HomeMy WebLinkAboutFIN-07-041 - Humane Society Contracts 2007-2010I L REPORT 74
Report To: Councillor B. Vrbanovic, Chair, and Members of
the Finance and Corporate Services Committee
Date of Meeting: April 2, 2007
Submitted By: Pauline Houston, General Manager of Financial Services
& City Treasurer
Prepared By: Rosemary Upfold, Director of Accounting (Ext. 2353)
Sian Williams, Assistant City Solicitor (Ext. 2264)
Ward(s) Involved: All
lCate of Report: March 22, 2007
-•• • 1 14
Subject: Humane Society Contracts 2007 -2010
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute the Animal and Dog Control and Pound
Services Agreement with the Corporation of the City of Waterloo and the Kitchener - Waterloo
and North Waterloo Humane Society; for the term of January 1, 2007 to December 31, 2010;
and further,
That the Mayor and Clerk be authorized to execute the agreement for the Spaying and
Neutering Program with the City of Waterloo and the Kitchener - Waterloo and North Waterloo
Humane Society, for the term of January 1, 2007 to December 31, 2010..
EXECUTIVE SUMMARY:
Both the Animal and Dog Control and Pound Services Agreement and the Spaying and
Neutering Agreement expired on December 31, 2006. Over the past 8 months, staff from the
City of Waterloo and the City of Kitchener have met, on many occasions, to negotiate new
contracts. The agreements are for the term January 1, 2007 to December 31, 2010, which
corresponds to the term of the current Council.
Highlights of changes to the previous agreements are:
Spaying and Neutering Agreement
■ Schedule "B" Maximum Fees have been increased to reflect the accumulated increase
in the rate of inflation since 2002 when the previous fees were set.
■ The fees paid by the City of Kitchener for Animal and Dog Control and Pound Services
have increased to the following:
• 2008 $4445465
2010 $472,449
�014
The Spaying and Neutering program began in 2003. The only change made to the proposed
agreement is an increase in the Maximum Fees Charged by Participating Vets (Schedule B).
These fees have not increased since first set in 2002. The increase represents the accumulative
increase in inflation over the past four years. The cost of the program in 2006 was
approximately $17,300. The estimated cost for 2008 based on the revised fees and increased
usage is $21,000 which is well under the $30,000 maximum set in the agreement. Over the past
4 years, 2,071 cats and 747 dogs have been spayed or neutered under this program.
The Animal and Dog Control and Pound Services agreement recommends a % increase in the
fees paid to the Humane Society as follows:
% Increase for
2007
2008
2009
2010
Inflation
2.0
2.0
2.0
20.
#Households
1.1
1.1
1.1
1.1
Designations
2.2
2.2
0.0
0.0
Total
5.3
5.3
3.1
3.1
In previous agreements, an increase in these fees was calculated only as the higher of 2% or
CPI. The proposed agreement fixes the inflationary increase at 2%. In addition, an increase is
included to recognize that the Humane Society's costs have increase as a result of an increase
in the number of households. Since 1998, the number of households in the City of Kitchener has
increased 12%. The introduction of the pit bull/dangerous dog by-law has resulted in increased
annual costs for the Humane Society of $22,000 for work done for investigations and
designations. This increased cost has been allocated over the fee increases for 2007 and 2008.
There are no changes proposed in the Animal and Dog and Pound Services agreement for
licensing or impound fees. At the Finance and Corporate Services Committee Operating Budget
Review, staff were asked to review options to increase these fees and incorporate performance
standards in the agreement.
As the licensing fees and impound fees for 2007 have been advertised, staff will review fees
charged by other municipalities and will report back to Council in the fall in order to allow time to
increase fees for 2008, if applicable. A preliminary review indicates that the City of Kitchener
fees are lower in comparison to other similar sized and neighboring municipalities and can be
increased. With changes in the Municipal Act, several municipalities are also charging a one
time licensing fee or an annual licensing fee for cats.
In the coming year, a team composed of Finance, Legal and Corporate Services staff will review
the services provided by the Humane Society and report back to Council. The team will review
services that could be provided directly by the City and performance measurements for services
provided by the Humane Society. The team will also review whether there are any services
provided by the Humane Society that either should be increased or decreased.
