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Home My WebLink AboutCLD-023-06 ~n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2,2006 Report #: CLD-023-06 File #: GP/1-379-ot:, By-law #: Ot (J{i, - d 6 , Subject: ANIMAL SERVICES ASSISTANCE AGREEMENT WITH CITY OF PICKERING - REQUEST FOR SIX-MONTH EXTENSION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report CLD-023-06 be received; 2 THAT Council approve the City of Pickering's request to extend the current agreement to end June 30, 2007; 3 THAT the by-law attached to this report authorizing the Mayor and Clerk to extend the Term of the Agreement with the City of Pickering for a further six month period, to June 30, 2007 be approved; and 4 THAT the City of Pickering be advised of Council's Decision. Submitted by: O~-~ Reviewed by: Franklin Wu, Chief Administrative Officer CAG*PLB CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD..Q22..Q6 PAGE 2 BACKGROUND AND COMMENT At its meeting of December 12, 2005, Council passed By-law 2005-237 authorizing the Mayor and the Clerk to execute, on behalf of the Municipality of Clarington, a contract between the Municipality of Clarington and the Corporation of the City of Pickering to provide feed, care and sheltering services to the animals from Pickering on an interim basis. The Term of the Agreement was for six months commencing January 1, 2006 with an option to extend to December 31,2006. The extension option was invoked. Since January 2006, the Clarington Animal Shelter has taken in a total of 27 cats and 47 dogs from the City of Pickering. Revenues collected from the City of Pickering for our services are approximately $2700 (for the period ending July 31,2006). Our Animal Services Officers have developed a positive working relationship with the Pickering Animal Control Officers and have adapted well to the increase in activities resulting from this Assistance Agreement. That being said, however, there have been a number of issues identified over the past eight months that supports the notion that sheltering for another municipality is not an optimum long-term scenario. While each municipality is committed to the welfare of their residents and their pets, our priorities and policies are not necessarily consistent. During the Term of the Agreement, the City of Pickering has been working to establish a more permanent solution for the feed, care and sheltering of the animals in Pickering. On September 26, 2006 we received a request from the City of Pickering to extend our Assistance Agreement for a six month Term (expiring June 30, 2007). Further to the written request for extension, staff have discussed the matter with the Clerk of the City of Pickering and are confident that this six month term should be sufficient time for the City of Pickering to conclude its third party negotiations and would not unduly impact our Animal Shelter. Staff, therefore, recommend that the Assistance Agreement with the City of Pickering be extended for a further six month period, to June 30,2007. Recommendation That the draft by-law extending the Term of the Assistance Agreement with the City of Pickering, included as Attachment 2 to this Report, be forwarded to Council for approval. Attachments: Attachment 1 - By-law 2005-237 Attachment 2 - Draft by-law to extend the Term of the Contract Attachment 3 - Request for Extension ATTACHMENT # \ TO REPORT (J (JJ)-Cv<:D(Q THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- 237 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering, to enter into agreement for the services for the feed, care, and sheltering of animals from the City of Pickering on an interim basis. WHEREAS the Corporation of the City of Pickering requires assistance on an interim basis for the feeding, caring, and sheltering of animals from Pickering; and WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate to providing to the Corporation of the City of Pickering, feed, care and sheltering services to the animals for animals from Pickering on an interim basis; NOW THEREFORE BE IT ENACTED: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering; and 2. THAT the contract attached hereto as Schedule "A" form part of this By- law. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12th day of December 2005. THIS AGREEMENT is made as of January 1, 2006 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING ("Pickering") - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Clarington") WHEREAS Pickering has requested that Clarington feed, shelter and care for animals from Pickering on an interim basis and Clarington has agreed to provide such services on the terms and conditions set out in this Agreement. NOW THEREFORE Pickering and Clarington agree as follows: Definitions 1. In this Agreement, (a) "Pickering Animals" means the stray dogs and cats delivered by Pickering staff to the Shelter; and (b) "Shelter" means the Clarington Animal Shelter located at 33 Lake Road, Bowmanville, ON, that is owned and operated by the Municipality of Clarington. Services 2. Subject to section 4, Clarington shall feed, shelter and care for all Pickering Animals. 