2008-054 Agreement with Ontario Humane SocietyTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2008-054
A By-Law to Enter into an Agreement with
The Ontario Society far the Prevention of Cruelty to Animals
(Ontario Humane Society}, A Society Incorporated Under The Ontario SPCA Act
to Provide such Services as Pound Keeper and Animal Control Officer
and to Repeal By-Law No. 200?-045
WHEREAS pursuant to Section 11(3)9 of the Municipal Act, 2001, S.Q. 2001, c.25, as
amended, Council is empowered to pass by-laws respecting animals;
WHEREAS pursuant to Section 5(1 } of the Pounds Act, R.S.O. 1990, Chapter P.17, a
Municipality is empowered to impound animals deemed to be running at large;
WHEREAS the Council of The Corporation of the Township of Oro-Medonte has
enacted a By-Law to Regulate, License and Control Animals within The Township of
Ora-Medonte, "Animal Control By-Law";
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to provide for such services under Agreement with The Ontario
Society for the Prevention of Cruelty to Animals (Ontario Humane Society}, Qrillia
Branch;
NOW THEREFORE be it resolved that the Council of The Corporation of the Township
of Oro-Medonte enacts as follows:
That the Mayor and Clerk be authorized to execute the Agreement, attached
hereto as Schedule "A" which forms part of this By-law;
2. That the said Agreement take effect January 1St, 2008 and remain in force until
December 31, 2009.
3. That By-law No. 2007-045 is hereby repealed;
4. That this By-law come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 23RQ DAY OF APRIL, 2008.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF APRIL,
2008.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
, H.S. H~'~hes
-- _-
Clerk, J. Douglas Irwin
Schedule 'A' to By-Law 2008-054
THIS AGREEMENT made in duplicate this ~ day of ~._~____~2008.
BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter called the "Corporation" of the FIRST PART
-and-
THE ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS (ONTARIO HUMANE SOCIETY)
a Society Incorporated under the Ontario SPGA Act
Hereinafter called the "Society" of the SECOND PART
WHEREAS the Society has the facilities and is prepared to act as Pound keeper and
Animal Gontrol Officer for the Corporation;
NOW THEREFORE this Agreement witnesses the consideration of the mutual
covenants hereinafter contained, the parties hereto agree each with the other as
follows:
1. The Corporation agrees:
1.1 to appoint and it does hereby appoint the Society as Pound keeper and
Animal Control Officer for the Corporation with the duties of such Pound
keeper to be exercised by the Society to impound any animals in accordance
with provisions of the Corporation By-Laws.
1.2 to appoint, and it does hereby appoint the Society employees as Municipal
Law Enforcement Officers pursuant to section 15 of the Police Services Act,
R.S.O. 1990, c. P.15, as amended.
1.3 to pay the Society as remuneration for services as such Animal Control
Officer and Pound keeper an annual sum for 2008 equivalent to $52,926.45
dollars per annum, be paid to the Society monthly ($4,410.54} effective the
1st day of January, 2008 and an annual sum far 2009 equivalent to
$54,514.24 dollars per annum, be paid to the Society monthly ($4,542.85}
effective the 1St day of January, 2009.
1.4 to pay the Society the sum equivalent to $1,150.00 per annum to assist with
the impoundment of cats.
1.5 to pay the Society the sum equivalent to $1,150.00 per annum to assist with
the spay/neuter program.
1.6 to pay for court costs far charges laid on behalf of the Township of Oro-
Medonte subject to written confirmation from the Society.
1.7 to grant to the Society and the Corporation does hereby grant to the Society,
the right to dispose of all animals impounded which become the property of
the Corporation in accordance with the Corporation By-laws.
1.8 to grant to the Society and the Corporation does hereby grant to the Society,
the right to dispose of the carcasses of all animals lawfully impounded and
lawfully destroyed in accordance with the Garporatian By-Laws.
