HomeMy WebLinkAbout04 108 agreement animal control
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 -108
A BYLAW TO AUTHORIZE THE SIGNING OF A CONTRAC WITH ROBERT
J. MCKAY FOR THE PROVISION OF ANIMAL CONTROL D BY-LAW
ENFORCEMENT SERVICES FOR THE MUNICIPALITY 0 KINCARDINE
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WHEREAS Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c 25 provides that
lower-tier municipalities may pass by-laws within the sphere of jurisdict on of animals;
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 200 , c. 25 bestows
municipalities with the capacity, rights, powers and privileges of a nat ral person for the
purpose of exercising its authority;
AND WHEREAS Section 15 of the Police Services Act, 1990, c.P. ~5 provides that "a
municipal council may appoint persons to enforce the by-laws of th municipality and
municipal law enforcement officers are peace officers for the pu ose of enforcing
municipal by-laws". I
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AND WHEREAS the Council for The Corporation of the MuniCiPpity of Kincardine
deems it advisable to enter into a contract with Robert J. McKay f r the provision of
animal control and by-law enforcement services and that Robert J. Mc y be designated
a provincial offences officer for the Municipality of Kincardine;
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NOW THEREFORE the Council for The Corporation of the MuniciPblity of Kincardine
ENACTS as follows: I
1. That the Corporation of the Municipality of Kincardine enter in 0 a contract with
Robert J. McKay for the provision of animal control and by-law en orcement services
for the Municipality.
2. That Robert J. McKay be designated as a Provincial Offenc Officer for the
Municipality of Kincardine.
3. That the Mayor and CAO be authorized to sign, on behalf of The Corporation of the
Municipality of Kincardine the contract with Robert J. McKayatt hed to this by-law
as Schedule "A".
3. . This By-law shall come into full force and effect upon its final pass ge.
4. This By-law may be cited as the "Animal Control and By-law En orcement Services
(McKay) Contract, By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE P SSED this 7th day
of July, 2004. )
~k
Mayor '
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SCHEDULE 'A'
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THIS CONTRACT, Made in triplicate, thisÎ day ofJ"L'f' 2004.
BETWEEN:
THE MUNICIPALITY OF KINCARDINE
herein referred to as "the Municipality"
-and-
ROBERT J. MCKAY
herein referred to as "the Contractor"
WHEREAS the Municipality is desirous of arranging for the provision of animal control
and by-law enforcement services for its residents to be offered by a provider independent
of the Municipality;
AND WHEREAS the Contractor has offered to provide the necessary equipment and
provide all services required by the Municipality for the purposes of offering to its
residents the provision of animal control and by-law enforcement services;
NOW THEREFORE WITNESSETH in consideration of the recitals, the covenants
contained herein, and the sum of Two Dollars ($2.00) mutually exchanged between the
parties, receipt whereof is hereby acknowledged, the Parties hereto agree as follows:
1.0 DEFINmONS:
For the purposes of this Contract:
1.1 ·Councir means the Council of the Municipality
1.2 "Building and Planning Manager" means the Building and Planning Manager
of the Municipality of Kincardine, or any person duly appointed by Council to
act in her absence and on her behalf for the purposes of this Contract or
generally.
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Animal Con1ro1 & By-law Enforcement Contract
Page 2 of 6
1.3 "Emergency Service" means responding to calls:
(a)
Advising of an injured dog in a public place or a location other
than that of its owner:
(b) Advising that a dog is running at large and has bitten or poses a
threat to humans, livestock or domestic animals;
(c) From a police officer, resident; or; municipal employee advising
of a dog acting in a manner that could indicate infection by rabies.
2.0 SERVICES TO BE PROVIDED
The contractor shall provide to the municipality all services required to operate an
anima1 control system for the municipality and without limiting the generality of
the foregoing, agrees to:
2.1
Maintain an operating base where routine calls can be received between at
least the hours of 0800 to 1800 hours seven days per week including
statutory holidays;
2.2 Patrol the geographical area of the municipality to fulfill the duties under
this contract for a minimum of two patrols per month from November 1 -
March 30 and four patrols per month from April 1 - October 31 for the
purpose of seeking out dogs running at large and to remove to a location
approved by the municipality. Should subsequent investigation determine
the owner of such dog, and indicate that there has been a breach of any of
the municipal bylaws or other relevant provincial or federal statutes or
regulations, then to take the action set out in sub-paragraphs (a) and (b)
under Section 2.6. For the purpose of such patrol the Contractor shall
make available a patrol vehicle
2.3
Provide emergency service on a twenty-four hour basis through a
telephone service, either the Contractor's own telephone service, or a
private telephone answering service. The telephone service shall be
accessible by all residents within the geographical area of the municipality
without long distance charges.
