3503 Schedule "A" - To authorize an agreement between the Town of Tillsonburg and William & Margaret Jess, Maple Oak Kennels, for the provision of Animal Control ServicesTHIS AGREEMENT made the^TLday of^j^e^ ,, 2011.
BETWEEN:
WILLIAM JESS AND MARGARET JESS, MAPLE OAK KENNELS
hereainafter 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. To exercise the duties as required under Town of Tillsonburg By-Law No. 2998, 2999
and 3507, and amendments thereto, for the control of animals, specifically dogs and cats.
2. To maintain an animal shelter for the keeping of dogs and cats under requirement of the
Board of Health. Such animal shelter is to be approved by regulation through The
Ontario Ministry of Agriculture and Food.
3. The Town hereby covenants to pay the agreed upon price, as per Appendix "B", to the
Contractor forty five (45) days from receipt of the 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. The Contractor shall respond to calls for service regarding dogs running at large within
the Town of Tillsonburg. Complaints will be forwarded to the Contractor from the Town
and the OPP regarding dogs running at large. The Contractor will be responsible for
providing documentation of incidents, which will be submitted to the By-Law
Enforcement Officer.
5. Complaints regarding cats will be forwarded to the Contractor from the Town. The
Contractor shall attend the residence with authorization from the Town. In the event that
the cat is not confined, the Contractor shall receive authorization from the Town to offer
the use of a live trap in order to contain the animal.
6. The Contractor shall be responsible for selling a current dog or cat tag to any owner of a
dog or cat prior to the dog or cat being released from the pound. No additional
compensation will be paid for tag sales. The Town shall provide the Contractor with a
supply of current year tags.
7. The Contractor will not release any dog until proof is produced that the dog is currently
licensed within the Town, or the municipality where the dog is from.
8. A list of all tags sold shall be provided monthly to the Town, using a form that will be
provided by the Town's By-Law Enforcement Officer.
9. Tag monies shall be remitted along with the monthly billing to the Tillsonburg Customer
Service Centre.
10. The Town shall provide the Contractor with a supply of current year tags sold to date.
The list of the tags sold shall be provided to the Contractor on a monthly basis.
11. The Contractor shall record information regarding dogs running at large and proceed as
necessary with further action. Information/evidence regarding dogs running at large will
be provided to the Town's By-Law Enforcement Officer. The Contractor shall attend
court as required.
12. The Contractor will keep accurate records as required by the Town and the Ontario
Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The Contractor shall
submit monthly reports to the Town by no later than the 10th day of the following month.
The reports must include, but not be limited to:
1) the date of pick-up of dog(s) and/or cat(s),
2) the name, address and telephone number of the complainant,
3) the name, address and telephone number of the owner (if animal is redeemed),
4) the tag number sold to owner,
5) the total costs associated with the redemption,
6) the number of animals picked up,
7) a description of the animal,
8) the condition of the animal,
9) the disposition of the animal (i.e. redeemed, adopted, euthanasia),
10) the total cost of the call including pick-up fee, boarding costs and euthanasia
cost,
11) the number and location of traps set.
13. Patrols shall be scheduled at the request of the Town and shall not be performed on a
routine basis.
14. The Contractor shall reply courteously and promptly to all inquiries to call for service,
provide approximate response time to the complainant at the time the call for service is
received by the Contractor, arid respond to calls within one (1) hour from the initial time
of notification, provide a 1-800 number for the duration of this agreement, and provide a
website link dedicated to the Town of Tillsonburg.
15. The Contractor shall ensure that all sick or injured animals receive immediate medical
attention by a qualified veterinarian. Veterinary services must be available on a twenty-
four hour basis to handle emergencies.
16. The Contractor shall keep all dogs or cats impounded for a minimum of three (3) days,
holidays excluded. The Contractor shall attempt to contact the owner of the dog or cat
impounded as quickly as possible. The Contractor is encouraged to keep the animal
longer than the required three days at the Contractor's expense to promote adoptions and
cost savings.
17. The Contractor shall charge the pet owner the maximum sum of the call out fee plus the
per diem boarding fee when the owner redeems the pet. These funds shall be deducted
from the Town's monthly invoice, and all fees in this regard are to be 100% recovered
from the pet owner.
18. The Contractor shall advise the By-Law Officer when a second offence occurs.
19. The Contractor agrees to provide Interact, MasterCard and Visa services.
20. The Town will conduct quarterly reviews of the Contractor. This review will be
conducted by the Director of Development and Communication Services, the Chief
Building Official and the By-law Enforcement Officer. Items that will be covered in this
contract can include amongst other items, verifying level of service, response time,
customer service, billing discrepancies, the adoption program and vaccinations.
21. The Contractor shall provide a comprehensive adoption program. Accurate records will
be kept by the Contractor related to all adoptions of all animals. The Contractor may
retain any revenue derived from an adoption of an animal.
