Body: Council Type: By-law Meeting: Regular Date: 2019 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2019-73 A BY-LAW TO AUTHORIZE THE SIGNING OF AND AGREEMENT WITH THE KINGSTON HUMANE SOCIETY FOR THE PROVISIONOF POUND KEEPING SERVICES. WHEREAS the Council of the Township of South Frontenac utilized a pound service provided by the Kingston Humane Society;
AND WHEREAS the Township requires this service as part of our Dog Control Program;
ANDWHEREASthe Ministry ofAgriculture, Food and Rural Affairs requires that all municipalities have access to Pound Keeping facilities that meet provincial guidelines;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC ENACTS AS FOLLOWS:
The Township of South Frontenac agrees to enter into an agreement with the Kingston Humane Society for the provision of Pound Keeping services.
The Township authorizes the Mayor and Chief Administrative Officer to execute this agreement on behalf of the Township.
Dated at the Township of South Frontenac this 17th day of December 2019. Read a first and second time this 17th day of December 2019. Read a third time and finally passed this 17thday of December 2019. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
flm Angela Maddocks, Clerk
POUND SERVICESAGREEMENT THIS AGREEMENT MADE EFFECTIVE THIS FIRST DAY OF JANUARY, 2020 BETWEEN: THE CORPORATION OFTHE TOWNSHIP OF SOUTH FRONTENAC (Hereinafter referred to as “The Township”) OF THE FIRST PART -and-
KINGSTON HUMANE SOCIETY (Hereinafter referred to as “the Contractor”) OFTHE SECOND PART
WHEREAS the Municipal Act, 2001, Part II, Section 8 provides a municipality with the capacity, rights,
powers and privileges of a natural person for the purposes of exercising its authority under this or any other Act;
AND WHEREAS the Contractor has agreed to provide Pound Services (hereinafter referred to as services") for the Township;
ANDWHEREASthe Contractoragreesto providefacilitiesin orderto carryout services(hereinafter referred to as the “Pound”)
ANDWHEREAStheTownshipandthe Contractor (hereinafterreferredto as"theparties")deem it desirableto puttheterms ofthis agreementfor servicesin writing; NOW THEREFORE WITNESSETH in consideration of the services rendered by the Contractor to the Township the parties hereto agree as follows: DEFINITIONS For the purpose of this agreement:
“AdministrationFee"meansthe sameasthe “recoveryofanimalfrom an animalshelter"fee assetout in the Township Fees.
“Animal” shall include dogs only.
“AuthorizedShelter"and"shelter” meansa facilityusedto houseandcarefor stray, abandoneddogs. “Impoundment” means the dayon which the dog is received at the Pound and “impounded” shall have the same meaning.
“Pound” means the facilities provided by the Pound Service Provider for accommodation for animals having to be impounded.
Redemption Period"meansthe periodoftime after impoundmentofthe animal and priorto transfer of careandcontrol oftheanimalto anauthorizedanimalshelteror rescuegroup.The redemption periodfor dogsshall be 3 days,excludingthe dayonwhichthe dogwasimpoundedandexcludingany daythat the Pound is not open to the general public. Where there is evidence asto the identity ofthe owner of an animal, the redemption period shall not include the period of time an animal has been quarantined or impounded as a directed by any official with the authority to impose an order to
impound pursuant to legal authority other than this By-Law.Where the owner of an animal is unknown, the redemption period may include the period oftime an animal has been quarantined or impounded as directed bythe official with the authority to impose an order to impound pursuant to legal authority other than this By-Law.
“Recover” means the taking possession of an animal from the Pound by its owner or an agent ofthe owner’s behalf.
“RescueGroup” means anorganization that arrangesforthetemporary housingandcarefor stray, abandoned or neglected animals, pending attempts to rehome the dog.
