Pound Services Agreement

BY-LAW NUMBER 15-80
OF
THE CORPORATION OF THE TOWNSHIP OF CLEARVIEW
A By-Law to authorize the execution of an agreement between the
Corporation of the Township of Ciearview and the Aiiiston & District Humane
Society
WHEREAS Section 9 of the Municipal Act, R.S.O. 2001, c. 25 as amended grants
municipalities the capacity, rights, power and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS Council of the Corporation of the Township of Ciearview deems it
expedient to enter into an agreement with the Aiiiston & District Humane Society
for pound keeping services.
NOW THEREFORE the Council of the Corporation of the Township of Ciearview
HEREBY ENACTS as follows:
1.
That Contract Agreement & Schedule "A" form part of this by-law
2.
That any current by-laws and any other by-laws or resolutions or parts of
by-law or resolution relating to pound keeping services are hereby repealed.
3.
That the Mayor and Clerk be hereby authorized to execute the pound
keeping agreement between the Corporation of the Township of Ciearview
and Aiiiston & District Humane Society.
4.
This By-Law shall come into force and take effect on the day of passing by
Council
By-Law Number 15-80 read a first,
and third time and finally passed this 9^*^
day of November, 2015.
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LEGISLATIVE SERVICES/CLERK
CONTRACT AGREEMENT
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF CLEARVIEW
of the first part, (hereinafter referred to as the "Corporation")
AND
THE ALLISTON & DISTRICT HUMANE SOCIETY
of the second part (hereinafter referred to as the "Pound" or 'Poundkeeper")
THIS AGREEI^ENT WITNESSETH and it is hereby agreed upon between the parties
as follows:
THAT THE CORPORATION:
1.
Hereby appoints Alliston & District Humane Society as the Poundkeeper for the
Corporation for the term of four years commencing December 1, 2015.
2.
Shall pay to the Poundkeeper, remuneration for his/her/their services in
accordance with Schedule "A" attached hereto, as may be amended from time
to time by resolution of Council of the Corporation.
3.
Shall ensure the Poundkeeper is provided with a copy of the Corporation's most
current Canine Control By-Law.
THAT THE POUNDKEEPER:
Shall provide the Corporation with Pound Services pursuant to applicable By-Law
01-50 (as amended), The Canine Control By-Law, specifically, and as follows:
1.
To provide a dog shelter or adequate arrangements for a shelter capable of
providing suitable accommodation for dogs impounded.
2.
To receive, impound and hold for claim by the owners, any dog delivered to the
Pound by the Canine Control Officer or other duly authorized persons, or to
dispose of same by adoption or humane euthanasia.
3.
To dispose of all animals impounded which become the property of the
Corporation or the Poundkeeper in accordance with the By-Laws of the
Corporation and the laws of the Province of Ontario.
4.
To dispose of all carcasses of all animals lawfully impounded and lawfully
destroyed in accordance with the By-Laws of the Corporation and the laws of
the Province of Ontario.
5.
To provide or to ensure all equipment necessary is available for the proper
operation of the animal shelter, and if necessary, according to the
Poundkeeper, to facilitate the humane euthanasia of a dog.
6.
To ensure the pound Is kept open and in operation on such days and at such
hours to allow the owners of impounded dog(s) reasonable opportunity to
reclaim such animals. A list containing the days open and hours of operation
shall be provided to the Corporation and may be amended as necessary from
time to time.
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7. To charge such pound fees or other fees as may be approved by the
Corporation. The Corporation shall be provided with a list of all such rates that
are applicable for pound or other services provided by the pound, that have
been mutually agreed upon by the Poundkeeper, Canine Control Officer and the
Corporation, and as may be amended from time to time.
8.
Shall deliver a monthly written statement and invoice, of the operations of the
Pound as it relates to work done or undertaken on behalf of the Corporation
through this Agreement. Such statement should provide information as it
relates to the number of impounded animals received, the length of time
detained, if claimed by the owner or once in the control of the Poundkeeper, of
their ultimate disposition if possible.
9.
Shall indemnify and save harmless the Corporation with respect to all claims
whatsoever in connection with the operation of the Pound.
