HomeMy WebLinkAboutCLD-18-02
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Clw:mgron
REPORT
CLERK'S DEPARTMENT
Date:
APRIL 29, 2002
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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File #: /11/! - By-law #: ji(;-l-{ r:- (
CLD-18-02
Meeting:
Report #:
Subject:
MARK STEWART - ANIMAL LICENCING SERVICES INC. - AGREEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-18-02 be received;
2. THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog and cat
licences door to door in the Municipality of Clarington for the year 2002 commencing on
May 1, 2002 until September 30, 2002 and subject to review by Council at the
termination of the agreement;
3. THAT the Agreement be executed by the Mayor and Municipal Clerk and the
authorizing By-law be forwarded to Council for approval; and
4. THAT Mark Stewart, Animal Licencing Services Inc., be advised of Council's decision.
///
Submitted b :
Reviewed by:
-' r-a-~Q
Franklin Wu,
Chief Administrative Officer
() . C\-L
.~"'--/ I L
MPKS*PLB*dm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1110
, ,
REPORT NO.: CLD-1S.Q2
PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 For the past five years, Animal Licencing Services Inc., has been contracted by
the Municipality to sell pet licences door to door from March 1, to
September 30,
1.2 This year, however, in an endeavour to test the market, Staff requested the
Purchasing Division to prepare a "Request for Proposal - Licencing of Cats and
Dogs". As a result, only one bid was received and it was from Animal Licencing
Inc. The poor response to the RFP call is thought to be related to the small value
of work included in the RFP and the limited number of businesses which offer
this service. Staff therefore recommend that Animal Licencing Services Inc. be
contracted for the year 2002 from May 1 - September 30, 2002.
1.3 The following chart reflects the positive financial impact of the execution of the
Agreements for the past three years:
YEAR TOTAL
1999 Sale of dog licences by Municipality, $39,628.00
Outlets and Animal Licencing Services
Inc.
2000 Sale of dog and cat licences by $76,995.00
Municipality, Outlets and Animal
Licencing Services Inc.
2001 Sale of dog and cat licences by $54,462.00
Municipality, Outlets and Animal
Licencing Services Inc.
1111
~
. .
REPORT NO.: CLD-18'()2
PAGE 3
1.4 Revenues decreased in 2001 because the contractor experienced some staffing
problems and was not able to concentrate his efforts in this municipality as he
had in the past. Also, in the year 2000, the sale of lifetime licences was initiated
and many pet owners purchased these at a fee of $30/dog and $20/cat. As a
result, these pet owners do not need to buy any more licences for the same pets.
1.5 Staff have investigated various alternatives to the hiring of a contractor Le.,
a) volunteer groups selling licences door to door on behalf of the
municipality.
The groups contacted felt that the task of going door to door was too
onerous for the revenues it would generate.
b) Other municipalities were contacted (see attachment 1) which hired their
own door to door part-time personnel and they stated that,
administratively, the co-ordination and supervision of these persons was
very time consuming and sometimes too difficult.
c) The issue of bulk mailing with the tax notices where residents were
reminded to buy their pet licence was re-visited and found to be
unsuccessful when pursued in 1996.
d) Staff, this year, will be developing a Licence Application Form which will
be posted on the Clarington Animal Shelter section of the Municipality's
web site. This will enable our residents to download the form, complete it
and forward it to Animal Sheter for receipt of their annual pet licence.
e) With the new computerized Pet Licencing Program developed by the
Systems Division, Staff want to produce a computer generated mail
reminder to all our licenced pet owners at the end of 2002.
111 2
REPORT NO.: CLD.18..()2
PAGE 4
1.6 The contents of the Agreement attached to Report CLD-18-02 as Schedule "2"
remain the same as the Agreement executed in 2001 except for Section 3.02
which states that...... remuneration shall be paid to the contractor on a weekly
basis and only upon the approval by Municipal Staff of the Animal Licencing
Receipts," In the past, some Licencing Receipts have been submitted to Staff by
the contractor in an illegible or incomplete form. This has created time
consuming administrative problems for Staff as well as some frustration. The
contractor has been advised and agrees with the fact that this is no longer
acceptable.
2.0 RECOMMENDATIONS
Staff therefore recommends:
2.1 THAT Report CLD-18-02 be received;
2.2 THAT Animal Licencing Services Inc., be given the exclusive rights to sell dog
and cat licences door to door in the Municipality of Clarington for the year 2002
commencing on May 1, 2002 until September 30, 2002 and subject to review by
Council at the termination of the Agreement;
2.3 THAT the agreement be executed by the Mayor and Municipal Clerk and the
authorizing By-law be forwarded to Council for approval; and
2.4 THAT Mark Stewart, Animal Licencing Services Inc., be advised of Council's
decision.