FINANCIAL IMPLICATIONS:
All costs for the Animal and Dog Control and Pound Services Agreement and the Spaying and
Neutering program are fully provided for in the 2007 Operating Budget for Contractual Services
of $414,708.
Based on the proposed agreement(s), the estimated costs for 2007 are:
Spaying and Neutering Program $215000
Impound and Licensing Fee Revenue ($355000)
Animal and Dog Control and Pound Fees A $42210Q
%.#--r
Net Cost
As the variance between the 2007 Budget and the estimated 2007 Net Cost is $6,614 and the
Net Cost may vary depending on usage, the 2007 Budget has not been reduced and remains at
$4145708.
N/A
Rosemary Upfold, CA
Director of Accounting
Sian Williams
Assistant City Solicitor
RU/mf
Pauline Houston, CA
General Manager of Financial
Services & City Treasurer
swilAF001111B
DRAFT
AGREEMENT
for the
SPAYING AND NEUTERING PROGRAM
THE CORPORATION OF THE CITY OF KITCHENER,
(hereinafter referred to as "Kitchener")
THE CORPORATION OF THE CITY OF WATERLOI
(hereinafter referred to as "Waterloo")
KITCH ENER-WATERLOO AND NORTH WATERLOO HUMANE SOCIETY
(Ontario Corporation Number 48048 and
hereinafter referred to as the "Humane Society").
WHEREAS section 107 • the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality has a general power to make grants on such terms and conditions
as council may consider expedient;
AND WHEREAS the Humane Society has requested Kitchener and Waterloo to make
grants in connection with its program to spay and neuter Cats and Dogs;
AND WHEREAS Kitchener and Waterloo desire to support a spay/neuter program, to
assist in the reduction of indiscriminate breeding and unwanted litters of both Cats and Dogs, by
encouraging the spaying or neutering of animals adopted from the Humane Society and have
determined such a program to be in the interests of the municipalities;
AND WHEREAS Waterloo's Council, by resolution dated *****, 2007 of Report
authorized that a grant be made to the Humane Society in the amount • up to $15,000.00 per
annum for a term of four years in connection with its spay/neuter program upon such terms and
conditions set out herein;
AND WHEREAS Kitchener's Council, by resolution dated 2007 of Report
****authorized the entering into of this Agreement and that a grant be made to the Humane
Society in the amount • up to $30,000.00 per annum for a term • four years in connection with
its spay/neuter program upon such terms and conditions set out herein;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
promises, mutual covenants and agreements contained in this Agreement, and other good and
valuable consideration (the receipt and sufficiency of which each of the parties hereby
acknowledge) the parties covenant and agree as follows:
1. DEFINITIONS
(a) "Animal(s)" refers to Cats and Dogs only.
(b) "Cat(s)" means any domestic cat(s) (felis catus), male or female.
(c) "Dog(s)" means any domestic dog(s) (canis familiaris), male or female.
(d) "Highly Adoptable" means an Animal owned by the Humane Society that is suitable for
spaying or neutering and:
i) An Animal that the Humane Society in its discretion deems to be Highly Adoptable;
ii) A purebred Animal in good health;
iii) A Dog that is 20 pounds or less in weight and should not exceed this weight when
full grown.
iv) A Cat that is 12 weeks old or younger unless Humane Society Staff determines
that Unusual Circumstances make it unlikely for the Cat to be adopted; or
v) A Dog that is 12 weeks old or younger unless the Humane Society determines that
Unusual Circumstances make it unlikely for the Dog to be adopted.
(e) "Owner" includes any person who keeps or harbours a Cat or Dog and where the own
is a minor, the person who is responsible for custody of the minor. 1
"Unusual Circumstances" shall include market conditions, excessive number of young
animals, and disease or health conditions in a particular Animal.
This Agreement shall come into effect on January 1, 2007 and shall remain in effect until
December 31, 2010 (the "Term"), unless terminated earlier according to the terms hereof.
3. PROGRAM
(a) The Humane Society will ensure that all Highly Adoptable Animals are spayed or
neutered prior to their adoption and before a proposed purchaser has care and control of
the Animal.
