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HomeMy WebLinkAboutCSD-14-040 - Contract Services with KW Humane Society Staff Report I rTC'.�► t .R Community Services Department wmkitcheneaa REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: August 11, 2014 SUBMITTED BY: Shayne Turner, Director of By-law Enforcement (519-741- 2200, ext. 7753) PREPARED BY: Shayne Turner, Director of By-law Enforcement (519-741- 2200, ext. 7753) WARD(S) INVOLVED: All DATE OF REPORT: July 25, 2014 REPORT NO.: CSD-14-040 SUBJECT: CONTRACT SERVICES WITH KW HUMANE SOCIETY RECOMMENDATION: That the Mayor and City Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Kitchener-Waterloo and North Waterloo Humane Society, for the provision of animal control, pound, dog licensing, and animal by-law enforcement services, as well as the animal spay- neuter program; and further, That staff be authorized to provide an annual honorarium to the Human Animal Vulnerability Coalition of Waterloo Region, subject to budget availability and not to exceed $5,000 in any year. BACKGROUND: The City of Kitchener has a long standing relationship with the KW Humane Society (KWHS), by way of agreements to provide for animal control, pound services, dog licensing, and animal by-law enforcement services, as well as spay and neuter programs. For many years, our agreements have been 3 party agreements, which include the City of Waterloo. In June of 2012, Council adopted staff's recommendation in Report No. CSD-12-085, providing for a 2 year extension to the 2011 contract. As such, the current contract expired at the end of 2013 and this report discusses the negotiations towards a new contract. Both the City and KWHS have agreed to continue applying the terms of the expired contract while progress was being made in the current negotiations. REPORT: The financial structure of the City's past contracts with KWHS is based on a base amount, paid to KWHS, which is typically subject to inflationary adjustments year over year and a revenue sharing arrangement with respect to dog licensing fees. Services performed by KWHS include: Provision of a Pound facility and performance of legislated Poundkeeper duties in accordance with by-laws and legislation - Provision of by-law enforcement services pertaining to the City's by-laws regarding dogs and animals including the designations of potentially dangerous, dangerous, and prohibited dogs (it should be noted that the City's By-law Enforcement Division also provides by-law enforcement services); - Inspections of exhibitions/circuses involving animals, pet shops, kennels, boarding kennels, and doggy daycares pursuant to applicable by-laws; - Catching and impounding of stray dogs, picking up stray cats, and picking up injured or dying wild and domestic animals; - Removing and disposing of dead animals from public places; - Assisting the Fire Department and Waterloo Regional Police Services in capturing, removing, and sheltering domestic animals; - Assisting to the City in creation or refinement of by-laws respecting animals; - Keeping records in accordance with standards set out in the Agreement and provincial legislation; - Administering the City's dog licensing by-law program, based on a revenue sharing model (details to be discussed later in this report); and - Administering the spay and neuter program contributed to by the City (details to be discussed later in this report). For many years, the agreement was a tri-party agreement which included the City of Waterloo. However, as a result of some restructuring in that city, responsibility for monitoring this agreement changed areas. Subsequently, it was decided that each city would negotiate and enter into separate agreements with the KWHS. Staff and the KWHS are proposing a 4 year agreement, from 2014 to 2017. It is hoped that subsequent agreements would follow a similar 4 year pattern. In doing so, the contract negotiations would avoid the municipal election year and the potential "lame duck" Council situations that can occur, given the associated dollar values contained in the agreements. Base Contract Amount Staff and the KWHS are proposing an agreement that would not see an increase in the base amount paid to KWHS, currently set at 505,053. Dog Licensing Program For as many years as anyone can remember, our agreement with the KWHS required them to administer the City's dog licensing program, including a revenue sharing model. As part of the last agreement, the model was restructured to provide a greater financial incentive for the KWHS to expend resources on growing the licensing program. The current model provides a distinct financial incentive for growth, while at the same time providing a guaranteed revenue stream for the City. The model for the new agreement, as presented by the KWHS and agreed upon by staff, will see the minimum revenue guarantee, payable to the City, increased slightly to $209,335. Then, where the total amount of revenue collected each year exceeds an annual prescribed limit, the City and the KWHS will split the amount exceeding the limit evenly on a 50% each basis. Further and more specific details are provided in the Financial Implications section of this report. Staff also advise that this proposed cost sharing structure will also apply in future situations if or where any new source of licensing revenue is identified. Spay/Neuter Programs For many years, the City has provided $30,000 annually for a subsidy program relating to pets adopted from the KWHS. The aim of the program is to