2011-082 Agreement Pound Keeper Services OSPCATHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2011-082
A By-Law to Enter into an Agreement with
The Ontario Society for the Prevention of Cruelty to Animals
to Provide Pound Keeper Services and to Repeal By-Law No. 2010-005
WHEREAS pursuant to Section 11(3)9 of the Municipal Act, 2001, S.O. 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
Oro-Medonte, "Animal Control By-Law";
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
deems it expedient to provide for Pound Keeping Services under Agreement with The
Ontario Society for the Prevention of Cruelty to Animals (OSPCA), Orillia Branch;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte, at its
May 18, 2011 meeting, declared by Motion No. C1 10518-19 the execution of the Pound
Services Agreement between the OSPCA - Orillia Branch and the Township of Oro-
Medonte.
NOW THEREFORE be it resolved that the Council of The Corporation of the Township
of Oro-Medonte enacts as follows:
1. 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 July 1, 2011 and remain in force for a period
of up to 5 years unless terminated in accordance with the provisions contained
within.
3. That By-law No. 2010-005 is hereby repealed on July 1, 2011;
4. That this By-law come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 25TH DAY
OF MAY, 2011
THE CORPORATION OF/THE TOWNSHIP OF ORO-MEDONTE
Deputy Mayor
Cle C J. s Irwin -
This AGREEMENT made in duplicate this day of Un I L , 2011
BETWEEN:
The Corporation of the Township of Oro-Medonte
(the "Corporation")
- AND -
OF THE FIRST PART
Ontario Society for the Prevention of Curelty to Animals (OSPCA) -
Orillia Branch
(the "Pound" or "Pound keeper")
OF THE SECOND PART
WHEREAS the Poundkeeper has the facilities and is prepared to act as Poundkeeper 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:
The Corporation agrees:
to appoint Ontario SPCA - Orillia Branch as the Poundkeeper for the Corporation
commencing July 1, 2011.
2. to pay to the Poundkeeper remuneration for its services an annual sum of
$18,540.00, to be billed monthly, effective the 1St day of July 2011, for the first 12
months. In the event that this agreement continues for a period of time greater
than 12 months, the annual amount shall be adjusted on each anniversary date
of the agreement by the Consumer Price Index for the preceding 12 month
period per the Statistics Canada website.
3. to ensure the Poundkeeper is provided with a copy of the Corporation's most
current Animal Control By-Law.
4. to grant to the Poundkeeper the right to collect dog licensing fees in accordance
with the scale of fees authorized by the Corporations 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 Poundkeeper.
5. to permit the Poundkeeper to retain all fees charged, in accordance with
Schedule "A" attached hereto and forming part of this agreement, in relation to
Claimed Dogs.
6. to be responsible for retrieving and transporting injured dogs to a veterinarian for
medical attention. In the event of a life threatening injury the transport to a
veterinarian shall occur prior to delivery to the pound. In the event of a non-life
threatening injury the dog will be transported by the Corporation to a veterinarian
during regular business hours. The Corporation will be responsible for follow up
veterinarian care during the 5 day period while the dog is in the Pound. The
Corporation shall be responsible for the medical expenses incurred in these
matters.
7. to reimburse the OSPCA for costs incurred as a result of their involvement, at the
request of the Corporation, in a Provincial Offences investigation.
The Poundkeeper agrees:
To provide the Corporation with Pound Services pursuant to the Township's current Animal
Control By-Law as follows;
to provide an animal shelter or adequate arrangements for a shelter capable of
providing suitable accommodation for animals impounded, and meeting the
requirements for this type of building, and of meeting the requirements of all
applicable Provincial legislation.
2. to receive, impound and hold for claim by the owners, any dogs delivered to
the Pound by the Municipal Law Enforcement Officers or other duly authorized
persons, including residents of the Township of Oro-Medonte, or to dispose of
same in accordance with provisions of the Corporation's By-laws.
3. to accept deceased dogs only when delivered to the Pound by the Township's
Municipal Law Enforcement Officers.
4. to dispose of all dogs impounded which become the property of the Corporation,
in accordance with the Animal Control By-laws of the Corporation and the laws of
the Province of Ontario.
5. to dispose of all carcasses of all dogs lawfully impounded and lawfully destroyed
in accordance with the Corporation's By-laws and the laws of the Province of
Ontario.