22. All animals to be euthanized shall be dealt with in a humane way and in accordance with
Provincial regulations. A certified and licensed Veterinarian will conduct all disposals.
All animals diagnosed as diseased by a certified and licensed Veterinarian may be
disposed of immediately. All others must be held in conformance with Provincial
regulations, All records related to disposal of any animal shall be kept and available to
the Town upon request.
23. The Contractor shall provide and maintain a pound facility and offer animal control
services in accordance with all relevant legislation and regulations, including, but not
limited to: The Animals for Research Act, The Pounds Act, the Board of Health, The
Health Protection and Promotion Act (rabies), applicable Municipal By-laws, The
Municipal Act, and any rules or regulations established by Ontario Ministry of
Agriculture, Food, and Rural Affairs (OMAFRA). The facility will include an indoor and
outdoor run area as well as holding cages.
24. The Contractor must operate and be licensed under the rules and regulations of The
Ontario Ministry of Agriculture, Food and Rural Affairs. The Contractor should be a
member in good standing of The Association of Animal Shelter Administrators of
Ontario.
25. Animal control facilities should be capable of housing enough animals for periods
beyond the required three day stay, in an effort to promote adoption.
26. All facilities must meet the criteria required by legislation and must be inspected on an
annual basis by OMAFRA. The Contractor must show a good disease prevention
program, including cleaning, quarantine, and a vaccination schedule. Any deficiencies
shall be reported to the Town forthwith.
27. The facilities shall be open from 8:00 a.m. to 7:00 p.m., Monday to Friday and 8:00 a.m.
to 12:00 p.m. on Saturdays.
28. A suitable vehicle(s) will be included and provided by the Contractor. Said vehicle(s)
will be clearly marked as an animal control service vehicle. The Town will supply two
portable signs having the wording 'Town of Tillsonburg Animal Control Services", to be
installed on each side of the vehicles when providing animal control services. All
vehicles will be properly insured, maintained and equipped, and be maintained in a tidy
condition.
29. The vehicle(s) used for animal control services shall be equipped with trained staff in the
care, capture, confinement and handling of injured or difficult animals. The equipment in
the vehicles shall include, but not be limited to, nets, cages, collars, leashes, tranquilizer
guns, traps., etc.
30. The Contractor shall be responsible for all costs including fuel, facilities operation,
maintenance, licensing and insurance of all equipment and vehicles used to supply the
Animal Control Service.
31. The Contactor shall provide a twenty-four hour service using either staff or an answering
service (no telephone answering machine) to receive calls from the Oxford OPP or the
Tillsonburg Customer Service Centre.
32. The Contractor shall provide dog and cat care services by fully trained and fully qualified
staff in the animal control field.
33. The Contractor shall investigate complaints received from Municipal Staff or Oxford
OPP regarding animals running at large, and respond or take action to dogs and/or cats
running at large.
34. All dogs and/or cats picked up while running at large will be returned to the Animal
Control Shelter; properly recorded and held for recovery by owners in accordance with
By-Laws 3507, 2999 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.
35. 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.
36. 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.
37. The Contractor shall post the animal recovery costs as set by the Town in the Animal
Control Shelter.
38. The Contractor shall 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/her employees.
39. This Agreement may be terminated by either of the Parties upon sixty (60) days written
notice.
40. 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 signiagjDy the
Contractor and shall not be assigned without the consent of both Parties. ^^)C (*<~Ju/ /*
I3uy /J,^jf dr %fv£4rt ' 0 fif^
41. This Agreement shall be effective from tho dato of execution up to and including July 11
2013. 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.
IN WITNESS WHEREOF THE CORPORATE SEAL OF THE TOWN IS
HEREUNTO AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS
THEREOF.
THE CONTRACTOR
-*/'
Date
Date
THE CORPORATION OF THE TOWN OF TILLSONBURG
Date
CLERK Date
SCHEDULE "B" to By-Law No.
The following represents a listing of serviced and the respective fees in accordance with
Schedule "A" of By-Law No. __.
| Description of Service
1 ___ . ___ ~ _ _.„ _ „„1 Call Out Fee for Service
1
| Boarding Fee Per Day -
| Boarding Fee Per Day -
i1 Euthanasia & Disposal -
I Euthanasia & Disposal -
I1 Patrol Feei
I Live Trap Placement
1 Court Appearance FeeL _ __„_.._ _
- Dog or Cat
Dog
Cat
Dog
Cat
Fee -2011 (Fee -2012|
60.00 65.00
18.00 18.00
10.00 11.00]
95.00 95.00
h _________ . ____ |___ ____ _.____.._49.00 49.00
0.60/km 0.60/km
70.00 f70.00
70.66 80.00
____ _ ._ __ _______ „. _ ._ .._...._ i
These fees do not include HST.
Add 10%^
days of any month.
our""£*?if gas prices reach 1.28 per litre for at least 20