- 0 TERMS OF CONTRACT AND RELATIONSHIP
1.01
TheContractor isgranted authority to impound and holdfor redemption byanowner, anydog deliveredfrom withintheTownshipboundaries,for upto the endofthe redemption time period as prescribed herein.
1.02
Theengagement ofthe Contractor pursuant to thisAgreement shall commence onJanuary1, 2020 and shall expire at midnight on December 31, 2024.
- 03
- 04
TheContractorshallsell animal licensesfor all unlicenseddogsrecovered bytheirowners. The Contractor shall remit all monies collected from animal registrations to the Township on a monthly basisorat anotherinterval mutuallyagreedupon.
- 05
The Contractor shall maintain accurate records in a form mutually agreed upon by both parties of all activities, business transactions, monies received and monies paid out in the performance of this contract. Such records shall include but are not limited to:
1.05. 1 An Animal Log” isto be used for recording all dogs impounded, all dogs subsequently recovered bytheir owners andthe disposition ofall dogs not recovered at the end of the redemption period;
1.05. 2 A “Dog License Log” isto be used for recording all dog tags sold;
1.05.3 A monthlyoperations report whichincludesyear-to-datetotalsdetailingall fees collected on behalfofthe Municipality,the numberofanimalsimpounded, recovered euthanized, transferred to a shelter or rescue group andthe number of animals tag sales.
1.05.4 An annual operations report outliningthe numberofdogsimpounded, recovered, euthanized and transferred to a shelter or rescue group, aswell asthe number of animal tag sales.
- 06
The owner of an impounded dog or the agent ofthe owner may, within the redemption period, recover the dog during the hours when the Pound facility is open to the public.
1.07
No animal shall be released to its owner or the agent ofthe owner during the redemption period until suchtimethat all Municipalfees, includingtheAnimalat Largefineandtheanimal license registration fee, as required, are paid bythe owner or person acting on the owner’s behalf.
1. 08
All animals that have not been recovered at the end of the redemption period shall be transferred to the care and control of an authorized shelter or rescue group, or be euthanized. The decision to transfer or to euthanize an animal at the end of the redemption period is the
- 09
TheContractormay requireanownerrecoveringa dogto payto the Contractoranyreasonable feesfor impoundingand boardingaswell asall costsfor anyemergencyveterinarycare
responsibility of the Contractor.
provided to the animal prior to it being recovered.
- 10
Minimum Facility Requirements include the following:
- 1 Dog kennels, in sufficient numbers and adequate size; 1.10.2 Secure buildingwith proper ventilation and life safety systems;
- 3 Office and utility areas;
- 4 Outdoor run
11
Contracted duties related to the pound services operation shall include, but not be limited to, the following:
1.11. 1 Provide dailycleaning of all Poundfacility areas and kennels, food and water bowls, and equipment, as necessary, and provide for the collection and proper disposal of animal refuse and waste;
- 11.2
- 11.3
Provide Pound services including feeding, boarding and exercise for dogs found stray or trespassing from within the Municipalities boundaries and delivered to the Pound; Provide a provision for the quarantining of dogs when required by wayof court order or local Public Health Unit;
11.4 Providehumanetreatment ofall dogswhileinthe Pound;providebasicfirst aid services, including licensed veterinary care, as necessary, for all sick and injured dogs during the redemption period;
11.5 Ensurethatall veterinarianservicesare provided byqualified personnel licensedbythe College of Veterinarians of Ontario;
11.6 Provide humane euthanizing ofdogs, as required, in conjunction with a licensed Veterinarian, in a manner that conforms to the College of Veterinarians of Ontario and
the Animals for Research Act, including Section 20 (7), asamended. Use ofT-61 for euthanizing is prohibited;
- 7 Dispose of any animal carcasses, as required, in accordance with the minimum requirements outlined in the Animals for Research Act.
- 12
Maintainadequatesecurityfor impoundeddogs, includingthe operationand maintenanceof a
monitored securitysystemto monitorfor intrusion, andto monitorall life safetysystems including power disruption, temperature, fire, smoke, and carbon monoxide.