10. Shall keep any and all buildings, equipment and vehicles insured for fire and
shall keep themselves and the Corporation properly insured with respect to
public liability and property damage, including claims in respect to injury or loss
and/or death of any dog(s), incurred by negligence while in the Poundkeeper's
care, to the amount of two million ($2M). Proof of such insurance coverage
shall be supplied to the Corporation.
11. The Poundkeeper shall provide the Corporation with a current clearance
certificate (dated within the past sixty (60) days), prior to any work
commencing. A copy of the clearance certificate shall be within five (5)
business days of acceptance of the proposal. Alternatively, a Workplace
Safety and Insurance Board Independent Operator number in addition to the
liability insurance required shall be provided to the Corporation. The
Poundkeeper shall provide the Corporation with copies of any agreements
signed by volunteers relating to their work with the Alliston & District Humane
Society including any training documents, upon request.
12. The Poundkeeper shall provide written confirmation of compliance with Sections
8 and 25 of the Ontario Occupational Health and Safety Act, R.S.O. 1990.
13. The Poundkeeper shall provide a signed Township of Clearview Accessbility
Contractor Agreement to the Corporation.
14. All terms and conditions as specified in the Request for Proposals dated October
8*^^, 2015 Request for Proposal - Dog Pound Services, and as signed by the
representative for the Ailiston & District Humane Society shall be binding to this
agreement.
15. This Agreement shall be for a four (4) year period, reviewed annually, and may
be terminated by either party upon one hundred and twenty (120) days written
notice of intention to terminate served upon the contract agreement partner.
IT WITNESS WHEREOF that this/Agreement was executed and signed:
this.
_day of
, 2015.
The Poundkeeper
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u3irAj^-s^
ThjeT^brporation of the Township of Clearview
'[\kAMK
\a
l^y or
(CVYvad --j rTHnr/^, ^
Clerk
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SCHEDULE"A"
POUNDKEEPER SERVICES
Pound Name:
Alliston & District Humane Society
Address:
5545 Concession 4Tosorontio
Everett, ON
Mailing Address:
P.O. Box 1455, Everett, ON, LOM IJO
Telephone Number:
(705) 458-9038
Pound Manager:
Mr. Ernie Ogle, Vice President ADHS
The Poundkeeper shall locate the owner of a dog through rabies tags or license tags
not issued by the Corporation and the owner pays all costs associated to retrieve
the dog from the pound.
The Canine Control Officer will locate the owner of a dog wearing a licence tag
issued by the Corporation and the owner pays all costs associated to retrieve the
dog from the pound.
Costs incurred on behalf of owners of dogs whose owners cannot be located will be
invoiced to the Corporation as per the following fee schedule.
FEE SCHEDULE
Admissions/Administration fee per dog admitted to the Pound
2016
$7.00
2017
$7.00
2018
$7.00
2019
$7.00
Daily Boarding Rate
2016
$25.00
2017
$25.00
2018
$25.00
2019
$25.00
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Euthanasia (if required)
2016
$200.00
2017
$200.00
2018
$200.00
2019
$200.00
LICENCING
The Corporation shall pay the Poundkeeper $5.00 for every dog licence they sell.
The Corporation shall pay for a maximum of 7 days boarding for dogs not claimed.
On the
day the dog becomes the property of the Poundkeeper.
During the initial 7 days boarding the Corporation will pay veterinarian fees up to
$100.00, if and when required. Any veterinarian fees in excess of $100.00 requires
the express consent of the Corporation.
The owners of all claimed dogs shall pay the Poundkeeper's boarding fee and
admission/administration fee.
In addition the Poundkeeper shall also collect all the associated fees on behalf of
the Corporation including:
•
•
•
•
•
Pick-up fee;
Impound fee;
Licence fee (if unlicenced);
Veterinary fee (if treatment necessary);
Rabies vaccination fee (if not vaccinated within previous 12 months)
REGULAR POUND HOURS
Monday - Saturday:
9:00 a.m. to 6:00 p.m.
Sundays:
9:00 a.m. to 12:00 noon
Closed Statutory Holidays
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