(b) The Humane Society will promote the spaying or neutering of Animals adopted from the
Humane Society that are not classified as Highly Adoptable. This will be done through the
requirement of deposits and use of a voucher system.
4. ADOPTION COST AND DEPOSIT
(a) When:
i) An Animal has not been spayed or neutered, or
ii) the Humane Society has been unable to determine if an Animal has been spayed
or neutered
and that Animal is adopted, the Humane Society will require a $75.00 deposit in addition
to the adoption fee. This $75.00 deposit must be held in trust by the Humane Society for
the purchaser for a period of six months from the date of adoption.
(b) The Humane Society shall inform each purchaser that if he/she has the Animal spayed or
neutered, or has a veterinarian certify that the Animal has already been spayed or
neutered, he/she will be eligible for a refund of his/her $75.00 deposit. To obtain this
refund, the Humane Society will require that the purchaser or a person authorized in
writing by the purchaser, will within six months of the adoption date;
i) provide satisfactory evidence to the Humane Society that the Animal has been
spayed or neutered or return a completed voucher in the form of Schedule "A", and
ii) provide the Humane Society with a current mailing address.
(c) The Humane Society will have purchasers sign a deposit agreement form. The form will
explain the terms set out in section 4(b) and indicate that where those requirements are
not met in six months or where deposits are not claimed within six months, the deposits
will be forfeited. The Humane Society will distribute funds obtained from forfeited
deposits as set out in section 4(d).
(d) If the $75.00 deposit fee is forfeited by the purchaser in accordance with section 4(c), the
deposit will be divided between the Humane Society, Kitchener and Waterloo. The
Humane Society will receive 50%, Kitchener will receive 34% and Waterloo will receive
16% of the deposit. The Humane Society shall not be required to account for or remit any
interest on the forfeited deposit to either Kitchener or Waterloo.
5. VOUCHER SYSTEM
(a) The Humane Society will issue a voucher to each purchaser of:
i) an Animal that has not been spayed or neutered, and
ii) an Animal whose spay/neuter status has not been determined by the Humane
Society.
This voucher will entitle the purchaser to be reimbursed for up to the amount listed in
Schedule "B" of this Agreement when a spay/neuter procedure has been performed and
the voucher has been appropriately filled out and returned to the Humane Society prior to
its expiry.
(b) Every voucher will include the information set out in Schedule "A" and will expire six
months from the adoption date. Vouchers may be extended beyond the expiration date
by approval of Kitchener's Director of Accounting or Waterloo's Clerk.
6. HUMANE SOCIETY OBLIGATIONS RELATING TO VETERINARIANS
(a) The Humane Society will attempt to contact all veterinarians in the Kitchener-Waterloo
area and provide information on the voucher portion of the spay/neuter program.
(b) The Humane Society will attempt to inform veterinarians in the Kitchener-Waterloo area
of the voucher amounts as set out in Schedule "B".
(c) The Humane Society will allow owners a reasonable opportunity to correct improper
invoices.
7. INVOICES AND PAYMENTS FROM HUMANE SOCIETY
(a) On the fifth business day of each month, the Humane Society shall pay to Kitchener the
portion of forfeited deposits belonging to Kitchener in accordance with the percentage
specified in section 4(d).
(b) On the fifth business day of each month, the Humane Society shall pay to Waterloo, the
portion of forfeited deposits belonging to Waterloo in accordance with the percentage
specified in section 4(d).
(c) On the fifth business day of each month the Humane Society shall invoice Kitchener for
an amount equal to 22 percent of the total amount of the invoices and voucher
reimbursements paid by the Humane Society in the preceding month in relation to the
spay/neuter program.
(d) On the fifth business day of each month the Humane Society shall invoice Waterloo for
an amount equal to 11 percent of the total amount of the invoices and voucher
reimbursements paid by the Humane Society in the preceding month in relation to the
spay/neuter program.
(e) Kitchener and Waterloo will pay the agreed upon amounts in cases where the Animal has
died during a procedure properly performed or attempted under this Agreement.
(f) The Humane Society shall provide Kitchener and Waterloo with copies of all completed
vouchers and invoices upon which the amounts contained in the monthly invoices from
the Humane Society are calculated.