3. Pickering shall provide to Clarington eight cages to provide shelter to Pickering Animals. Pickering shall maintain ownership of these cages. 4. Pickering acknowledges that if the Shelter, including the eight Pickering cages, is full, it will be Pickering's responsibility to find an alternative place to feed, shelter and care for any additional Pickering Animals. Pickering shall develop a contingency plan for such an event. 5. Clarington shall be the pound-keeper for Pickering and shall feed, shelter and care for all Pickering Animals in accordance with its animal control by- laws and its approved policies and procedures. Animal Control Agreement Page 2 6. Pickering shall be responsible for any transfer of any Pickering Animals that require veterinary care to a veterinary clinic. 7. As pound-keeper for Pickering and pursuant to the provisions of the Heaffh Protection and Promotion Act, R.S.O. 199 c. H.7, Pickering Animals shall be quarantined for a period of ten days on an order issued by the Durham Region Health Department. 8. Pickering's written approval must be obtained prior to any Pickering Animal is euthanized. After receiving approval from Pickering, Clarington shall contact a veterinary clinic to arrange such euthanasia. 9. Redemption dates for all Pickering Animals shall be in accordance with Clarington's policies and procedures. Surrendered Pets 10. Clarington shall only accept surrendered pets from Pickering if space is available in one or more of the eight Pickering cages in the Shelter. A waiting list shall be established for surrendered pets from Pickering if there is no such space available. Term 11. The term of this Agreement shall be 6 months commencing January 1, 2006. 12. Pickering shall have the right to extend the term of this Agreement for two further 3-month periods on the same terms and conditions provided it has given notice to Clarington at least 30 days prior to the expiration of the initial term or the first extension period, as the case may be, AND Clarington gives Pickering written notice that it consents to such extension. This Agreement shall not be extended beyond December 31,2006 without the consent of both parties. Fees 13. For every Pickering Animal, Pickering shall pay to Clarington a $40.00 intake fee. Clarington shall invoice Pickering monthly for all such fees. 14. Pickering shall be responsible for all veterinarian costs and any other costs related to Pickering Animals as are deemed appropriate by Clarington and agreed to by Pickering including, but not limited to, any costs of euthanizing a Pickering Animal and providing veterinary care to a Pickering Animal. Pickering shall be invoiced directly for all such services. 2 Animal Control Agreement Page 3 15. In order to ensure consistency, Pickering shall impose the same the impound fees and apply the same impound policies as Clarington. 16. Fees for other animal services provided by Clarington to the public (e.g. adoption fees) shall be in accordance with Clarington's approved fee schedule. Adoption 17. Surrendered or stray animals may be placed for adoption in accordance with the policies and procedures of Clarington. 18. All adoption fees respecting Pickering animals shall be shared equally between Pickering and Clarington. If any Pickering Animals remain at the Shelter for more than 3 months, Clarington shall be entitled to such larger share of the adoption fee respecting such animals as the Clerks of Clarington and Pickering agree upon. Boarding 19. Pickering acknowledges that Clarington does not offer boarding services. All requests for such services received by Pickering shall be referred to local veterinarians and kennels. Hours of Operation 20. The hours of operation for Pickering's animal control services shall mirror Clarington's hours of operation to ease the co-ordination of shelter services. The scheduled hours are 7:00 a.m. to 6:00 p.m. Monday to Friday and 7 a.m. to 3 p.m. on Saturdays. 21. For shelter requirements outside of normal operating hours (emergency services), Pickering staff shall contact the designated Clarington on-call staff to make the necessary arrangements to enter the Shelter. Clarington shall invoice Pickering monthly for all on-call services provided to Pickering. Records 22. In accordance with the Pounds Act, R.S.O. 1990, P.17, Clarington shall be responsible for maintaining accurate records on behalf of Pickering. If requested, Clarington shall provide copies of all such requests to Pickering. 