1.9 to grant to the Society and the Corporation does hereby grant to the Society,
the right to collect all pound fees and destruction fees in accordance with the
scale of fees authorized by the Corporation By-laws, said fees to be retained
50 percent by the Township of Oro-Medonte and 50 percent by the Society.
OSPCA Contract 200812009
Page 1 of 3
1.10 to grant to the Society and the Corporation does hereby grant to the Society,
the right to collect dog licensing fees in accordance with the scale of fees
authorized by the Corporation By-laws, said fees to be retained by the
Township of Oro-Medonte, minus a $2.00 commission fee per licensing dog
tag to be retained by the Society.
2. The Society agrees:
2.1 to provide an animal shelter capable of providing adequate accommodation
for all animals impounded and of meeting the requirements set for this type of
building, and of meeting the requirements of all applicable provincial
legislation.
2.2 to employ and supervise such Animal Cantral Officers as may be considered
necessary, and, to provide such officers with adequate vehicles, and, to pay
all casts of such officers and vehicles.
2.3 to receive impound and hold for claiming by the owners, any animal delivered
to the Society's animal shelter by Animal Control Officers or other duly
authorized persons and to dispose of unclaimed, animals by sale or
destruction in accordance with the provision of the Corporation's By-laws.
2.4 to release dog owner's information to the Corporation as needed.
2.5 to charge such pound and other fee as may be approved from time to time by
the Corporation.
2.6 to make available to the residents of the Corporation a program of humane
services in accordance with the general custom of the Society.
2.7 to provide and install all the equipment necessary for the proper operation of
the animal shelter and in particular to supply the equipment necessary to
humanely destroy unwanted ar unclaimed animals and such equipment must
meet the standards set by the Ontario SPCA and the Animals far Research
Act.
2.8 to keep the shelter open and in operation on such days and at such hours as
shall from time to time be agreed upon between the parties to ensure that the
owners of impounded animals a reasonable opportunity to reclaim such
animals.
2.9 to submit to the Corporation on or before the 15th day of each month a written
statement of the operations of the shelter up to the last day of the preceding
month, shaving the number of impounded animals received at the shelter, the
length of time detained in the shelter and the disposition of the animals.
2.10 to receive, for the Corporation, dog license fees minus a $2.00 commission
fee per licensing dog tag, 50 percent of pound fee stipulated by Township of
Oro-Medonte Animal Cantral By-law and to remit same to the Corporation at
intervals stipulated by the Corporation.
2.11 to pay all casts of operating and maintaining the said shelter.
2.12 to indemnity and save harmless the Corporation in respect to all charges,
costs, expenses and claims whatsoever, in connection with the operation of
the shelter
2.13 to keep the Society and the Corporation properly insured in respect to public
liability and property damage, including claims in respect to injury and loss
andlor death of any animal in the fallowing amounts:
Public Liability $3,000,000.00
Property Damage $ 25,000.00
OSPCA Contract 2008 ! 2009
Page 2 of 3
2. 14 to provide telephones at the shelter for the purpose of the public to be able to
phone the shelter and to provide a {24} hour answering service to assist the
public.
2.15 to provide 24 hour emergency service as required.
2.16 to follow-up on nuisance complaints and notify the By-law Department if
required.
3. This agreement shall commence on the 1st day of January, 2008 and shall continue
in full force and effect until the 31st day of December 2009, and thereafter from
month to month, until replaced by a new agreement or either party gives written
notice for the termination of the agreement with notice of 30 days.
IN WITNESS WHEREOF THE CORPORATE SEAL OF THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE attested to by the proper Officers in that behalf and
Executive by the Ontario SPCA by its Officers properly authorized to do so.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
a
,,
Mayor, N. S. Hughes
L - --
Cle , J. Douglas Irwin
u,
THE ONTARIO SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS {ONTARIO HUMANE SOCIETY}
a Society Incorporated under the Ontario SPCA Act
r
Chief{Financial Officer
OSPCA Contract 2008 / 2009
Page 3 of 3