8. PAYMENT
(a) The parties agree that Kitchener and Waterloo will jointly contribute a total of 33 percent
of the invoiced costs of the spay and neuter procedures performed both on Highly
Adoptable Animals and under the voucher system to an upward combined limit of
$45,000.00 per annum for the term of this Agreement.
(b) The parties agree that payments made by Kitchener in relation to a spay/neuter
procedure shall be 22% of the lesser of:
(i) the fees set out in Schedule "B" per procedure, or
(i) the actual cost of the procedure.
However, the complete amount of Kitchener's contribution will in no event exceed
$30,000.00 per annum, exclusive of the moneys obtained under section 4(d).
(c) The parties agree that payments made by Waterloo in relation to a spay/neuter procedure
shall be 11 % of the lesser of:
(i) the fees set out in Schedule "B" per procedure, or
(ii) the actual cost • the procedure.
However, the complete amount of Waterloo's contribution will in no event exceeii
$15,000.00 per annum, exclusive • the moneys obtained under section 4(d).
(d) Kitchener and Waterloo shall pay to the Humane Society, within one month of receivin
the monthly invoice and copies of veterinarian's invoices and completed vouchers fro
the Humane Society, the amount properly invoiced by the Humane Society.
(e) In no event shall Kitchener or Waterloo be required to pay an amount for a vouch
issued after December 31st or an invoice relating to the services provided hereund
presented to Kitchener or Waterloo later than August 31 st of the next year.
(f) In no event shall Kitchener or Waterloo pay any amount in relation to an Animal that wa4
never the property of the Humane Society. Furthermore, Kitchener and Waterloo will n
be required to pay any amount in relation to an improperly issued voucher.
(a) The Humane Society shall ensure that for each completed voucher and invoice presented
pursuant to section 7(f) the following information and consent is given for each animal
that was spayed • neutered:
(i) the Owner of the animal at the time of the procedure or examination;
(ii) the microchip or tattoo number of the Animal, if any;
(iii) the species of the Animal;
(iv) the sex of the Animal;
(v) the approximate age or date of birth of the Animal if known;
(vi) the weight of the Animal;
(vii) the breed of the Animal if known;
(viii) the description and any distinguishing characteristics of the Animal;
(ix) Any complications which occurred during the course of the surgery or during the
recuperation period; and
(x) Written consent of the Animal's Owner for Kitchener and Waterloo to obtai
information relating to the spay/neuter procedure with the performing veterinarian.
(b) The Humane Society shall apprise Kitchener and Waterloo of the number of Animal
adopted each month.
(c) The Humane Society shall obtain and pay for, at no expense to Kitchener or Waterloo, all
licences or permits required by law or statute or regulations made thereunder.
(d) The Humane Society shall comply with all Federal, Provincial and Municipal laws,
statutes, regulations and by-laws.
Kitchener's Director of Accounting and Waterloo's Director of Financial Services may audit and
inspect accounts, records, receipts, vouchers, and other documents relating to the grants
hereunder and shall have the right to access the Humane Society's records during regular
*usiness hours, make copies thereof and take extracts therefrom.
11. GRANTEE
(a) The Humane Society is and will at all times remain a grantee and is not and shall nc
represent itself to be the agent, partner, joint venturer or employee of Kitchener 0
Waterloo. The Humane Society shall not establish any bank account, make
purchase, apply for any loan or credit, hire any staff or incur or permit to be incurred, n,,
obligation in the name or on the credit of Kitchener or Waterloo. No acts or assistancl
given by Kitchener or Waterloo to the Humane Society shall be construed so as to alte
this relationship.
(b) The Humane Society shall bear all expenses not provided for by this contract ii
connection with the spay/neuter program, including, without limiting the generality of thi
foregoing, income and other taxes, Workplace Safety and Insurance, Canada Pensiol
Plan, Employment Insurance premiums and costs and including the procurement an(
costs • any other benefits.