3 Animal Control Agreement Page 4 Default 23. If at any time Pickering is in default in the performance of any of its obligations under this Agreement and such default continues for 15 days after the receipt by Pickering of notice from Clarington setting out the particulars of such default, Clarington shall have the right to terminate this Agreement. General 24. Pickering shall not assign this Agreement without prior approval from Clarington. 25. Pickering staff shall have the right at all reasonable times to enter the Shelter provided such entry does no interfere with Clarington's use of the Shelter. 26. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 27. (1) Any notice to Pickering under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 Attention: City Clerk (2) Any notice to Clarington under this Agreement shall be in writing and shall be delivered to the following address: Municipal Administrative Centre 40 Temperance Street Bowmanville. Ontario L 1 C 3A6 Attention: Municipal Clerk (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. 4 Animal Control Agreement Page 5 (5) The parties may change their address for notice by giving notice to the other in the manner provided in this section. THE CORPORATION OF THE CITY OF PICKERING Per: Per: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Per: 5 ATTACHMENT II a TO REPORT # OJ>-C2"3-q.<..:.. Attachment 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a by-law to authorize an extension of the Term of the Contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering for a further six month period, to June 30, 2007. WHEREAS the Corporation of the City of Pickering requires assistance on an interim basis for the feeding, caring and sheltering of animals from Pickering; and WHEREAS the Council of the Municipality of Clarington passed by-law 2005-237 authorizing the execution of a contract between the Municipality of Clarington and the City of Pickering for the feeding, caring and shelter of animals on an interim basis, with a Term expiring on December31,2006;and WHEREAS the City of Pickering has requested that the Term of the Agreement authorized by By-law 2005-237 be extended for a further six month term, to June 30, 2007; and WHEREAS Staff indicate that such an extension would not unduly impact the Clarington Animal Shelter; NOW THEREFORE BE IT ENACTED: 1. That the Mayor and Clerk, are herby authorized to extend, on behalf of the Corporation of the Municipality of Clarington, the contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering for a further six month period, to June 30, 2007. By-law read a first and second time this day of October, 2006. By-law read a third time and finally passed this day of October, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk ::iH-~l:h:~UUo lUI:. Ul:~{ PM GlTY UI' PIGKI:.l<lNli I'AX NU 8Ub 4~U 8BBb p, 02 /7,~' .A ~ltJl "Y' ATTACHMENT #3 TO REPORT # CJ..::b - ~"), . hi. c, Pickering Civic Complex One Th~ E~plilnade Pickering, Ontario Canada LlV 6K7 Direct Access 905..uo.4660 Ton Frell 1.866.683.2760 cityofpickering.com CORPORATE SERVICES DEPARlMENT Clerk's Division Division 905.420.4611 Facsimile 905.420.9685 cleTks@city.pickering.on.ca September 26, 2006 Patti L. Barrie Municipal Clerk Municipality of Clarington 40 Temperance Street Clarington, ON L 1 C 3A6 Subject: Extension of Animal Shelter Agreement Clarington Animal Shelter - File: S-3010 The Council of the Corporation of the City of Pickering considered the above matter at a meeting held on September 25, 2006 and approved the following: 1. That the Animal Shelter Agreement with the Municipality of Clarington be extended for a further six month period. to June 30, 2007, and 2. Further, that the appropriate officials of the City of PiCkering be authorized to take the necessary actions to give effect thereto. On behalf of City Council, we wanted to also extend our sincere thanks to the Municipality of Clarington for assisting us as we develop Animal Services. It has . been a year of extreme growth with this service, and without Clarington's help we would not have been able to deliver a high level of service to our residents. In September, the City issued an Expression of Interest and are currently in negotiations with a third party to assist .us with our .animal shelter services, so you will be kept apprised of our plan in this regard. ~1:P-~O-~UUO TUr: U1 :2"{ PM ClTY OF P1CKHUNG FAX NO. gOb 420 9685 p, 03 Subject: Animal Shelter Agreement September 26, 2006 Page 2 Should you require further information, please do not hesitate to contact the undersigned at 905.420.4660 extension 2153. Yours truly, CB/ab Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor . Supervisor, Animal Services