1113
"
REPORT NO.: CLD-18-02
PAGE 5
If these recommendations are approved, an advertisement will be placed in the local
newspapers to inform our residents of the pet licences being sold door to door.
Attachment #1
Attachment #2
Attachment #3
Chart
By-law
Agreement
Interested parties to be advised of Council's decision:
Mark Stewart, Animal Licencing Services Inc.
111 Victoria Street E. #1
Whitby, Ontario
L 1N 8X1
Animal Advisory Committee
1114
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Attachment #2
To Report CD-18-02
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002-
being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and Animal Licencing Services Inc,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1 , THAT the Mayor and Municipal Clerk are hereby authorized to execute on behalf
of the Corporation of the Municipality of Clarington. and seal with the Corporate
Seal. an Agreement with Animal Licencing Services Inc, for the sale of dog/cat
licences "door to door" in the Municipality of Clarington from May 1, 2002 to
September 30. 2002,
2, THAT the Agreement attached hereto as Schedule "A" forms part of this By~aw,
By-law read a first and second time this 29"' day of April. 2002,
By-law read a third and finally passed this 29"' day of April. 2002,
MAYOR
MUNICIPAL CLERK
1 16
"
Attachment #3
To Report CD-18-Q2
This Agreement signed in Triplicate on the 26'" day of February, 2001,
BETWEEN:
The Corporation of the Municipality of Clarington
"The Municipality"
- and-
Animal Licencing Services I nc,
"contractor"
AGREEMENT
The Contractor has provided a proposal to the Municipality for selling Dog
and Cat licences to the residents of Clarington on a contracted "door to door"
basis and this Agreement is being entered into to clarify the terms and condttions
on which services will be rendered,
The Municipality and the Contractor both acknowledge that they have
each received adequate consideration to enter this contract,
Table of Contents
Articie 1,00 Scope of Services
Article 2,00 Term and Renewal
Article 3,00 Rent/Remuneration
Articie 4.00 Rights and Obligations of the Municipality
Article 5,00 Rights and Obligations of the Contractor
Article 6,00 Covenants. Representations and Warranties
Of the Contractor
Article 7,00 General
Article 8,00 Termination
Article 9,00 Definttions
1
2
2
3
4
6
6
7
7
1 ,0 SCODe of Services
1,01 Licence Sales: The Contractor shall provide the service of selling dog
and cat licences to the residents of the Municipality of Clarington. door to door,
This operation will be carried out between the hours of 9:00 a,m, and 8:00 p,m"
from Monday to Saturday. (excepting statutory holidays) for the term of this
contract,
111 7
2
1,02 Other Services: The Contractor shall communicate to the residents of
Clarington the reasons and benefits for dog/cat licencing, This will include the
distribution of brochures and other literature regarding the licencing of dogs/cats
in Clarington, as provided by the Municipality,
2,00 Teon and Renewal
2,01 Term: This contractwil~ha"" a fixed term of Ma~1, 2002 to
September 30, 2002. This service is being contracted on a trial basis for that
period, The effectiveness of the program will be evaluated at that time and a
decision made with respect to future requirements and procedures,
2,02 Renewai:
This contract has no right for renewal.
3,0 Remuneration
3,01 Remittance: The Contractor shall make weekly deposits in the full amount
of all proceeds of all licence sales to an account to be opened by the Municipality
for this purpose at the Municipality's bank in Bowmanville, Cash, cheques made
payable to the Municipality of Clarington, or cred~ card payments (Visa,
Mastercard) will be acceptable for payment of licences,
3,02 Remuneration: Remunaration in the amount of 30% for the sale of
each dog or cat licence shall be paid to the Contractor on a weekly basis and
only upon the approval by Municipal staff of the Animal Licencing receipts,
Registration forms and inVOices to support the licences sold must be submitted to
the Municipality by 9:00 a.m,. the Monday following the completed work week, A
cheque will be issued on the following Friday, provided the remuneration
exceeds $50,00, Where this minimum reqUirement is not met. then payment
shall be deferred to a following Friday when the $50.00 has been achieved,
Where a cheque received by the Contractor proves to be N,S.F,. such cheque
shall be handled by the Municipality in the manner normally prescribed under
Municipality Procedures for the handling of such cheques under other
circumstances, Payments to the Contractor shall be withheld,
3,03 Data: Data collected with respect to door-to-door sale of licences shall be
delivered to the Animal Sheiter by 12:00 noon on the Monday following the
collection of the data,
1118
3
3,04 Books and Records: The Contractor agrees to keep such books and
records of the operation of the licence sales as the Municipality may require, and
allow the Municipality access at all times to inspect these books and records,
The Contractor agrees to employ an Auditor licenced under the Public
Accountancy Act, R,S,Q, 1990, c,P,37, s,14 (as amended from time to time),
whose identity is acceptable to the Municipality,
3,05 DiSDUte: In the event that a displJtee arises ~ the Contractor
and the Municipality as to the amount of money payable to either party pursuant
to this Agreement, the decision shall be referred to the Municipal Clerk (or such
other person as she may designate). and the decision of the Municipal Clerk (or
designate) as to the amount of the payment shall be final.