12. HUMANE SOCIETY'S LIABILITY
(a) The Humane Society covenants with Kitchener and Waterloo at all times hereafter t
indemnify Kitchener and Waterloo from and against all claims and demands or actions
any nature or kind whatsoever, whether brought against the Kitchener, Waterloo, th
Humane Society, or any combination thereof, and/or whether directly or indirectl,
(including without limitation, vicariously) and against all loss, liabilities, judgments, cost
damages expenses or fees (including without limitation legal expenses and fees on
solicitor-client basis) which the Kitchener and Waterloo may sustain, suffer or be party t
resulting from, arising from, or in any way incidental to, any grant given by Kitchener
Waterloo to the Humane Society, or growing out of or arising from any act or deed, or b
any omission to act, of the Humane Society, its contractor or sub-contractor, agent
employee • any • them.
(b) No member of the Councils of Kitchener or Waterloo or officer of Kitchener or Waterlot
shall be held personally liable to the Humane Society under any circumstances
wh,2-,tsoever.
13. INSURANCE
(a) The Humane Society shall carry comprehensive general liability insurance, including
personal liability, liability assumed by contract and tenant's legal liability, to cover all
operations and activities conducted by the Humane Society, its agents, servants,
employees, subcontractors and all persons under its control in an amount not less than
$5,000,000.00 per occurrence.
III
11,111MEM-mrkm M.-t
(i) name Kitchener and Waterloo as additional insureds;
(ii) provide for cross-liability and severability of interest;
(iii) provide that it is the primary insurance and will not call into contribution any other
insurance available to Kitchener or Waterloo; and
(iv) contain a thirty (30) day notice of cancellation clause to Kitchener and Waterloo.
(c) Upon the execution of this Agreement, the Humane Society shall forward a certificate
insurance for the above insurance policies to Kitchener and Waterloo for approval. Th
I
Humane Society shall provide renewal certificates of the insurance policy on or before thil
6
expiration date endorsed upon such policy during the Term of this Agreement.
14. ASSIGNMENT
The Humane Society shall not assign this Agreement or any part thereof without thii.,
written consent of both Kitchener and Waterloo.
15. TERMINATION
W671 Trel 9 q =_
the Humane Society commits any act of insolvency;
(ii) the Humane Society is in breach of any of its obligations under this Agreement
including, without limiting, assigning this Agreement without the consent of
Kitchener and Waterloo, or performing the spay/neuter program or any part thereof
in a manner which is not, in the judgement of Kitchener or Waterloo, acceptable or
in strict conformance with this Agreement; or
(iii) any insurance policy held by the Humane Society pursuant to this agreement is
canceled or not renewed.
(b) If an Act of Default occurs Kitchener and Waterloo may, at the sole discretion of each,
refuse to pay any amounts not due and payable under this agreement at the time of the
Act • Default.
(c) Kitchener's annual obligations under this agreement shall automatically terminate when
Kitchener has been invoiced and has paid $30,000.00.
(d) Waterloo's annual obligations under this Agreement shall automatically terminate when
Waterloo has been invoiced and has paid $15,000.00.
(a) All notices and consents given under this Agreement are to be set forth in writing and
delivered personally or by registered mail to:
it R 0 0 "F
The Corporation • the City • Kitchener
Finance Department
City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario, N2G 4G7
• Ah
� 1 1
lilill i ; � • ;riili III iI
The Corporation of the City of Waterlo
100 Regina Street South
Waterloo, Ontario, N2T 4A8
the Humane Society at:
Attention: Manager
Kitchener-Waterloo and North Waterloo Humane Society
250 Riverbend Drive
Kitchener, Ontario, N2B 2E9
7
(b) In the case of personal delivery, the notice or consent shall be deemed received on the
date of delivery and in the case of registered mail, the notice or consent shall be deemed
received five (5) business days after mailing.
(e) All payments made under this Agreement are to be delivered personally or by registered
mail to the addresses in Subsection 16(a) above.
(f) The addresses for delivery may be changed from time to time by any party by notice as
above provided in this Section.
(g) No notice, consent or payment may be delivered by mail during a real or apprehended
mail strike in Canada.
17. WAIVER
No waiver of any of the provisions of this Agreement shall be deemed or shall constituted waiver
of any other provisions (whether or not similar) nor shall the waiver constitute a continuing waiver
unless otherwise expressly provided.