- 13
Maintainadequatestaffinglevelsto ensureall servicesare provided in an efficientand professional manner.
- 14
Assumeownershipofdogsheldatthe Pound beyondthe prescribed redemption period;after the redemption period, the Contractor maysell or adopt out unclaimed dogs and anyfees receivedfrom sucha saleor adoption may be kept bythe Contractor.
- 15
Maintain open and continuous dialogue with the Municipality and the Animal Control Officers to ensure services are being delivered as required.
2.0 TERMINATION OF AGREEMENT
2.01
ThisAgreementwiththe Contractormay beterminated bytheTownshiporthe Contractor in one of the following ways:
2.01.1 Immediatelyupon breachofthisagreementbytheeither party; 2. 01. 2 Upon the dissolution of or ceasing operation of the Contractor
2.01.3 Uponeitherpartygivingno lessthan 180dayswritten notice, specifyingcause. 3. 0 PAYMENT FOR SERVICES RENDERED
3.01 TheTownshipshall paytheContractor $8.00for each animal tagsold, upon receipt ofa monthly invoice and record of license registrations.
3.02
The Township shall paythe Contractor an all-inclusive, fixed monthly fee of $1,569 forthe
provision of PoundServices,asspecifiedwithinthisAgreement. Increasesshall beappliedto the fixed monthly feefor eachyearofthiscontract from Year2 through Year5, adjusted annually in January, bythe Consumer PriceCore Index based on the prior year. 4. 0 SERVICES
4.01 TheContractorshall providethe servicesoutlined in4.02asa dulyqualifiedoperatorofa Pound asoutlined inthe PoundsAct(R. S.0. 1990),Animals for Research Act (R.S.0. 1990), and all other applicable law. The Contractor shall provide said services in a professional and fully competent mannerin accordancewiththe provisionsofthisAgreement. 4. 02
The services the Contractor shall provide include: 4. 02. 1 Accept all dogs brought to the facility where the animal concerned has been found
withinthe municipal boundariesoftheTownship;
4.02.2 Accommodate,feed andprovide healthcareservicesto anyanimal broughtto the facilityforthe redemption period, quarantine period, orthe period resulting from a court order;
- 3 Provide pound facilities that are accessible to the Township Animal Control Officers twenty-four (24) hours a day, seven (7) days a week;
4.02. 4 Keep the Pound facility open to the general public a minimum of40 hours, sixdays a week, and have such hours ofoperation and contact details asapplicable (phone, web, email) posted ina highlyvisible placeatthe Poundfacility; 4.02. 5 Notify, or attempt to notifythe registered ownerofanyimpounded dogbearing a municipal tag or any other means of identification, bytelephone;
- 6 Ensurespacesare availableatthefacilityat all times foranimals beingimpounded from within the Township;
- 7 Collect, on behalf ofthe Township, recovering Animal at Large Fines asset out in the TownshipFees,for all dogsthatare impoundedfrom withinthe boundariesofthe
Municipality andsubsequently recovered, and remit thesefeestotheTownship monthly.
4.02.8 AllowtheTownshipaccessto inspectthefacility atanytime duringthefacilities' businesshours, andto reviewall documentation relatedto dogsimpoundedon behalf of the Township. 5. 0 CONFIDENTIALITV OF INFORMATION
5.01
Subject to applicable law, the Parties shall not disclose to anyone outside the employ ofthe Parties, without prior written permission ofthe other party, any aspect of either ofthe Parties'
business,exceptasrequiredinthecourseofexercisinghis/herdutiesandresponsibilities.This Agreementwill continueto restrictthe Parties’disclosureofsuch informationafterthe
termination of this Agreement, until such information has been made public through no fault of either of the Parties.
- 02
After the termination of this Agreement, the Contractor shall promptly return to the Township, without request from the Township, any of the Township’s information, materials and other property which may subsequently be in the Contractor’s possession.