4,00 RIGhts and ObliGations of the MunlclDal1tv of Clarinaton
4,01 Exclusivitv: The Municipality covenants that n shall not retain any other
door-to-door sales persons for animal licences during the currency of this
Agreement.
4.02 No Guarantee; The Contractor acknowledges that the
Municipality has made no representations, warranties or estimates regarding
expected sales of licences to the residents of Clarington. The Municipality has
made no predictions or estimates whatsoever regarding profrts or sales,
4,03 Confidential Records; The Municipality will provide to the
Contractor. a list of individuals who have already purchased their dog/cat
licences for the year 2001 and will proVide him with an update of individuals
purchasing licences throughout the year by non door-to-door sales, Such
information is considered to be of a confidential nature,
4,04 Reference Materials; All reference materials required to educate the
residents of Clarington with respect to the animal licencing program shall be
provided to the Contractor by the Municipality.
4,05 Trainino: The Municipality will provide appropriate training to the
Contractor and/or his employees/agents regarding the benefits of animal
licencing, prior to the commencement of the Agreement.
1119
4
4,06 Waiver: The failure of the Municipality to insist, in one or more
instances. upon the performance of the Contractor of his employees/agents of
any of the terms andlor conditions of this Agreement shall be be construed as a
waiver of the future performance of any such term andlor condition and the
obligations of the Contractor shall continue in full force and effect,
4,07 Advertisina: The Municipality shall have the right to place advertising in
the appropriate media (local newspapelS or radio) from time to time introducing
and promoting the animal licencing program and its benefrts.
5,0 RIGhts and ObliGations of th&Co!!tnctor
5,01 No Assionment: The Contractor acknOWledges that the background
and experience of its principal officer. Mark Stewart, as well as the Proposal
submitted to the Municipality under his name were key components in the
Municipality's entering into this Agreement. The door-to-daor sales are to be
conducted only by the Contractor and any of his employees or agents that have
received the prior approval of the Municipality, The Municipality reserves the right
to revoke the authority to sell dog/cat licences to an employee/agent of the
Contractor, The Contractor agrees that it shall not transfer the business (as it
operates) to another person or corporation, and acknowledges that he is not
entitled to assign all or any portion of this Agreement without the prior written
consent of the Municipality. The Municipality may arbitrarily withhold consent to
an assignment in its sale and absolute discretion, Nothing contained in this
agreement prohibits the Contractor from performing similar services for other
municipalities or companies,
5,02 Lawful Ooeration: The Contractor shall, at all times, hold and maintain in
good standing any licences or permits required by Federal, Provincial or
Municipal laws and regulations,
5,03 Insurance: The Contractor shall obtain and maintain comprehensive
liability insurance from a company satisfactory to the Municipality,
This insurance shall:
(a) have a limit of liability of not less than $2,000,000,00 (two million
dollalS) per occurrence for property damage and bodily injury;
(b) COver all operations and liability undertaken by the Contractor
pUlSuant to this Agreement;
(c) inciude both "owned" and "non-owned" vehicie coverage;
1120
5
(d) be endorsed to provide that the policy or pOlicies will not be altered,
cancelled. or allowed to lapse during the currency of this
Agreement (including any renewal) without thirty (30) days prior
written notice to the Municipality; and
(e) name the Municipality as additional insured,
5,04 Indemnification: The Contractor agrees that it will be from time to time,
and at all times. hereafter. well and truly save. keep hannless and fully indemnity
the Municipality and its elected officials. employees and agents and its
successors and assigns. from and against all actions. claims, and demands
whatsoever which may be brought against or made upon the- Municipality and
against all loss. liability, judgements, claims. costs, demands or expenses which
the Municipality sustain. suffer or be put to resulting from or arising out of the
Contractors failure to exercise reasonable care, skill or diligence in the
performance or rendering of any work or service required hereunder to be
performed or rendered by the Contractor, its agents, servants. employees or sub
consultants or any of them.