18. SURVIVAL
Those provisions of this Agreement pertaining to indemnity and limitation of liability shall
forever survive the termination or expiration of this Agreement for any reason whatsoever,
including expiry at the end of the term, in addition to any other provision which survives by
operation of law or which expressly or by implication remains in full force and effect on and
after the termination or expiration of this Agreement
Notwithstanding the foregoing, the provision pertaining to insurance shall survive for a period
of two (2) years from the termination or expiration of this Agreement for any reason
whatsoever, including expiry at the end of the term.
19. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all other
agreements, understandings, negotiations and discussions with respect to the subject matter,
whether oral or written. No amendment or waiver of this Agreement shall be binding unless
executed in writing by every party hereto.
20. INVALIDITY OF PROVISION
The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall
not affect the validity or enforceability of any other provision or covenant in it and the invalid
provision or covenant shall be deemed to be severable.
21. ENUREMENT
This Agreement shall enure to the benefit of and be binding on the parties hereto and their
respective successors and permitted assigns.
Provided however, that the Humane Society shall not assign this Agreement or any interest
herein without the prior written consent of Kitchener and Waterloo.
22. HEADINGS
Headings are not to be considered part of the Agreement, are included solely for convenience
and are not intended to be full or accurate descriptions of the content of the paragraphs.
IN WITNESS whereof Kitchener and Waterloo have hereunto caused to be affixed their
corporate seals under the hands of their Mayors and Clerks and the Humane Society has
hereunto caused to be affixed its corporate seal under the hands of its duly authorized officer.
DATE MAYOR
DATE CLERK
THE CORPORATION OF THE CITY OF WATERLOO
DATE MAYOR
DATE CLERK
KITCHENER-WATERLOO AND NORTH
WATERLOO HUMANE SOCIETY • .. .
Number 4:04:
►1!11101111 111 IQ, 10116RUM
DATE NAME AND TITLE
Spay/ Neuter Voucher Voucher#
re, •
The owner is responsible for paying all fees to the veterinarian of his/her choice for the
spay/neuter procedure. The owner must have both sides of this form filled out by the
responsible parties for any reimbursement. On presentation of this completed voucher prior to
its expiry, the Kitchener-Waterloo and North Waterloo Humane Society will reimburse to the
adoptive owner, up to the amount of $_, only when a spay/neuter procedure has
actually been performed. The owner waives any liability towards the Kitchen er-Waterloo and
North Waterloo Humane Society, The Corporation of the City of Kitchener and The Corporation
of the City of Waterloo for any injury incurred to the animal during the above procedure.
i fel 97X H I 17'sq F*M FM M =-* F • 57T Me
ff, 1,, • a
Now • •'
Identification — Microchip
Tattoo
pecies
Sex
Breed / Description
Weight
e/D.O.B.
I hereby authorize the Kitchener-Waterloo and North Waterloo Humane Society, The
Corporation of the City of Kitchener, and the Corporation of the City of Waterloo to obtain
information from my veterinarian on any spay/neuter procedure or examination that he/she
performs on this animal. Such information shall include but is not limited to, the procedure
performed, the date of the procedure, particulars about the animal operated upon or examine
any complication arising therefrom, and the cost of the procedure. I have read and understan
the above "Terms and Conditions". I
Signature • Owner
(witness)
Owner name (print) Telephone # Address
To be completed by Veterinarian:
1. I have examined the information provided on this form regarding the animal. I am satisfied
that the information is consistent with the animal that I have examined or operated upon.
2. 1 am satisfied that the owner of this animal has provided permission for me to release
information regarding the spay/neuter procedure or examination to the Humane Society, The
Corporation of the City of Waterloo, and The Corporation of the City of Kitchener.
3. The animal that attended at my clinic was (check one only):
spayed or neutered at my clinic
examined at my clinic and found to have been previously sterilizeii
Veterinarian Signature Please print naml
Clinic Name
Address
ity / Province
Phone Number
Fax Number
Contact person to confirm
information
a m
Maximum Fees Charged by Participating Vets
For Spay or Neuter Procedures under this Agreeme4
I] onyll 2
ANIMAL AND DOG CONTROL AND POUND SERVICES AGREEMENT
BETWEEN:
THE CORPORATION OF THE CITY OF KITCHENER
(hereinafter referred to as "Kitchener")
W10611
THE CORPORATION OF THE CITY OF WATERLOO
(hereinafter referred to as "Waterloo")
THE KITCHENER-WATERLOO AND NORTH WATERLOO HUMANE SOCIETY
(Ontario Corporation Number 48048 and
hereinafter referred to as the "Humane Society").