6.0
6.01
INSURANCE
Maintain throughout the term ofthe contract, a comprehensive general liability and property damageinsurancepolicywhichincludescoveragefor injuryto, lossor deathofanyanimal in the custodyofthecontractor, for a minimumof FIVEMILLIONDOLLARS($5,000,000.00) in a form acceptableto theTownship,and namingtheTownshipasanadditionalinsuredonthe policy. TheTownshipshall be provided 30dayswritten noticeofanychangesto or cancellationofthe insurance policy.
- 0
7.01
SEVERABILITY
Ifany provision or portion of any provision in this Agreement shall be held by a court of competent jurisdiction to be unenforceable, invalid, or illegal, such provision or such portion of the provision shall be severable and shall be deemed to bevoided and the remaining provisions or portions shall be valid and binding.
8.0
8.01
GOVERNING LAW
ThisAgreement shall be construed in accordance with, and governed by, the laws in force in the Province of Ontario and as interpreted bythe Courts ofthat Province. The Parties agreeto comply with all applicable law.
9.0 9. 01
BINDING EFFECT
This agreement shall be binding upon the Parties, their heirs, executors, administrators, successors and assigns provided that this Agreement shall be personal to the Contractor and may not be assigned by him/her.
- 0 INDEMNIFICATION
10.01
TheContractor herebyindemnifiesandsavesharmlesstheTownshipfrom anysuit, action, causeofaction, claim or damageswhatsoever ofanynature and kindarisingfrom the breach by the Contractor of anyterms ofthis Agreement or the negligence ofthe Contractor in conducting
10.02
The Township agrees to save harmless and indemnify the Contractor, its directors, officers and employees from and against all claims, demands, causes of action, loss, expenses, costs or
their, their agents or their employees’ services.
damages that the Contractor may suffer, incur or be liable for resulting from the obligations and performance ofthe Township, its officials, employees, successor and assign, asset out in the Agreement. 10. 03
TheContractorshall providethe servicesindependentlyand shall not be deemedto be an employee of the Township for any purpose.
- 04
Unless otherwise provided in thisAgreement, the Contractor shall not subcontract or permit the subcontractingofanyportion ofthe servicesto anyother individuals,firms or corporationsat anytimewithoutthe priorwritten consentoftheTownship,savethe provisionofveterinary services. The Contractor shall not sell, transfer, assign, sub-license or otherwise dispose of the
rights granted under thisAgreement to any other person without the consent ofthe Township.
11. 0 JOINT RESPONSIBILITY
11.01
The Township andthe Contractor agree to meet at the request of either party, to discuss and resolve any issues arisingfrom the fulfillment of this Agreement.
0 NOTICE
01
Any notice required or desired to be given hereunder shall be delivered in person or sent by prepaid registered mail as follows:
(a) To the Corporation of the Township of South Frontenac at: Chief Administrative Officer
P. O. Box 100 Sydenham, ON KOH 2TO
(b) To the Kineston Humane Society at: Executive Director
1 Binnington Court Kingston, Ontario
K7M 8M9 13.0 TIME OF THE ESSENCE
13.01
Timeshall beoftheessenceinthe performanceofobligationspursuantto thisAgreement.
- 0 AMENDMENTS
14.01
Noprovision ofthisagreement shall beamended, altered, orwaivedexcept bya further written agreement between Parties. Nowaiverofa provision oftheAgreement shall operate asa waiver ofanyother provision or ofthe sameprovisionon a future occasion.
INWITNESSWHEREthe PartieshavedulyexecutedthisAgreementunderseal. SIGNED], $EALEDAND DELIVERED lnt^pf-e|senceof
KINGSTON H
NE SOCIETY
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Secretary frK e-c^i-TLi^
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The Corporation ofthe Township of
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South Frontenac
Ron Vandewal, Mayor
‘^eil Carbone, CAO/Deputy Clerk
