at 300 Harlem Road, West Seneca, New York 14224 (the “SPCA”), for Animal Control Officer / Dog Control Officer sheltering and related services; and WHEREAS, the SPCA has offered the Town a renewal of said agreement for the term commencing October 1, 2026 and continuing through September 30, 2027, which agreement thereafter renews automatically for each succeeding calendar year unless either party provides written notice of its desire to terminate at least thirty (30) days prior to the commencement of the succeeding year; and WHEREAS, the proposed renewal agreement contains revisions from the prior agreement, including, among others: the SPCA’s reservation of the right to assess an animal’s temperament before or at the time of intake and to deny admittance for transfer where the animal is not considered suitable for adoption; acceptance of dogs for transfer solely as space, staffing, resources, and operational capacity permit; a requirement, pursuant to Article 26-C of the New York State Agriculture and Markets Law, that the Town provide all core vaccinations for dogs that have cleared the legal hold period and have been in the Town’s possession for forty-eight (48) hours or more, with proof of vaccination and a rabies vaccine certificate furnished prior to the transfer appointment; the addition of a Core Vaccine Package fee of Seventy-Five Dollars ($75.00); and an obligation of the Town to furnish a complete copy of the agreement to the Town’s Dog Control / Animal Control Officer within five (5) business days of execution and to any successor within five (5) business days of appointment; and WHEREAS, the SPCA has further advised the Town that, effective July 2026, it has temporarily paused active animal cruelty investigations, and that all incoming animal cruelty and neglect complaints are now referred directly to local law enforcement agencies; and WHEREAS, the SPCA requires that originally signed and officially sealed contracts be returned to it by mail no later than October 1, 2026, and has advised that failure to return the signed contract by that date may result in the forfeiture of the Town’s space in its program; and WHEREAS, the Town Board has reviewed the proposed renewal agreement, together with the fee schedule set forth therein, and has determined that continuation of this contractual relationship is in the best interests of the Town and its residents; and