encourage people to have pets adopted from the Humane Society sterilized as a means of controlling animal populations. The older and outdated voucher system has been discontinued, in favour of a process whereby the KWHS can ensure that every possible animal owned by them is sterilized before leaving its care. There will be no increase in the $30,000 of funding the City currently provides, however the overall goal of the program is significantly enhanced. As animals are now altered while owned by the KWHS, they can also benefit from lower rates based on their volume than an average pet owner would obtain. This enables the money contributed by the City to go further allowing more animals to be sterilized with these funds while substantially decreasing the administrative burden on the Humane Society. This also allows the Humane Society and the City to lead by example in modelling responsible pet ownership. The Humane Society will continue to be required by our agreement to contribute a minimum of $90,000 annually to this program although we understand that their actual contribution will greatly exceed this amount. Responsible Pet Ownership Strategy In January of 2013, the KWHS made a presentation to Council, through Report CSD- 13-010. The presentation focused on the animal control challenges facing the KWHS, the City and the community. As a result, the following recommendation, as contained in the report was adopted: "That City staff work in collaboration with the Kitchener-Waterloo Humane Society and the City of Waterloo, where appropriate, to develop a Responsible Pet Ownership Strategy, and report to Council at a future Council meeting." Discussions between the 2 cities and KWHS began in the spring of last year. Due to the reassignment of the responsibilities at the City of Waterloo, and their subsequent review of animal control services in general, the 3 party discussions were set aside for a period of time. Having said this, the group is moving forward and are now planning to include the City of Cambridge staff and the Cambridge Humane Society in the discussions. The existing animal control challenges are not unique to any one municipality in this Region, or Ontario for that matter. To date, the discussions and research have identified some short term and long term ideas. The group plans to develop a public consultation approach to engage the public and identified stakeholders and table the ideas identified to date. We will also remain open to any new ideas brought forward from the public which have not yet been identified. Some of the ideas currently identified, and forming the basis of public consultation, include- - Looking at regulations relating to the sale of animals through pet stores- - Amendments to harmonize the City's by-law with the animal cruelty regulations contained in the Ontario Society for the Prevention Cruelty to Animals legislation (thereby increasing the number of enforcement staff available in our cities to respond to such issues); - Methods to require the registration and identification of cats, as a means of increasing the number of cats that are returned to their owners and decreasing the costs associated with the harbouring of cats at the KWHS shelter; and - Simplifying the dog licensing fee structure to look at license renewals from the date of purchase versus all renewing on the same date. Staff anticipate coming back to Council with a report, once some of the ideas identified are ready for Council's consideration and implementation Human Animal Vulnerability Coalition of Waterloo Region The KWHS is now participating in a relatively new initiative, involving several social service agencies across the Region, which City staff believe contributes to the overall "responsible pet ownership strategy". The fundamental purpose of the HAV Coalition is "To maximize the capacity, efficiency and effectiveness of the programs, services and systems supporting at risk individuals, families and their pets through collective efforts." A copy of the Coalition's Terms of Reference is attached to this report. Staff are proposing to have the City join the Coalition and are seeking approval to support the Coalition through an annual donation, only when and where it can be accommodated through the existing budget allocation. It is important to note that this proposal will not require any new source of funding over existing allocations. Further details are provided in the Financial Implications section of this report. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Approval of this contract supports the Community Priorities of Quality of Life, as contained in the City's Strategic Plan. FINANCIAL IMPLICATIONS: Staff have negotiated a contract that does not call for an increase in the base amount of the contract, currently at $505,053. Also, there is no increase in the $30,000 designated for the spay/neuter program. The financial incentive for KWHS lies in the dog licensing program and their ability to grow the program and increase the number of licenses issued year over year. The proposed structure would see the City receive a guaranteed minimum revenue stream of $209,335 for each of the 4 years of the term. Where the total amount of revenue collected each year exceeds an annual prescribed limit, the City and the KWHS will split the amount exceeding the limit evenly on a 50% each basis. The annual prescribed limits are listed below: 2014 $665,000 2015 $712,000 2016 $737,000 2017 $760,000 For illustration purposes, assuming that the total licensing