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HomeMy WebLinkAboutAS 01-18DICKERING cdo Report to Executive Committee Report Number: AS 01-18 Date: September 11, 2018 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Animal Sheltering Agreement for the Town of Whitchurch-Stouffville - Five-year term effective January 1, 2019 - File: S-3010-001-18 Recommendation: 1. .That Council authorize Animal Services to provide sheltering services for The Corporation of the Town of Whitchurch-Stouffville for a five-year term effective January 1, 2019; That Council approve the draft Agreement attached hereto for the provision of sheltering services to Whitchurch-Stouffville, and that the Mayor and City Clerk be authorized to execute the Agreement on behalf of the City, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; 3. That all sheltering service fees to be paid by the Town of Whitchurch-Stouffville be placed in the Animal Services Operating Revenue Account; and 4. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Executive Summary: This past Spring, staff from the Town of Whitchurch-Stouffville contacted Animal Services to determine if the City would be interested in entering into a five-year agreement to shelter animals for Whitchurch-Stouffville. The Town of Whitchurch-Stouffville currently houses animals in Vaughan, however they advise that the Vaughan sheltering facility is inconveniently located and does not meet all of their needs. Pickering's Animal Shelter is closer and will better meet the needs of Whitchurch-Stouffville staff and residents. Pickering's level of service to Pickering residents will not be compromised by this arrangement. Financial Implications: The draft Agreement (Attachment No. 1) outlines the following shelter fees that Whitchurch- Stouffville would pay to the City on a yearly basis. AS 01-18 September 11, 2018 Subject: Animal Sheltering Agreement for the Town of Whitchurch-Stouffville Page 2 Shelter Fees Total per year Service Costs ($500/month) $6,000 The costs below are only received if an animal enters the animal shelter. Per Animal: $200/dog $100/cat Based on 100 animals (50 dogs and 50 cats) $15,000 Daily Fee (up to the 6th day) $20/day (Based on 100 animals staying for the stray period of 6 days) $12,000 Quarantined Animal $40/day (based on 10 animals) $4,000 Based on this fee structure, City staff estimate that the City will receive approximately $30,000 in sheltering fees each year. Discussion: Since 2012, Animal Services has been operating Pickering's Municipal Animal Shelter from leased property located at 1688 Highway 7: Over the last 6 years, the shelter has brought in over 2,000 animals and adopted out over 1,300 animals. Statistics provided by Whitchurch-Stouffville show that in 2017, Whitchurch-Stouffville sheltered 100 animals. Animal Services staff have evaluated Pickering's current sheltering trends and are confident that the Shelter can comfortably accommodate these additional 100 animals. Once these animals enter into the City's facility, they will become the property of the City of Pickering and will follow our current animal sheltering policies and procedures. Staff at Whitchurch-Stouffville have been advised that our current site. is temporary and that the City is planning to build a permanent shelter in Pickering. Whitchurch-Stouffville sees this partnership as a long-term arrangement, and have already expressed a keen interest in moving to our new facility when the time comes. Based on the information provided in this report, it is recommended that the City proceed to enter into a five-year agreement to shelter animals for Whitchurch-Stouffville. AS 01-18 September 11, 2018 Subject: Animal Sheltering Agreement for the Town of Whitchurch-Stouffville Page 3 Attachments: 1. Draft Animal Shelter Agreement with The Town of Whitchurch-Stouffville Prepared By: NC'�N�Ct� Lindsey Narraway Supervisor, Animal Services ' LN:KT/ks Approved/Endorsed By.: J Kimberly Thompson • Manager, By-law Enforcement Services (/ App /Endorsed By: Paul Bi Directo Corpo ate Services & City Solicitor Reco ended for the consideration of Pic! City Council Tony Prev_ • el, P. ng. Chief Admin' . ive Officer ATTACHMENT# / TO REPORT# /\S 0 .of. This Agreement is made as of December 1, 2018 Between: The Corporation of the City of Pickering ("Pickering") - and - The Corporation of the Town of Whitchurch-Stouffville ("Whitchurch-Stouffville") Whereas Whitchurch-Stouffville requires an animal shelter facility to feed, shelter and care for animals from Whitchurch-Stouffville and Pickering has agreed to provide the use of their facility based upon the terms and conditions set out in this Agreement; And Whereas Council for Whitchurch-Stouffville authorized the execution of this Agreement by way of Resolution on Now Therefore Pickering and Whitchurch-Stouffville agree as follows: Definitions 1. In this Agreement, (a) "Service Costs" include the feed, care, cleaning and facility operation including staff and maintenance costs required in conjunction with the Shelter; and (b) "Shelter" means the facility operated as The Pickering Animal Shelter on the property municipally known as 1688 Highway 7, Brougham, ON LOH 1A0, or such replacement animal shelter facility as designated by Pickering in accordance with Section 19. (c) "Whitchurch-Stouffville Animals" means the stray dogs, cats and small animals (such as domestic rabbits, guinea pigs, birds, reptiles, etc.) delivered by Whitchurch-Stouffville staff to the Shelter; Sheltering Services 2. The Shelter shall feed, shelter and care for all Whitchurch-Stouffville Animals in accordance with all applicable legislation. 3. Stray small animals may be impounded at the Shelter on a case by case basis at the discretion of Shelter staff. 4. Healthy stray cats and kittens may be impounded at the Shelter on a case by case basis at the discretion of Shelter staff. Animal Shelter Agreement Page 2 5. Once Whitchurch-Stouffville Animals are impounded by the Shelter, the Shelter shall be responsible for the health and wellbeing of the Whitchurch-Stouffville Animals, including any costs incurred for veterinary services required. 6. Redemption, surrenders, adoption and euthanasia for all Whitchurch-Stouffville Animals shall be in accordance with policies and procedures established by the Shelter. Upon execution of this Agreement, and as revised or amended during the term of this Agreement, the Shelter agrees to provide copies of all applicable policies and procedures to Whitchurch-Stouffville. 7. Section 5 does not apply to Whitchurch-Stouffville Animals being held by the Shelter pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 1990 c. H.7 ("HPPA") and any regulations passed under it, and the Dog Owners' Liability Act, R.S.O. 1990, c. D.16 ("DOLA") and any regulations passed under it. Whitchurch-Stouffville shall be responsible for an additional daily impound fee of $20.00 per animal and any veterinary or euthanasia costs associated with Whitchurch-Stouffville Animals being held by the Shelter pursuant to HPPA and DOLA. 8. Whitchurch-Stouffville Animals being held by the Shelter pursuant to HPPA and DOLA shall be quarantined for a period of ten days upon an order issued by the Regional Municipality of York. 9. Fees for all services provided by the Shelter to the public (e.g. adoption, impound fees) save and except for licensing fees, shall be in accordance with Pickering's approved fee schedule as described in By-law 6811/07, as amended. The Shelter shall be responsible for the collection of any fees for services. 10. The Shelter shall retain all fees with regards to redemption, surrender and adoption for all Whitchurch-Stouffville Animals. 11. The Shelter agrees to require all owners claiming a dog from the Shelter to purchase a Whitchurch-Stouffville pet licence as per Whitchurch-Stouffville By- law 2017 -057 -RE and fee structure. 12. The Shelter will remit all fees collected for the sale of Whitchurch-Stouffville pet licences in accordance with Section 11 and all licence information associated therewith to Whitchurch-Stouffville staff on a quarterly basis, or as otherwise agreed to in writing by the Parties. Shelter Fees 13. Whitchurch-Stouffville shall pay to Pickering the Shelter Fees for the year 2019 as set out in this Section, however, Whitchurch-Stouffville acknowledges and agrees that the Shelter Fees set out in this Section reflect the Shelter Fees for the year 2019 only and that Pickering will reasonably determine the Shelter Fees for each successive year of the Term, and any extension term; but shall not be Animal Shelter Agreement Page 3 permitted to increase the Shelter Fees by more than 5% in any successive year. Pickering shall provide not less than ninety (90) days prior written notice to Whitchurch-Stouffville of any change to the Shelter Fees for the next subsequent year of this Agreement and any extension thereof, failing which no change to the Shelter Fees shall be permitted for the given year. Shelter Fees 2019 costs to be as follows: (a) Service Costs: $500/month (b) Per Animal Cost Dog: $200/impound Cat: $100/impound (c) Daily Fee (up to the 6th day) Dog/Cat $20/day Quarantined Animal $20/day (+ daily fee) (plus applicable taxes). 14. Whitchurch-Stouffville shall remit monthly -Shelter Fees to Pickering on the first day of each and every month throughout the Term, and any extension term. 15. Notwithstanding the foregoing, in the event Pickering has designated a replacement animal shelter facility pursuant to Section 19, the Shelter Fees for the designated replacement animal shelter facility shall be determined in accordance with Section 19. Term 16. The term of this Agreement shall commence on January 1, 2019 and end on December 31, 2024 (the "Term"). 17. The parties may mutually agree to extend the Term for [NTD: Extension Term TBD]. Either party shall provide at least 90 days written notice to the other party, given prior to the expiry of the Term, of its request to extend the Term. The other party shall respond in writing within 30 days advising whether it will agree to extend the Term. Any extension term will be subject to the same terms and conditions as herein contained. Failing such mutual agreement to extend the Term, this Agreement shall expire as set out herein. 18. Either party may, in its discretion, terminate this Agreement without cause prior to the expiry of the Term, or any extension term, by providing the other party at least 120 days prior written notice of such termination. Upon termination in Animal Shelter Agreement Page 4 accordance with this provision, neither party shall owe any further obligation to the other, and Whitchurch-Stouffville shall not be liable for any costs or losses incurred by Pickering or the Shelter and/or any third party arising from or in connection with the cancellation or termination of this Agreement. Replacement Shelter Facility 19. Pickering reserves the right, in its discretion, to designate a replacement animal shelter facility by providing Whitchurch-Stouffville at least 120 days prior written notice of such designation. Within 60 days upon receipt of notice, the parties shall mutually agree on the amount of the Shelter Fees to be paid by Whitchurch- Stouffville for the designated replacement animal shelter facility for the remainder of the Term, and any extension term. Notwithstanding the foregoing, the Shelter Fees shall not be Tess than the Shelter Fees payable immediately prior to notice of Pickering's designation of a replacement animal shelter facility. If, within 60 days of receipt of notice, the parties have not agreed to the Shelter Fees and/or Whitchurch-Stouffville does not agree to relocate to the designated replacement animal shelter facility, this Agreement shall terminate 60 days thereafter and neither party shall have any liability to the other as a consequence of such termination. Hours of Operation 20. The Shelter shall provide or exceed the following hours of operation to the public ("regular facility operating hours"): Monday - Friday 10:00 am — 4:00 pm Saturday 10:00 am — 2:00 pm Sunday Closed 21. Whitchurch-Stouffville staff shall have full access to the Shelter facilities 24 hours per day, seven days per week. 22. Whitchurch-Stouffville staff shall be responsible for impounding and following pre -established procedures implemented by Pickering for all animals entering the Shelter outside regular facility operating hours. Indemnity 23. Each of Pickering and Whitchurch-Stouffville shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including Pickering or Whitchurch-Stouffville, as the case may be, or any property by reason of any Animal Shelter Agreement Page 5 wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. Insurance 24. Whitchurch-Stouffville, at its sole cost and expense, shall purchase and keep in force and effect throughout the Term, and any extension term, comprehensive general liability insurance, identifying Pickering as an additional insured, pertaining to Whitchurch-Stouffville's liability to others in respect of injury, death or damage to property occurring upon, in or about the Shelter, with coverage for any one occurrence of claim of not less than $2,000,000.00. Such insurance policy shall not be cancelled unless prior notice by registered letter has been given to Pickering by the insurer 30 days in advance of the expiry date. 25. Whitchurch-Stouffville shall provide to Pickering an insurance certificate, in a form satisfactory to Pickering, completed by Whitchurch-Stouffville's insurance provider confirming such coverage. 26. The provision of the insurance policy required by this Section shall not relieve Whitchurch-Stouffville from liability for claims not covered by the insurance policy or which exceed its limits, if any, for which Whitchurch-Stouffville may be held responsible. 27. Whitchurch-Stouffville shall not do, omit to do, or permit to be done or omitted to be done upon, in or about the Shelter anything that may contravene or be prohibited by any of Pickering's insurance policies in force from time to time covering or relevant to any part of the Shelter or which would prevent Pickering from procuring its policies with companies acceptable to Pickering. If the conduct of Whitchurch-Stouffville upon, in or about the Shelter or any acts or omissions of Whitchurch-Stouffville upon, in or about the Shelter directly causes or results in any increase in premiums for any of Pickering's insurance policies, Whitchurch- Stouffville shall pay such increase to Pickering. Records 28. In accordance with the Animals for Research Act, R.R.O., 1990 Reg. 23(10), the Shelter shall be responsible for maintaining accurate records on behalf of Whitchurch-Stouffville, as directed. 29. Upon request by Whitchurch-Stouffville, the Shelter will provide a detailed activity report with respect to the number of animals impounded, length of time at the shelter and a breakdown of the final disposition of animals. Default 30. If at any time Whitchurch-Stouffville 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 Whitchurch-Stouffville of notice from Pickering setting out the Animal Shelter Agreement Page 6 particulars of such default, Pickering shall have the right to terminate this Agreement. General 31. Whitchurch-Stouffville will be permitted to display a window decal on a front window of the Shelter, as determined by Pickering, for the purpose of advising the public of Whitchurch-Stouffville's use of the Pickering Shelter. The design of such decal will be coordinated jointly by both parties. 32. Pickering shall be responsible for all facility and property maintenance, including cleaning, snow removal, grass cutting, and any required repairs or maintenance to the Shelter. 33. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties. 34. (1) Any notice to Pickering under this Agreement shall be in writing and shall be delivered to the following address: Pickering Civic Complex Attention: City Clerk One The Esplanade Pickering, Ontario L1V 6K7 and any notice to Whitchurch-Stouffville shall be in writing and shall be delivered to the following address: Attention: Manager, Municipal Law Enforcement 111 Sandiford Drive Stouffville, ON L4A OZ8 (2) 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. Animal Shelter Agreement Page 7 35. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. In Witness Whereof Pickering and Whitchurch-Stouffville have signed this Agreement. The Corporation of the City Of The Corporation of the Town of Pickering Whitchurch-Stouffville Per: Per: Per: David Ryan, Mayor Debbie Shields, City Clerk