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HomeMy WebLinkAbout2005-237 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 1 ih 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 Health 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: I Debi A. Bentley, City Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Per: 5 Citlf (1~ Pickering Civic Complex One The Esplanade Pickering, Ontario Canada LlV 6K7 Direct Access 905.420.4660 Toll Free 1.866.683.2760 cityofpickering.com CORPORATE SERVICES DEPARTMENT Clerk's Division Division 905.420.4611 Facsimile 905.420.9685 clerks@city.pickering.on.ca January 23, 2006 Heather Keyzers, A.M.CT. Administrative Assistant to the Clerk Municipality of Clarington 40 Temperance Street, Bowmanville, ON L 1 C 3A6 Subject: Agreement with the City of Pickering and the Municipality of Clarington to provide Feed, Shelter and Care for Animals on an Interim Basis File: S-3010 Further to your letter of January 5,2006, please find enclosed one fully executed copy of the above noted agreement for your files. If you require any further information, please do not hesitate to contact me at 905.420.4611. Yours truly, Dh (1,:EctfQA.-j Debi A. Bentley, CMO, CMM 111/\' City Clerk / ) '..J DAB/dw Attachment Copy: City Solicitor Supervisor, Animal Services