revenue collected does not exceed the prescribed limit in any of the 4 years the financial implications for each year would remain constant as indicated below: Base Amount $505,053 Spay/Neuter Subsidy $30,000 Less minimum licensing $209,335 revenue guarantee Net budget impact $325,718 Staff advise that the financial arrangements as indicated above can be met within the existing budget allocation such that no new funds would be required for the term of the contract. Further, staff advise that the minimum licensing revenue guarantee is slightly increased (approximately $2,000) over the guarantee provided for in the previous contract. In the event that the total licensing revenue exceeds the prescribed limit in any year, the increased revenue received from KWHS would reduce the net budget impact on a dollar for dollar basis. Finally, this report speaks to the potential to provide an annual honorarium, not to exceed $5,000, to the Human Animal Vulnerability Coalition of Waterloo Region. It is staff's position that such an honorarium can be accommodated within the existing budget and will ensure that it will not be provided if it cannot be accommodated within existing levels. COMMUNITY ENGAGEMENT: The contract negotiations referenced in this report are administrative in nature. Moving forward with the Responsible Pet Ownership Strategy will involve a degree of public consultation, involving the general public and specifically identified stakeholders. ACKNOWLEDGED BY: Mark Hildebrand Acting Deputy CAO, Community Services Department Encl. HAV Coalition of Waterloo Region (Human Animal Vulnerability) TERMS OF REFERENCE Purpose and Vision The HAV-Coalition is a community coordinating committee. Its primary purpose is to facilitate and advocate a coordinated, seamless and effective approach to responding to human and animal vulnerability and/or violence within the community of Waterloo Region. Mission To maximize the capacity, efficiency and effectiveness of the programs, services and systems supporting at risk individuals, families and their pets through collective efforts. Guiding Principles The Coalition is not an organization in itself but rather a multi-sectoral collaborative structure to enable its member organizations to work better together on mutual goals improving programs, services and systems for at risk individuals, families and their pets. We believe that as service providers engaged in integrated service delivery: • We have a shared responsibility for and commitment to all at risk individuals, families and their pets; • Our work should be in the best interests of and build on the existing strengths of our organizations, our programs and our clients; • We want to encourage and develop integrated strategies for at risk individuals, families and their pets with multiple needs; • It is important that our work involves whenever possible the active participation of our community and our clients in the planning, development, implementation and evaluation of programs (community engagement). Role of the Coalition The Coalition exists to help coordinate the work of its members, to identify areas for realignment, and to create an integrated, effective service delivery system for vulnerable individuals,families and their pets at risk of abuse, neglect and violence in Waterloo Region. It establishes a limited number of focused goals that receive the majority of proactive Coalition resources for a 2-3 year period and expects its members will assist in these efforts within their own organizations where possible.The Coalition acts as a planning forum for new initiatives and for reviewing existing programs in an effort to identify areas for realignment of resources for more effective future outcomes. Memorandum of Association The HAV-Coalition of Waterloo Region is a collaborative initiative of interested community agencies dedicated to defining, promoting and seeking practical solutions to at risk people and animal welfare issues and to address gaps in service and program delivery.As an unincorporated entity, the Coalition has no binding power over its members but exists to better coordinate their collective efforts to serve at risk individuals, families and their pets (animals).The Coalition derives its influence from the combined efforts of individual Coalition members and works through dialogue and consensus. It is essential that Coalition members continue to invest in the March 2013 1 mission of the Coalition and to see their own interests and those of their clients well served by Coalition initiatives. The purpose of this Memorandum of Association (MOA) is to clearly define the structure, decision making authority and scope, fiscal responsibility and membership rules of the Coalition. Legal counsel has advised that the Coalition should clarify these issues in a MOA if it chooses to remain an unincorporated entity. Decision Making The committee will follow the model, "Workable Agreement Decision Making," when a decision is required around an issue and there is the need for speed and maximum participation. In this method, "everyone supports the final decision made, although this doesn't mean complete unanimity. A few may oppose the decision in particular ways but nevertheless understand it and will support it." (Johnson, D.W. and Johnson, F.P. 2000Joining together: Group theory and group skills, / ed. Boston:Allyn & Bacon) The committee will reach a workable agreement when each member can say: • They understand each other's point of view, and; • They will support