WHEREAS the Animals for Research Act, R.S.O. 1990, c. A.22, the Municipal Act 2001,
S.O. 2001, c.25 the Pounds Act, R.S.O. 1990, c. P.17, City of Kitchener Act, 1984 and Cities of
Kitchener and Waterloo Act, 1996 contain certain provisions relating to Animals and Dogs,
including provisions enabling municipalities to pass by-laws relating to Animals and Dogs.
AND WHEREAS pursuant to the above-mentioned statutes Kitchener and Waterloo have
passed and will pass by-laws relating to Animals and Dogs.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
promises and the mutual covenants herein contained and other valuable consideration, the
parties hereby covenant to and agree as follows:
1. DEFINITIONS
(a) "Animal" means any member of the animal kingdom, other than a human or a Dog.
(b) "Dog" means any domestic dog (canis familiaris), male or female, over the age of 12
weeks.
(c) "Owner" includes any person who keeps or harbours an Animal or Dog and where the
owner is a minor, the person who is responsible for custody of the minor.
2. TERM
This Agreement shall come into effect as of the first day of January 2007 and shall remain in effect
until and including the 31 St day of December 2010 (the "Term").
3. SERVICES
(a) The work to be carried out by the Humane Society under this Agreement is Animal and
Dog control and pound services for Kitchener and Waterloo (the "Services"). The Services
shall be performed by the Humane Society in accordance with this Agreement including
the Schedules attached hereto.
(b) The Humane Society is required to provide, at no expense to Kitchener or Waterloo, all
and every kind of labour, vehicles, tools, equipment, articles, and things necessary to carry
out the Services.
(c) The Humane Society shall employ only competent persons to perform the Services and
should Kitchener or Waterloo give notice to the Humane Society that any person or
persons performing the Services are, in the opinion of Kitchener or Waterloo, incompetent,
appropriate action shall be taken by the Humane Society.
N
(d) The Humane Society shall maintain a record, by calendar year, of all Animals and Dogs it
handles in the performance of the Services. The records shall contain the following
information for Kitchener and Waterloo individually:
(i) requests for service;
(ii) the number of Animals and Dogs impounded as a result of: surrender by owner,
running at large, being of a prohibited species or class, and seizure during the
course of an investigation;
(iii) the number of impounded Animals and Dogs: claimed by owners, adopted to new
owners, sold pursuant to the Animals for Research Act, and euthanised;
(iv) injured Dogs and Animals picked up;
(v) dead Dogs and Animals picked up;
(vi) Dogs and Animals quarantined at the Pound;
(vii) citizen complaints regarding animals;
(viii) for Dogs designated as dangerous, potentially dangerous, restricted or prohibited:
the name and address of the owner(s), and a description of the dog including;
name, breed, age, sex, microchip number and licence number;
(ix) kilometres travelled on patrol and attending requests for service;
(x) any additional information that may required by the Federal or Provincial
governments.
(e) The Humane Society shall maintain an up to date database of all licensed Dogs in
Kitchener. The information contained on the database shall include: the name and
address of the owner of the Dog, the licence number assigned to the Dog, and the breed,
age and sex of the Dog.
(f) The Humane Society shall provide to Kitchener on or before June 1 of each year the
number of Dog licences, by category, sold in Kitchener for the preceding year. For the year
of 2010 of the Term, this information shall be provided by the Humane Society to
Kitchener by June 1, 2011.
(g) A summary of the information collected pursuant to section 3(d) shall be forwarded to the
Clerk of Waterloo by June 1 and December 31 of each year. The Humane Society shall
forward to the Clerk of Kitchener on or before June 1 of each year, the information
collected pursuant to section 3(d) for the preceding year. For the year of 2010 of the Term,
this information shall be provided by the Humane Society to Kitchener by June 1, 2011.
(h) All statistics, dog tag information or information relating to enforcement including dog
designations obtained as a direct or indirect result of the conditions of this Agreement
collected in or pertaining to Kitchener shall be the property of Kitchener. All statistics or
dog tag information obtained as a direct or indirect result of the conditions of this
Agreement collected in or pertaining to Waterloo shall be the property of Waterloo.
