2016-098 Agreement with Heartland Kennels (Pound Keeper Services)The Corporation of the Township Of Oro-Medonte
By-law No. 2016-098
A By -Law to Enter into an Agreement with
Heartland Kennels
to Provide Pound Keeper Services
and to Repeal By -Law No. 2011-082
Whereas pursuant to Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, Council is empowered to pass by-laws respecting animals;
And Whereas the Council of The Corporation of the Township of Oro-Medonte has
enacted a By -Law to regulate, license and control canines within The Township of Oro-
Medonte, "Canine 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 Heartland
Kennels;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte, at its
May 18, 2016 meeting, declared by Motion No. C160518-13 the execution of the Pound
Services Agreement between Heartland Kennels 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:
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, 2016 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 That By-law No. 2011-082 is hereby repealed on July 1, 2016;
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 June,
2016
The Corporation of the Township Of Oro-Medonte
This AGREEMENT made in duplicate this day of Tt,.i'�- , 2016.
Between The Corporation of the Township of Oro-Medonte
(the "Corporation")
- And -
Heartland Kennels
(the "Pound" or "Poundkeeper")
Of The First Part
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:
1. to appoint Heartland Kennels as the Poundkeeper for the Corporation
commencing July 1, 2016.
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 2016, for the first
twelve (12) months. In the event that this agreement continues for a period of
time greater than twelve (12) months, the annual amount shall be adjusted on
each anniversary date of the agreement by the Consumer Price Index for the
proceeding twelve (12) month period per the Statistics Canada website. 1
3. to ensure the Poundkeeper is provided with a copy of the Corporation's most
current By-law related to Canines.
4. to grant the Poundkeeper the right to collect canine licensing fees in accordance
with the scale of fees authorized by the Corporation's By-laws, said fees to be
retained by the Township of Oro-Medonte, minus a $2.00 commission fee per
dog tag license sold 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 canines.
6. to be responsible for retrieving and transporting injured canines to a veterinarian
for medical attention. For life threatening injuries, the canine shall be transported
to a veterinarian prior to delivery to the Pound. In the event of a non -life
threatening injury the canine shall be transported by the Corporation to a
veterinarian during regular business hours. The Corporation is responsible for
follow up veterinarian care during the five (5) day period while the canine is in the
Pound. The Corporation shall be responsible for the medical expenses incurred
during this time period.
7. to reimburse Heartland Kennels for costs incurred as a result of their
involvement, at the request of the Corporation.
The Poundkeeper agrees:
To provide the Corporation with Pound Services to the Township's most current Canine
related By-law as follows:
to provide an animal shelter or adequate arrangements for a shelter capable of
providing suitable accommodation for Canines 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 canines delivered to
the Pound by the Municipal Law Enforcement Officers or other duly authorized
persons, including residents of the Township of Oro-Medonte.
3. to provide or to ensure all equipment necessary is available for the proper
operation of the Pound.
4. to ensure the Pound is kept open and in operation on such days and at such
hours as identified in Schedule "A" attached hereto to allow owner(s) to reclaim
their canine(s).
5. 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.
6. 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 of any canine to its owner(s). Schedule "B", "Canine Release Form"
may be amended from time to time by the Corporation.
7. to deliver a monthly written statement and invoice, no more than thirty (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
canines received, how the canine arrived at the Pound, the length of time
detained, if claimed by the owner(s) or once in 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.
8. 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.
9. 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 with respect to injury or loss
and/or death of any animal 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
fifteen (15) days of the commencement of this agreement, and then annually on
the anniversary date for the duration of this agreement.
10. to release the canine owner's information to the Corporation as needed.
11. to provide twenty-four (24) hour Poundkeeping as required.
12. to maintain their Kennel License with the Corporation in good standing order.
13. to provide telephone services at the Pound to assist the public in contacting the
Pound.
14. to pay all costs of operating and maintaining the Pound.
This Agreement shall only apply to canines and shall not apply to any other domestic
animals or wildlife.
Terms of the Agreement
1. This Corporation and the Poundkeeper agree, as follows:
1.1 that this agreement shall commence on July 1, 2016 and remain in place for
up to five (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 intension
to terminate the agreement, in which even the agreement shall be
terminated at the end of the said ninety (90) days notice.
In Witness Whereof this agreement was executed and signed this day of
j , 2016.
The Corporation of the Township of Oro-Medonte
Z2 (4
Mayor, H.S. H 16S
40. s Irwin
The Poundkeeper
eartland Kennels
Schedule "A" of the Pound Service Agreement
Pound Name: Heartland Kennel
Address: 336 Line 5 North, Oro-Medonte, ON LOL 2E0
Pound Phone Number: (705) 487-2660
Veterinarian Name: O'Sullivan Animal Hospital
Veterinarian Phone Number: (705) 728-8387
The Poundkeeper shall locate the owner of canine through rabies tags or license tags not
issued by the Corporation and the owner(s) shall pay all cost associated to retrieve the
canine from the Pound.
The Municipal Law Enforcement Officer will locate the owner(s) of a canine wearing a
license tag issued by the Corporation and the owner(s) pays all costs associated to
retrieve the canine from the Pound.
Claimed Canines
Admission/Administration fee per canine admitted to the Pound $50.00
Daily Board $25.00
Flea Treatment (if necessary) $25.00
Regular Pound Hours
Monday 7:30 a.m. - 6:00 p.m. Tuesday 7:30 a.m. — 6:00 p.m.
Wednesday 7:30 a.m. - 6:00 p.m. Thursday 7:30 a.m. — 6:00 p.m.
Friday 7:30 a.m. - 6:00 p.m. Saturday 7:30 a.m. — 12:00 p.m.
Sunday 8:00 a.m. — 10:00 a.m.
"Closed on Statutory Holidays -
c
Towmm17ipof Canine Release Form
Proud Heritage, Exciting Future
The owner of a canine being held at the Pound has addressed all matters concerning
the apprehension of the canine. The Township has no further reason to hold this
canine and consents to its release.
Owner's Name:
Canine's Name:
Current Tag #:
Description of
Canine:
Date:
Print Name:
Municipal Law Enforcement Officer (MLEO) Number
MLEO
Signature: