HomeMy WebLinkAboutAS 01-24Report to Council
Report Number: AS 01-24
Date: September 23, 2024
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Animal Sheltering Agreement Renewal for the Town of Whitchurch-Stouffville -Five-year Term Effective January 1, 2025-File: S-3010-001-24
Recommendation:
1.That Report AS 01-24 regarding the Animal Sheltering Agreement Renewal be received;
2.That the Mayor and City Clerk be authorized to execute the Animal Sheltering Agreement
Renewal with Whitchurch-Stouffville as set out in Attachment 1 to this report for a further5-year term commencing January 1, 2025 and ending December 31, 2030, subject tosuch revisions as are acceptable to the Director, Corporate Services & City Solicitor orAssociate Solicitor; and
3.That appropriate City of Pickering officials be authorized to take the actions necessary to
implement the recommendations in this report.
Executive Summary: The purpose of this report is to renew the Animal Sheltering
Agreement allowing Animal Services to continue to provide sheltering services for The Corporation of the Town of Whitchurch-Stouffville for an additional five-year term effective January 1, 2025 and ending December 31, 2030.
Since 2019, Pickering Animal Services has been the sole animal sheltering facility for The
Town of Whitchurch-Stouffville. Of the 2,478 animals housed at the shelter, 449 of those were
from Stouffville. Staff from the Town of Whitchurch-Stouffville are very appreciative of the existing partnership and are pleased with the professional care and attention that Pickering Animal Services provides to their animals and residents. Stouffville staff have been consulted on the minor changes to this Animal Sheltering Agreement and look forward to working with
the City for another five years.
Animal Services recommends that the renewal Animal Sheltering Agreement set out in Attachment 1 of this report, be initiated with the Town of Whitchurch-Stouffville for a five-year term beginning January 1, 2025 and ending December 31, 2030.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Building New
Partnerships.
AS 01-24 September 23, 2024
Subject: Animal Sheltering Agreement Renewal for the Town of Whitchurch-Stouffville Page 2
Financial Implications: The fees set out in the Animal Sheltering Agreement are divided
into guaranteed (monthly service costs) and variable (per animal cost) and the income
will be reflected in the Animal Services annual operating account.
Based on revenues received over the past five years, the estimated total revenue from the Town of Whitchurch Stouffville is expected to be $32,000.00 per year, equaling $160,000.00
total over the five-year term.
Discussion: The purpose of this report is to renew the Animal Sheltering Agreement
with The Corporation of the Town of Whitchurch Stouffville for a five-year term beginning
January 1, 2025 and ending December 31, 2030.
On September 17, 2018, Council approved Resolution #473/18 authorizing the execution of an agreement with the Town of Whitchurch Stouffville for Animal Services to provide sheltering
services for their animals. The current Agreement is set to expire on December 31, 2024, and
therefore staff are seeking approval from Council to enter into an agreement renewal for a five-year term beginning January 1, 2025 and ending December 31, 2030.
Staff have consulted with staff from the Town of Whitchurch Stouffville in the preparation of the draft Animal Sheltering Agreement and they are agreeable to its terms. Whitchurch-Stouffville
recognizes that our current site is temporary and continues to see this partnership as a long-
term arrangement, with a keen interest in moving to the new facility when the time comes.
As such, Animal Services recommends that an Animal Sheltering Agreement be initiated for the Town of Whitchurch-Stouffville for animal services to continue to shelter their animals as set out in Attachment 1 for a five-year term beginning January 1, 2025 and ending December
31, 2030.
Attachment:
1.Draft Animal Shelter Agreement with the Town of Whitchurch-Stouffville (revised)2.Draft Animal Shelter Agreement with the Town of Whitchurch-Stouffville (clean)
Prepared By: Approved/Endorsed By:
Lindsey Narraway Paul Bigioni Supervisor, Animal Services Director, Corporate Services & City Solicitor
Original Signed By:Original Signed By:
AS 01-24 September 23, 2024
Subject: Animal Sheltering Agreement Renewal for the Town of Whitchurch-Stouffville Page 3
LN:ks
Recommended for the consideration of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:
THIS AGREEMENT is made as of December 1xxxx, 202418
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, PickeringBrougham,
ON L1Y 0A7L0H 1A0, or such replacement animal shelter facility as
designated by Pickering in accordance with Section 2319.
(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 will house domestic animals, including cats, dogs and small animals.
3. The Shelter shall feed, shelter and care for all Whitchurch-Stouffville Animals in
accordance with all applicable legislation.
4. Stray small animals may be impounded at the Shelter on a case by case basis at
the discretion of Shelter staff.
Attachment 1 to Report AS 01-24
Animal Shelter Agreement Page 2
5. Feral cats and kittens may be impounded at the Shelter on a case by case basis
at the discretion of Shelter staff.
6. 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.
7. 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.
8. Section 65 does not apply to Whitchurch-Stouffville Animals being held by the
Shelter under protective custody or 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.
9. Whitchurch-Stouffville shall be responsible for any veterinary or euthanasia costs
associated with Whitchurch-Stouffville Animals being held under Protective
Custody.
10. Pursuant to court proceedings under Dog Owners’ Liability Act, R.S.O. 1990, c.
D.16, If the shelter is at capacity, Whitchurch-Stouffville will be responsible for
any external costs to the Shelter as a result of having to house animals at
another facility. Any alternative facility used to house animals must be approved
by the Town of Whitchurch-Stouffville, prior to the animal being transferred.
8.11. 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.
9.12. 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.
10.13. 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.
11.14. The Shelter shall retain all fees with regards to redemption, surrender and
adoption for all Whitchurch-Stouffville Animals.
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Formatted: List Paragraph, No bullets or numbering
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Animal Shelter Agreement Page 3
12.15. 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.
13.16. The Shelter will remit all fees collected for the sale of Whitchurch-Stouffville pet
licences in accordance with Section 1511 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
14.17. 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 2025 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 permitted to increase the Shelter Fees by more than 2%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: $560.21500/month
(b) Per Animal Cost Dog: $220200/impound
Cat: $12000/impound
Small Animal: $ 50/impound (no
daily fee)
(c) Daily Fee (up to the 6th day) Dog/Cat $3020/day
Quarantined Animal $20/day (+ daily fee)
(plus applicable taxes)
15.18. 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.
19. Notwithstanding the foregoing, in the event Pickering has designated a
replacement animal shelter facility pursuant to Section 2319, the Shelter Fees for
the designated replacement animal shelter facility shall be determined in
accordance with Section 2319.
Commented [LN1]: This had been going up 2.5% yearly. 2025 is expected to increase by 2% to $560.21 monthly
Commented [LN2]: As per Sept 2022 memo - daily care has
been $25 per day.
Formatted: List Paragraph, No bullets or numbering
Animal Shelter Agreement Page 4
16.
Term
17.20. The term of this Agreement shall commence on January 1, 2019 2025 and end
on December 31, 2024 2030 (the “Term”).
18.21.
The parties may mutually agree to extend the Term for an additional 5 years. 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 unless
otherwise agreed to by the parties. Failing such mutual agreement to extend the Term,
this Agreement shall expire as set out herein.
19.22. 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 180120 days prior written notice of such termination. Upon termination in
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
20.23. 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 less 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
21.24. The Shelter shall provide or exceed the following hours of operation to the public
(“regular facility operating hours”):
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Formatted: Normal
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Animal Shelter Agreement Page 5
Monday - Friday 10:00 am – 4:00 pm
Saturday 10:00 am – 2:00 pm
Sunday Closed
22.25. Whitchurch-Stouffville staff shall have full access to the Shelter facilities 24 hours
per day, seven days per week.
23.26. 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
24.27. 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, or any animal being
sheltered, by reason of any 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
25.28. 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 to be
for not less than $2,000,000.00 per occurrence or loss. 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.
26.29. 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.
Animal Shelter Agreement Page 6
27.30. 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.
28.31. 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
29.32. 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.
30.33. 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
31.34. 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
particulars of such default, Pickering shall have the right to terminate this
Agreement.
General
32.35. 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.
33.36. 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.
Animal Shelter Agreement Page 7
34.37. No amendment to this Agreement shall be effective unless it is in writing and
signed by both parties.
35.38. (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 0Z8
(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.
36.39. 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 PICKERING
THE CORPORATION OF THE TOWN
OF WHITCHURCH-STOUFFVILLE
Per:_____________________________
Kevin Ashe, MayorDavid Ryan, Mayor
Per:_____________________________
Per:_____________________________
Susan Cassel, City Clerk Debbie Shields,
City Clerk
Animal Shelter Agreement Page 8
THIS AGREEMENT is made as of , 2024
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 operationincluding staff and maintenance costs required in conjunction with theShelter; and
(b)“Shelter” means the facility operated as The Pickering Animal Shelter onthe property municipally known as 1688 Highway 7, Pickering, ON, L1Y0A7, or such replacement animal shelter facility as designated byPickering in accordance with Section 23.
(c)“Whitchurch-Stouffville Animals” means the stray dogs, cats and smallanimals (such as domestic rabbits, guinea pigs, birds, reptiles, etc.)delivered by Whitchurch-Stouffville staff to the Shelter;
Sheltering Services
2.The Shelter will house domestic animals, including cats, dogs and small animals.
3.The Shelter shall feed, shelter and care for all Whitchurch-Stouffville Animals in
accordance with all applicable legislation.
4.Stray small animals may be impounded at the Shelter on a case-by-case basis atthe discretion of Shelter staff.
Attachment 2 to Report AS 01-24
Animal Shelter Agreement Page 2
5. Feral cats and kittens may be impounded at the Shelter on a case-by-case basisat the discretion of Shelter staff.
6. Once Whitchurch-Stouffville Animals are impounded by the Shelter, the Shelter
shall be responsible for the health and wellbeing of the Whitchurch-StouffvilleAnimals, including any costs incurred for veterinary services required.
7. Redemption, surrenders, adoption and euthanasia for all Whitchurch-Stouffville
Animals shall be in accordance with policies and procedures established by theShelter. Upon execution of this Agreement, and as revised or amended duringthe term of this Agreement, the Shelter agrees to provide copies of all applicablepolicies and procedures to Whitchurch-Stouffville.
8. Section 6 does not apply to Whitchurch-Stouffville Animals being held by the
Shelter under protective custody or pursuant to the provisions of the Health
Protection and Promotion Act, R.S.O. 1990 c. H.7 (“HPPA”) and any regulationspassed under it, and the Dog Owners’ Liability Act, R.S.O. 1990, c. D.16(“DOLA”) and any regulations passed under it.
9.Whitchurch-Stouffville shall be responsible for any veterinary or euthanasia costsassociated with Whitchurch-Stouffville Animals being held under ProtectiveCustody.
10.Pursuant to court proceedings under Dog Owners’ Liability Act, R.S.O. 1990, c.
D.16, If the shelter is at capacity, Whitchurch-Stouffville will be responsible forany external costs to the Shelter as a result of having to house animals atanother facility. Any alternative facility used to house animals must be approvedby the Town of Whitchurch-Stouffville, prior to the animal being transferred.
11.Whitchurch-Stouffville shall be responsible for an additional daily impound fee of$20.00 per animal and any veterinary or euthanasia costs associated withWhitchurch-Stouffville Animals being held by the Shelter pursuant to HPPA andDOLA.
12.Whitchurch-Stouffville Animals being held by the Shelter pursuant to HPPA andDOLA shall be quarantined for a period of ten days upon an order issued by theRegional Municipality of York.
13.Fees for all services provided by the Shelter to the public (e.g. adoption, impoundfees) save and except for licensing fees, shall be in accordance with Pickering’sapproved fee schedule as described in By-law 6811/07, as amended. TheShelter shall be responsible for the collection of any fees for services.
14.The Shelter shall retain all fees with regards to redemption, surrender and
adoption for all Whitchurch-Stouffville Animals.
Animal Shelter Agreement Page 3
15. 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.
16. The Shelter will remit all fees collected for the sale of Whitchurch-Stouffville pet licences in accordance with Section 15 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 17. Whitchurch-Stouffville shall pay to Pickering the Shelter Fees 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 2025 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 permitted to increase the Shelter Fees by more than 2% 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
Costs to be as follows:
(a) Service Costs: $560.21/month
(b) Per Animal Cost Dog: $220/impound
Cat: $120/impound
Small Animal: $ 50/impound (no daily
fee)
(c) Daily Fee (up to the 6th day) Dog/Cat $30/day
Quarantined Animal $20/day (+ daily fee)
(plus applicable taxes)
18. 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.
19. Notwithstanding the foregoing, in the event Pickering has designated a replacement animal shelter facility pursuant to Section 23, the Shelter Fees for the designated replacement animal shelter facility shall be determined in accordance with Section 23.
Animal Shelter Agreement Page 4
Term
20.The term of this Agreement shall commence on January 1, 2025 and end on
December 31, 2030 (the “Term”).
21.The parties may mutually agree to extend the Term for an additional 5 years.Either party shall provide at least 90 days written notice to the other party, givenprior 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 theTerm. Any extension term will be subject to the same terms and conditions asherein contained unless otherwise agreed to by the parties. Failing such mutualagreement to extend the Term, this Agreement shall expire as set out herein.
22.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 atleast 180 days prior written notice of such termination. Upon termination inaccordance with this provision, neither party shall owe any further obligation tothe 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
23.Pickering reserves the right, in its discretion, to designate a replacement animal
shelter facility by providing Whitchurch-Stouffville at least 120 days prior writtennotice of such designation. Within 60 days upon receipt of notice, the partiesshall 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 less than the Shelter Fees payable immediately prior to noticeof Pickering’s designation of a replacement animal shelter facility. If, within 60days of receipt of notice, the parties have not agreed to the Shelter Fees and/orWhitchurch-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 suchtermination.
Hours of Operation
24. 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
25.Whitchurch-Stouffville staff shall have full access to the Shelter facilities 24 hoursper day, seven days per week.
Animal Shelter Agreement Page 5
26.Whitchurch-Stouffville staff shall be responsible for impounding and followingpre-established procedures implemented by Pickering for all animals entering the
Shelter outside regular facility operating hours.
Indemnity
27.Each of Pickering and Whitchurch-Stouffville shall indemnify and save harmless
the other from and against any and all actions, losses, damages, claims, costsand expenses (including solicitors' fees on a solicitor and client basis) to whichthe 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, termor provision of this Agreement or by reason of any damage, injury or death
occasioned to or suffered by any person or persons including Pickering orWhitchurch-Stouffville, as the case may be, or any property, or any animal beingsheltered, by reason of any wrongful act, neglect or default on the part of theparty so indemnifying or any of those persons for whom it is in law responsible.
Insurance
28.Whitchurch-Stouffville, at its sole cost and expense, shall purchase and keep inforce and effect throughout the Term, and any extension term, comprehensivegeneral liability insurance, identifying Pickering as an additional insured,
pertaining to Whitchurch-Stouffville’s liability to others in respect of injury, deathor damage to property occurring upon, in or about the Shelter, with suchinsurance to be for not less than $2,000,000.00 per occurrence or loss. Suchinsurance policy shall not be cancelled unless prior notice by registered letter hasbeen given to Pickering by the insurer 30 days in advance of the expiry date.
29.Whitchurch-Stouffville shall provide to Pickering an insurance certificate, in aform satisfactory to Pickering, completed by Whitchurch-Stouffville’s insuranceprovider confirming such coverage.
30.The provision of the insurance policy required by this Section shall not relieve
Whitchurch-Stouffville from liability for claims not covered by the insurance policyor which exceed its limits, if any, for which Whitchurch-Stouffville may be heldresponsible.
31.Whitchurch-Stouffville shall not do, omit to do, or permit to be done or omitted tobe done upon, in or about the Shelter anything that may contravene or beprohibited by any of Pickering’s insurance policies in force from time to timecovering or relevant to any part of the Shelter or which would prevent Pickeringfrom 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 ofWhitchurch-Stouffville upon, in or about the Shelter directly causes or results inany increase in premiums for any of Pickering’s insurance policies, Whitchurch-Stouffville shall pay such increase to Pickering.
Animal Shelter Agreement Page 6
Records
32.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 ofWhitchurch-Stouffville, as directed.
33.Upon request by Whitchurch-Stouffville, the Shelter will provide a detailed activityreport with respect to the number of animals impounded, length of time at the
shelter and a breakdown of the final disposition of animals.
Default
34.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 thereceipt by Whitchurch-Stouffville of notice from Pickering setting out theparticulars of such default, Pickering shall have the right to terminate thisAgreement.
General
35.Whitchurch-Stouffville will be permitted to display a window decal on a frontwindow of the Shelter, as determined by Pickering, for the purpose of advisingthe public of Whitchurch-Stouffville’s use of the Pickering Shelter. The design of
such decal will be coordinated jointly by both parties.
36.Pickering shall be responsible for all facility and property maintenance, includingcleaning, snow removal, grass cutting, and any required repairs or maintenanceto the Shelter.
37.No amendment to this Agreement shall be effective unless it is in writing andsigned by both parties.
38.(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, ON 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 0Z8
Animal Shelter Agreement Page 7
(2)Notice shall be sufficiently given if delivered in person or sent by registeredmail or sent by facsimile transmission during normal business hours on abusiness day.
39.This Agreement shall enure to the benefit of and be binding upon the partiesand their respective successors (including any successor by reason ofamalgamation or statutory arrangement) and permitted assigns.
IN WITNESS WHEREOF Pickering and Whitchurch-Stouffville have signed this
Agreement.
THE CORPORATION OF THE CITY OF
PICKERING
THE CORPORATION OF THE TOWN
OF WHITCHURCH-STOUFFVILLE
Per:_____________________________ Kevin Ashe, Mayor Per:_____________________________
Per:_____________________________ Susan Cassel, City Clerk