5,05 Fidelity Bond: Inasmuch as this Agreement covers working on
Municipai property and private property within Clarington without SUpervision, the
Contractor must provide evidence that all personnel employed In, or, upon or
about the premises of Clarington are covered by a Fidelity Bond of not less than
$10.000,00 for each individual involved on Municipal property or private property
within Clarington,
5,06 Workers' ComDensation: The Contractor acknowledges that this
Agreement is a "Contract for Service" and that it and its employees/agents are
deemed to be independent Operators under the Operational Policy of the
Workers' Compensation Act, R.S,O, 1990, Sections 1 (1) (m), and 11, In the
event that the Contractor must register with the Workers Compensation Board as
an employer, it shall fumish Workers Compensation Board Clearance Certificates
to the Municipality at 45 day intervals or as required to confirm its good standing,
The Workers Compensation Board letter of Independent Operator's status shall
form a part of this Agreement.
5,07 EauiDment The Contractor shall supply its own transportation during the
currency of this Agreement. The Contractor shall further supply any computer
equipment and office materials required to collect and disseminate the data
required by the Municipality,
11 21
"
6
5,08 Identificabon: The Municipality shaH provide identification for each of the
Contractors approved employees/agents that is the official identification for one
represenbng the Municipality, This will be a photo identificabon card that wiH be
presented when making a caH at a private residence or private property wrthin the
Municipality.
5,09 Confidenbalitv: The Contractor agrees that aH informabon received
from the Municipality and from the residents of the Municipality of Clarington with
respect to animal licencing within the Municipality of Clarington is confidential
informabon and shaH be treated accordingly, This confidentiality shaH extend to
iis employees! agents, All wntten and computer materiBl;c information and
records shaH be retumed to the Municipality upon terminabon of this Agreement.
5,10 Advertisina: There shaH be no advertising carried out by the Contractor
for this program.
6,00 Rules of OoeraUon: The Contractor covenants to abide by aH of the
terms and conditions of this Agreement.
7,0 General
7,01 Nobces: Any nobces to be given under this Agreement must be in
writing, signed by or on behalf of the party giving such nobce and delivered by
hand or mailed by prepaid first class mail in Canada and addressed as foHows:
If to the Municipality at:
Marie Knight Stanley, Deputy Clerk
The Corporation of the Municipality of Clarington
40 Temperance Street
BowmanviHe, Ontario
L 1C 3A6
If to the Contractor, at:
Animal Licencing Services Inc,
clo Mr. Mark Stewart
111 Victoria Street East, Unrt #1
Whitby, Ontario
L1N8X1
or at such other address as any party hereto may have specified by notice in
writing and given to the other party,
1 22
"
7
Where notice is given by mail, it shall be deemed to have been received by the
person to who the same is addressed. on the fifth (5") business day following the
day upon which such notice. sent by prepaid first class maii. has been deposited
in a post office in Canada,
7.02 Freedom of Information: Pursuant to the Municipai Freedom of
information and Protection of Privacy Ad. R.S,O, 1990. c.M,56, as amended, the
Contractor acKnowledges that this Agreement to be Provided by the Contractor to
the Municipality. are subject to the same Act, If the Contractor wlshes to
maintain confidence on any document submitted. it must stipulate at the time that
the document is submitted, that it is being submitted in confidence, The
Municipality will not be responsible 10 the Contractor for the release of any
informalion given without claim to confidentially.
8,0 Tennlnatlon
8,01 Termination bv the Municioalitv: The ContraclDr agrees that upon breach
by it (or by persons for whom it is lawfully responsible) of any of the express or
implied terms and conditions of this Agreement, the Municipality may, in addition
to any other remedy available at law. terminate this Agreement Upon receipt by
the Contractor of a notice of termination, this Agreement shall be considered
terminated,
8,02 Return of Information: On the termination of this Agreement, the
ContraclDr shall return within 24 hours and at its own expense all documentation,
Identification. forms and literature provided by Clarington for the purposes of
carrying out the work of this contract.
8,03 Termination bv the ContraclDr: In the event that the animal licencing
program becomes unprofrtable to the Contractor, it may, upon fourteen (14) days
notice in writing to Clarington. terminate this Agreement and discontinue the
door-lo-door sales of licences,
9,0 Definitions
Soliciting "Door-te-Door" means soliciting each single dwelling unit on
every urban and rural street within the Municipality of Clarington,
A "Single Dwelling Unit" is each private home (whether single or semi
private), each private apartment (whether within a private home or
apartment bUilding). each townhouse, or each unit in a group dwelling,
J 2)
~- .JI
8
The sale of a Licence is not completed unless and until the following has
taken place: an explanation to the pet owner of the benefits of having a
licence, the completion of all appropriate paperwork. the transfer of
monies. the delivery of the licence to the pet owner, and the delivery of the
paperwork to the Clarington Animal Shelter as per Articles 3,03 and 3,04,
Signed in Triplicate on the 29"' day of April, 2002,
ANIMAL LICENCING SERVICES INC,
Name:Mark Stewart
Title:
(l!We have the authority to bind the
Corporation)
The Corporation of the
Municipality of Clarington
Mayor
Municipal Clerk
1124