2.4
Provide "24 hours a day" emergency service to cover all emergencies,
including but not limited to rabies calls, severe dog bites or attacks,
injured dog calls - other emergency calls at the discretion of senior staff.
2.5 Maintain records of all animals "picked-up" and the ultimate disposal or
completion of each case.
2.6 Investigate all complaints from municipal staff, the police or residents of
the municipality of any stray dogs running at large in the municipality.
Should the investigation reveal a breach of any of the by-laws of the
municipality then the Contractor shall:
(a) utilize the best possible effort to remove such dogs to such
locations approved by the municipality.
(b)
assist in the laying an information with respect to the bylaw and
attend to give evidence on the prosecution for the offence, should
prosecution proceed.
2.7 Provide to the Building and Planning Manager a monthly Report, in a
form satisfactory to the Building and Planning Manager, of all of the
Animal Con1ro1 & By-law Enforcement Contract
Page 3 of 6
activities of the Contractor for that period. Such Report to be submitted
prior to the third Thursday of each month.
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2.8 The Contractor shall use his best effort to require of all owners of dogs
which the Contractor determines are unlicensed, to purchase the required
license prior to return of such unlicensed dog to the owner.
2.9 As part of the patrols conducted under the terms of this contract, or by way
of special direction and request from the municipality to enforce the
municipal traffic and parking bylaws by issuing parking violation tickets
provided by the municipality. Such tickets are only to be issued by the
persons who have been authorized to do so by appointment as Municipal
By-law By-law Enforcement Officers, such appointment to be made by
bylaw of the municipality.
2.9.1. Such patrols to be carried out in Ward 1 on a weekly basis of up to
7 hours total for the issuance of violation tickets and the
administrative function thereof; and, in Ward 2 and Ward 3 for a
period of up to 2 hours per week for the issuance of violation
tickets and the administrative function thereof.
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2.1 0 To do all things necessary to enforce the following municipal by-laws:
(1) Property Standards;
(2) Hawkers & Peddlers;
(3) Traffic & Parking;
(4) Food Vending Carts;
(5) Refreshment Vehicle Licensing;
(6) Sidewalk Vending;
(7) Anima1 Control By-laws;
(8) Others as may be required, all as amended from time to time by the
municipality.
3.0 PAYMENT:
For the provision of all of the services set out above:
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3.1 The Municipality shall pay to the Contractor an hourly rate of $14.85
for Winter and Summer Patrols and By-law Enforcement.
3.2 The Municipality shall pay an emergency fee of $60.00 plus applicable
taxes for emergency services re injured dog/animal calls, biting incidents
requiring quarantine procedures, and picking up stray dogs.
3.3 It will be the practice of the municipality to conduct a "dog tag sales
blitz" in each Ward, from time to time.
3.4 The Contractor shall be paid at the current municipal ruileage rate for
travel incurred during the course of fulfilling the services heretofore noted.
3.5 The Contractor shall be paid an admiuistration fee of $120.00 per month.
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3.6 All payments to the Contractor shall be made out of funds under the
control of the Municipality in its public capacity and no member of
Council, nor any officer or employee of the Municipality is to be held in
any way personally liable or responsible to the Contractor in any manner
whatsoever.
Animal Con1ro1 & By-law Enforcement Contract
Page 4 of 6
4.0 EMPLOYEES OF THE CONTRACTOR.
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4.1
While the Contractor shall be responsible for maintaiuing all obligations
under this Contract under his personal control the Contractor shall be at
liberty to employ such subcontractors, agents or employees (herein
collectively referred to as "Contractor's staff') as the Contractor deems
necessary to complete all obligations under this contract, provided that
prior to employment of any such staff, the Contractor obtains the consent
of the Municipality expressed by by-law. It is specifically agreed that the
granting of such consent does not in any way relieve the Contractor of his
personal liability under this contract, or his personal responsibility for the
fulfillment of each and every term thereof Notwithstanding the
employment of such staff the Contractor shall in person or through an
accredited agent (notice of whom shall be given to the Municipality)
receive all notices, communications, orders, instructions or legal service.
