2021-085 By-law to Enter into an Agreement with Heartland Kennels to Provide Pound Keeper Services and to Repeal By-law No. 2016-098The Corporation of the Township of Oro-Medonte
By-law No. 2021-085
A By-law to Enter into an Agreement with
Heartland Kennels
to Provide Pound Keeper Services
and to Repeal By -Law No. 2016-098
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
July 20, 2021, declared by Motion No. C210720- the execution of the Pound
Services Agreement between Heartland Kennels and the Township of Oro- Medonte.
Now Therefore the Council of the Township of Oro-Medonte hereby 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 20, 2021 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 That By- law No. 2016-098 is hereby repealed in its entirety.
4. This by-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 20th day of July, 2021.
The Corporation of the/Township of Oro-Medonte
OkL",of
Mayor, H..S.�H�1`hes
• \��L-ci
Cler Yvonne Aubichon
Schedule "A"
to By-law No. 2021-085 for Execution of a Pounds Services Agreement with
Heartland Kennels
The Corporation of the Township of Oro-Medonte
This Agreement made in duplicate this 1st day of July, 2021
Between: The Corporation of the Township of Oro-Medonte
(the "Corporation")
Of The First Part
-And-
Heartland Kennel
The ("Pound" or "Poundkeeper")
The Corporation agrees to:
1. To appoint Heartland Kennel as a Poundkeeper for the Corporation for a sixty
(60) month term, commencing July 1, 2021.
2. provide the Poundkeeper with a copy of the Corporation's most current Canine
Control By-law.
3. to grant the Poundkeeper the right to collect dog licensing fees in accordance
with the current scale of as set out in the current Canine Control By-law, said
fees to be retained by the Township or Oro-Medonte, minus a $2.00 commission
fee per licensing dog tag to be retained by the Poundkeeper.
4. to permit the Poundkeeper to retain all fees charged.
5. 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 five (5) day period while the dog is in the pound. The
Corporation shall be responsible for medical expense incurred in these matters.
6. to reimburse the Poundkeeper 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
Canine Control By-law as follows;
1. 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 notify the Township each time a resident brings a dog that was
impounded and found to be running at large
4. to dispose of all dogs impounded which become the property of the
Corporation, in accordance with the Canine 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.
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 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" 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 the 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 $5,000,000
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 twenty four (24) hour Poundkeeping as required.
15. to pay all costs of operating and maintaining the said
Pound.
The Agreement shall only apply to dogs as identified and shall not apply to any other
domestic animals or wildlife.
Terms of Aqreement
1. This Corporation and the Poundkeeper agree, as follows:
that this agreement shall commence on July 1, 2021 and remain in place for up to 5
years, unless;
2. both parties agree to renegotiate the terms of said agreement, in which event the
agreement shall be terminated; or;
3. 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.
Agreement:
This agreement shall be for sixty (60) month period commencing July 1, 2021, and
may be terminated by either party upon ninety (90) days written notice of intention to
terminate.
In Witness Whereof this agreement was executed and signed this 20th day of July,
2021.
The Corporation of the Township of Oro-Medonte;
v.
Mayor, H.S. ughes
. l
C' v�
Clerk, Yvonne Aubichon
e
Heartland Kennel