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2977 To authorize the Mayor and Clerk to execute an agreement between the Town of Tillsonburg and Glen Rohrer, Cranberry Kennel, for the Provision of Animal Control Services in the Town of TillsonburgCORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2977 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF TILLSONBURG AND GLEN ROHRER, CRANBERRY KENNEL FOR THE PROVISION OF ANIMAL CONTROL SERVICES IN THE TOWN OF TILLSONBURG. WHEREAS Section 210 of the Municipal Act, R.S.O. 1990, Chpt. M.45 Council of theCorporation of the Town of Tillsonburg authorizes municipalities to regulate and prohibitthe running at large of animals in the Town of Tillsonburg. AND WHEREAS the Council of the Corporation of the Town of Tillsonburg deems itnecessary and expedient to enter into an agreement with Glen Rohrer, Cranberry Kennelfor the provision of animal control services in the Town of Tillsonburg. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. THAT the Council of the Town of Tillsonburg enter into an agreementwith Glen Rohrer, Cranberry Kennel to regulate the running at large ofanimals in the Town of Tillsonburg as attached as Schedule "A" to this by-law. 2. THAT Schedule "A" attached hereto is hereby declared to be a part of thisby-law as if written and incorporated herein. 3. THAT Glen Rohrer, Cranberry Kennel be appointed as the Animal Control Officer for the Town of Tillsonburg. 4. THAT this by-law shall come into full force and effect upon final passing. 5. THAT By-law No. 2793 be repealed. READ A FIRST, SECOND AND THIRD TIME, AND FINALLY PASSED this 25th day of March, 2002. M4!YOR CLERK THIS AGREEMENT made this 25th day of March, 2002. BETWEEN: GLEN ROHRER, CRANBERRY KENNEL hereinafter called the "Contractor" OF THE FIRST PART and THE CORPORATION OF THE TOWN OF TILLSONBURG hereinafter called the "Town" OF THE SECOND PART WHEREAS the Town of Tillsonburg is desirous of entering into an Agreement for contracted animal control services within the Town of Tillsonburg, NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. Exercise the duties as required under By-Law No.2998, 2999 and 3009 or amendmentsthereof, of the Town of Tillsonburg for the control of animals, specifically dogs and cats. 2. Maintain an animal shelter for the keeping of dogs and cats under requirement of theBoard of Health; such animal shelter is to be approved by regulation through theMinistry of Agriculture and Food. 3. The Town hereby covenants to pay the agreed upon price as per Appendix "B" to the Contractor thirty (30) days from the receipt of invoice for services and continuing for the life of the Agreement. Invoices will be based on services provided the previous month and will include an itemized list of activities for the period covered. 4. Provide two weekly patrols for animals in the Town of Tillsonburg in vehicles properly marked and cell phone or pager dispatched. 5. Provide a twenty-four hour service using either staff or an answering service (notelephone answering machine) to receive calls from the Oxford OPP or the TillsonburgCustomer Service Centre. 6. Provide dog and cat care services by fully trained and fully qualified staff in the animal control field. 7. Reply courteously and promptly to all inquiries. 8. Investigate complaints received from Municipal Staff or Oxford OPP regarding animalsrunning at large. 9. Respond or take action to dogs and/or cats running at large during weekly patrols. 10. All dogs and/or cats picked up while running at large will be returned to the AnimalControl Shelter; Properly recorded and held for recovery by owners in accordance withBy-Laws 3009 or 2998, or amendments thereof, and if not claimed can be sold as pets or disposed of through a proper and Licensed Veterinarian Service in a humane manner. 11. Indemnify and save completely harmless the Town from and against all actions, suits,claims and demands of any kind which may be brought against or made upon the Town,and against all loss, costs, damages, injuries, or expenses which the Town may sustain,incur or become liable for arising from the negligence of the Contractor or his/heremployees. 12. The Contractor shall indemnify and save harmless the Town and their employees from all actions, suits, claims and demands whatsoever which may arise directly or indirectly by reason of a requirement of this Agreement, save and except from damage caused by the negligence of the Town or their employees. By-law No. 2977 Animal Control Agreement 13. The Contractor shall furnish to the Town, upon the execution of this Agreement, a Clearance Certificate issued by the Workplace Safety & Insurance Board which waives its rights under Section 11(3), R.S.O. 1990 of the Workers' Compensation Act to hold the Municipality liable for any liability of the Contractor for assessments and levies owing to the Workplace Safety & Compensation Board. 14. The Contractor shall perform the services as agreed herein with regard to the Town's Health and Safety Policies and Procedures. The responsibilities of the Contractor include the following: a) demonstrate the establishment and maintenance of a health and safety program with objectives and standards consistent with applicable legislation and the Town's health and safety policy and requirements; b) include health and safety provisions in your management system to reach and maintain consistently high level of health and safety; and c) ensure the workers in your employ are aware of the hazardous substances that may be in use at the workplace and wear the appropriate personal protective equipment required for the area. 15. The Contractor shall post the animal recovery costs as set by the Town in the Animal Control Shelter. 16. During the currency of this Agreement, either of the Parties shall have the right to call a meeting regarding any aspect of the Agreement which is unsatisfactory to one or both of the said Parties. If the Parties are unable to agree on any point arising out of this Agreement or the carrying into effect thereof, such differences shall be determined by arbitration. 17. This Agreement may be terminated by either of the Parties upon thirty (30) days written notice. Amendments hereto may be made by mutual agreement of both Parties. 18. This Agreement shall enure and be binding upon the Parties hereto and their successors when attached to and confirmed by By-law of the Council of the Town and signing by the Contractor and shall not be assigned without the consent of both Parties. 19. This Agreement shall be effective from the date of execution up to and including March 31, 2003. The Town reserves the right and the Contractor agrees to allow the Town the option of renewal for a further two (2) year term with all conditions contained herein in force. By-law No. 2977 Animal Control Agreement IN WITNESS WHEREOF THE CORPORATE SEAL OF THE TOWN IS HEREUNTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF. AUTHORIZATION THE CONTRACTOR 'OL, Date Date AUTHORIZATION THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2977 Date By-law No. 2977 Animal Control Agreement TOWN OF T1LLSONBURGSchedule "B" to By-law No. 2977 The following represents a listing of serviced and the respective fees in accordance with Schedule "A" of By-law No. : Description of Service______________________$ Kennel Fee per day per dog 18.00Quarantine of cats per day 16.00Disposal and euthanasia per pound 1.75Patrol Fee 50.00Special pick up fee________________________60.00 These fees do not include PST/GST.