4.2 The Contractor shall only employ staff:
,
(a)
who are fully trained and qualified for any animal control and
municipal by-law enforcement duties that they may be required to
undertake,
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(b) if required to operate a motor vehicle for the purpose of the
service provisions under this contract, such staff shall hold a valid
driver's license which must remain in good standing during all
times that such staff complete duties under this Contract; and,
(c) staff who have been duly appointed, and remain appointed as
Municipal Law Enforcement Officers. by by-law of Council.
4.3 The Contractor shall supply to the Building and Planning Manager a list of
all staff who are working or who the Contractor intends to have work on
his behalf to complete services under this contract, and the telephone
number of such staff, and the particular duties that they are to perform. In
the event that such staff hold an F.A.C, license, the Building and Planning
Manger shall be provided with a copy of the license showing the license
number.
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4.4 The Contractor shall at all times pay, or cause to be paid, any assessment
or compensation required to be paid for his staff pursuant to the Workers'
Compensation Act, and upon failure to do so the municipality may pay
such assessment or compensation on behalf of the Contractor and shall
deduct or collect such expenses under the terms of this Contract.
4.5 The Contractor shall ensure that while providing any services required to
fulfill this contract, he shall comply at the minimum with the Occupational
Health and Safety Act, and municipal Health and Safety Policies and any
other applicable Health and Safety Legislation.
4.6 The Contractor shall provide an identifYing uniform and a name tag and a
generic form of "municipal by-law enforcement" crest, including words to
indicate that himself and such staff is employed privately and providing
services on behalf of the municipality. The form of such identification
shall be approved by the muuicipality.
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Animal Con1ro1 & By-law Enforcement Contract
Page 5 of 6
5.0 EQUIPMENT:
5.1
The contractor shall provide at his expense and risk, all the necessary
vehicles, equipment and materials required to fully provide the services
set out in Paragraph 2.0 herein without limiting the generality of the
foregoing including communication equipment to allow contact with
appropriate municipal officials.
6.0 TERM:
6.1 This agreement shall come into full force and effect and be binding on all
parties July 8, 2004 to December 31, 2005
6.2 This Contract may be terminated within 90 days written notice by either
party.
7.0 INSURANCE
7.1
The Contractor shalI carry a policy, under a comprehensive form to insure
automobile liability for the vehicle of himself and any of the Contractor's
staff providing the services under this contract. The policy shall cover all
operations and shall have limits of not less than two million dollars
(2,000,000) inclusive of bodily injury, liability and property damage
liability.
7.2 The Municipality shall carry on behalf of the contractor a comprehensive general
liability policy to cover Animal Control and By-Law Enforcement operations for
the Municipality of Kincardine, in addition to any other policies required, with
limits of at least two million dollars ($2,000,OOO) to cover bodily injury, liability
and property damage.
8.0 NOTICE
8.1
Any notice required or permitted to be given for the purposes of this
contract shall be in writing and shall be deemed sufficiently given if
personally delivered or delivered by registered mail as follows:
Municipality
Municipality of Kincardine
1475 Concession 5
RR5
Kincardine, Ontario
N2Z 2X6
Contractor
Robert J. McKay
814 Lake Range Drive, RR1
Kincardine, Ontario
N2Z2X3
Attention:
Michele Barr
Building and Planning Manager
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Animal Con1ro1 & By-law Enforcement Contract
Page 6 of 6
9.0 CONTRACT BINDING
9.1 This contract shall inure to the benefit of and be binding upon the
municipality, its successors and assigns.
9.2 This contract shall further inure to the benefit of and be binding upon the
Contractor herein, his heirs, executors, successors and assigns.
9.3 In the event that any court of competent jurisdiction declares any section
of this contract to be void or ultra-vires, every other section shall be
deemed to still be in effect and binding between the parties.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested
by the hands of its Mayor and CAO this day of 2004. The CONTRACTOR has
hereunto set his hands this day of , 2004.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
per: ß1b ¡(_~
Mayor - GLENN R. SUTTON
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~} - )... ;2 r<^¡R ^^" 41
) 0 - JOHN deROSENROLL
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per: ;i?-Æ 9~ý¿~
ROBERTJ.MCKAY