6. to provide or to ensure all equipment necessary is available for the proper
operation of the pound, and to provide or to ensure all equipment necessary is
available to humanely destroy unwanted or unclaimed animals.
7. to ensure the Pound is kept open and in operation on such days and at such
hours to allow the owners of impounded dogs reasonable opportunity to reclaim
such animals. A list, being Schedule "A" attached hereto and forming part of this
agreement, containing the days open and hours of operation shall be provided to
the Corporation and may be amended as necessary from time to time.
8. 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, being
Schedule "A" attached hereto and forming part of this agreement, that are
applicable for pound or other services provided for Pound Services, that have
been mutually agreed upon by the Poundkeeper and the Corporation, and as
may be amended from time to time.
9. to obtain a "Canine Release Form", being Schedule "B" attached hereto and
forming part of this agreement, from the Township of Oro-Medonte prior to the
releasing any impounded dog to its owner.
10. to deliver a monthly written statement and invoice, no more than 30 days after
the end of the month, 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
dogs received, how the dog arrived at the Pound, the length of time detained, if
claimed by the owners or once in the control of the Poundkeeper, of their ultimate
disposition if possible. In the event that the written statement is not received
within the specified time period, the invoice shall not be paid until the statement
is received. Any invoice that is not paid by reason of non- receipt of the
statement within the specified time period, shall not be subject to interest
charges.
11. to indemnify and save harmless the Corporation with respect to all charges,
costs, expenses and claims whatsoever, in connection with the operation of the
Pound.
12. to 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 animals while in their care, to the following amounts;
Public Liability $3,000,000
Property Damage $ 25,000
Proof of such insurance coverage shall be supplied to the Corporation within 30
days of the commencement of this agreement, and then annually on the
anniversary date for the duration of the agreement.
13. to release dog owner's information to the Corporation as needed.
14. to provide telephones at the Pound for the purpose of the public to be able to
phone the Pound and to provide a twenty four (24) hour answering service to
assist the public.
15. to provide twenty four (24) hour Poundkeeping as required.
16. to pay all costs of operating and maintaining the said Pound.
This Agreement shall only apply to dogs and shall not apply to any other domestic animals or
wildlife.
Term of Agreement
1. This Corporation and the Poundkeeper agree, as follows:
1.1. that this agreement shall commence on July 1, 2011 and remain in place for up to 5
years, unless;
1.1.1. both parties agree to renegotiate the terms of said agreement, in which event
the agreement shall be terminated; or
1.1.2. either party provides ninety (90) days notice, in writing, of its intention to
terminate the agreement, in which even the agreement shall terminate at the
end of the said ninety (90) days notice.
IN WITNESS WHEREOF this Agreement was executed and signed this day of
2011.
The Corporation of the Township of Oro-Medonte; The Poundkeeper
On ario Societ f the Prevention of
Cruelty to Animals (OSPCA)
Chief Financial Officer
Schedule "A" - Poundkeeper Services
Pound Name: Ontario SPCA - Orillia Branch
Address: 467 West Street North
Orillia ON L3V 5G1
Telephone: (705) 325-1304
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 Municipal Law Enforcement Officer will locate the owner of a dog wearing a license tag
issued by the Corporation and the owner pays all costs associated to retrieve the dog from the
pound.
CLAIMED DOGS
Admission/Administration fee per animal admitted to Pound $ 50.00/dog
Daily Board $ 25.00/day
Euthanize and Disposal $ 155.00
Rabies Suspect/Isolation fee
$ 300.00/animal for 10 days
HOURS
Regular Pound Hours: Mon. 11:00 am - 5:00 pm Thurs. 11:00 am - 5:00 pm
Tues. 11:00 am - 5:00 pm Fri. 11:00 am - 5:00 pm
Wed. 11:00 am - 5:00 pm Sat. 11:00 am - 5:00 pm
Sun. 11:00 a.m.-2:00 pm
Days Closed: Statutory Holidays
Schedule "B" - Poundkeeper Services
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Canine Release Form
Date:
To: Orillia Branch - O.S.P.C.A.
The owner of a dog being held at your pound has attended at this office and all matters
concerning the apprehension of this animal have been dealt with and the Township has no
further reason to hold this animal, and consent to its release.
Owner's name:
Dog's name:
Current Tag #
Description of dog:
Signature
Municipal Law Enforcement
Print Name
Municipal Law Enforcement