the decision whether or not the individual prefers the decision because the decision was reached in an open and fair manner. In the event that a workable agreement cannot be reached in the time allotted, a vote can be taken using majority vote to decide (2/3 majority). Membership Eligibility Eligible Coalition members are nonprofit or public organizations that serve at risk individuals, families and their pets. Organizations that are current members or have been invited to join: • Family and Children's Services of Waterloo Region • Kitchener Waterloo Humane Society • Region of Waterloo Ontario Works • Region of Waterloo Public Health • Community Veterinary Outreach • Supportive Housing of Waterloo • Victim Services of Waterloo Region • Waterloo Regional Police Service • Wilfrid Laurier University—Faculty of Social Work • Women's Crisis Services of Waterloo Region Membership will be reviewed and affirmed annually. Requests for new members will be brought to the HAV-Coalition meetings for discussion and approval. Meeting Organizational Structure HAV-Coalition meetings are held five times per year(January, March, May, September, and November) as well as ad hoc when required. Members will select two Co-Chairs whose length of term will be a 2 year minimum with a maximum of 3 consecutive years. This is to allow for one Co-Chair to be replaced at a time. The Co-Chairs will rotate chairing the meetings and taking meeting minutes. March 2013 2 Co-Chairs Responsibilities • Coordinate the scheduling of the HAV-Coalition meetings. • Facilitate discussion and decision making at the meetings. • Ensure timely and accurate financial reporting to the administrator of any HAV-Coalition funds. • Ensure that information from sub-committees is brought back to the larger committee. • Ensure that HAV-Coalition members are aware of and meeting the HAV-Coalition membership expectations. • Represent HAV-Coalition and act as liaisons between HAV-Coalition and other community groups and agencies. Sub-committees As the Coalition will regularly be engaging in a number of initiatives, sub-committees will be developed Sub-committee meetings will be held as often as deemed necessary, depending on the initiative. At present, Sub-committees have been formed to address the following: • HAV-Coalition Education and Research—this will remain a key responsibility of the Steering Committee • Community Relations • Veterinary Care • Community Fostering • Service and Therapy Animals Membership Expectations: Membership in the Coalition carries both obligations and benefits. Benefits include the opportunity to: • Work together to improve outcomes for at risk individuals, families and their pets. • Have your organization's name and Link to your site posted on the Coalition website and included on Coalition promotional materials. • Participate in collective assessment of community need in relation to programs and services to help you build relationships and find new partners. • Garner community support for new initiatives that your organization may wish to move forward. • Work together to advocate for services. • Create synergy of actions and continuity of service where mandates relate or overlap. • Fulfill mandate and influence programming across the region. Obligations include: • Commitment of a senior staff person to prepare for and attend meetings. • Active participation in Coalition strategic planning, policy development, initiatives and activities by member organizations. • To represent the Coalition perspective and speak with one voice on issues of importance to the whole. Member organizations support and advocate for positions that have been developed by the Coalition. • To be willing to support others in advocating for specific programs, positions or issues of relevance to that member organization alone. • Primary decision-making body re: policy, planning and budgeting. March 2013 3 • In order that the workload of HAV-Coalition can be shared equitably between all members, all members are encouraged to participate in some respect each year on at least one subcommittee or project, or in the capacity of Co-Chair. • Each subcommittee or project shall include at least one primary member of HAV- Coalition,who shall provide minutes to the Steering Committee Co-chairs and report actions to the HAV-Coalition at meetings.Additional members on subcommittees or projects do not need to be primary representatives and may be other members of agency staff who shall be appointed to the subcommittees or projects by the HAV- Coalition members. Requests from the Media and Response 'Media' is defined as a means for the communication of information. Media could be newspaper, magazine, television broadcast, radio broadcast,video documentation, social media or electronic transmission of information by a third party. Media requesting information may be from a journalist, an editor, a reporter or a representative of a business or organization. Responding to Media • Any media requests for information which would represent HAV-Coalition and be indicative of HAV-Coalition's viewpoints, positions and/or opinions regarding issues, must be directed to the current Co-Chairs who then may direct the request to a designate. • All HAV-Coalition members can freely provide the information that they are a member of HAV-Coalition. Since the Coalition is not an incorporated body, it cannot own property, undertake contracts, sue or be sued, or protect its members from personal liability in the unlikely event of a law suit. March 2013 4