(i) The Humane Society shall obtain and pay for, at no expense to Kitchener or Waterloo, all
licences or permits required by law or statute or regulations made thereunder.
(j) The Humane Society shall comply with all Federal, Provincial and Municipal laws, statutes,
regulations and by-laws.
(k) The Humane Society shall forward to Kitchener information respecting any complaints
arising from • involving Kiwanis Park.
4. PAYIuTEVIT
(a) Kitchener shall pay to the Humane Society the sum of $422,094.00 for Services t
Kitchener other than Dog licensing services for the year of 2007. Kitchener shall pay t
the Humane Society the sum • $444,465.00 for Services to Kitchener other than Do
licensing services for the year of 2008. Kitchener shall pay to the Humane Society th
sum of $458,243.00 for Services to Kitchener other than Dog licensing services for th
year of 2009. Kitchener shall pay to the Humane Society the sum of $472,449.00 f
Services to Kitchener other than Dog licensing services for the year of 2010. 1
(b) (i) For the enforcement of Dog licensing in Kitchener and the collection of Kitchener
Dog licence fees, the Humane Society is entitled to the first $177,137.00 collecteif*
in licence fees during the first year of the Term (the "Base Amount").
(ii) During each following year • the Term, the Humane Society is entitled to the Base
Amount plus a percentage increase equal to the percentage increase in the number
of households in Kitchener as of the previous year (the "Adjusted Amount"). The
Adjusted Amount shall be paid out of the licence fees collected during the year of
the Term. The percentage increase in the number of households in Kitchener shall
be determined in accordance with Kitchener's yearly financial statements.
(iii) The Humane Society is entitled to 50% of any amount collected in licence fees
over the Base Amount in the first year and over the Adjusted Amount during each
following years of the Term and shall pay to the City the remaining 50% on or
before April 30th • the next year.
(iv) Notwithstanding sections 4(b)(i), 4(b)(ii) and 4(b)(iii), if the Humane Society
collects any licensing fees in advance, for years not forming part of the Term,
that amount shall be the property of Kitchener and remitted to Kitchener on a
monthly basis. If the Humane Society enters a further contract with Kitchener the
licensing fee amount collected in advance for years not part of the Term by the
Humane Society will be applied to the total license fees for first year of the new
contract. Amounts collected in advance for years that form part of the Term will
be applied to the total license fees of the year to which the fee is attributable.
Any license fees collected in advance that must be refunded for any reason will
be refunded by Kitchener and the Humane Society in the same proportion that it
was paid to each.
(v) In the event that ?�'itchener increases any licence fee for Dogs,7'itchener shall be
entitled to the entire amount of the increase for each Dog licence affected by the
increase. If the Humane Society proves that the increase in licence fees has
caused licensing enforcement costs to increase, the Humane Society shall be
entitled to a percentage of the increase in licence fees equal to such increase in
enforcement costs.
(vi) The Humane Society shall not be required to pay a fee to Kitchener for thi
licensing of dogs owned by the Humane Society or count the revenue that woul(
have been obtained from any such fee in determining amounts of licensini
revenue payable to Kitchener.
(c) The Humane Society agrees to hold all dogs picked up by the Humane Society in th(
City of Kitchener during the Term of this Agreement for at least five (5) working day.4
after the date of seizure and impounding before allowing the dog to be sold or otherwis(
disposed of unless otherwise directed by the then current by-law of the City
Notwithstanding this, the Humane Society may return a dog to its lawful owner prior t(
the expiration of this period. In addition to the other fees paid under this section 4
Kitchener shall pay to the Humane Society a fee of $6,580.00 in 2007 for the service.,
set out in this section 4(c). For each following year • the Term the fee that Kitchene
shall pay for the service set out in this section 4(c) shall be $6,580.00 subject to 4,
percentage increase based on the Canadian Consumer Price Index as of September 301
of the previous year. If the Consumer Price Index as of September of the previous year ii
less than 2%, the percentage increase to the $6,580.00 for the following year shall be 2%.1
(d) (i) Waterloo shall pay to the Humane Society for Services to Waterloo the sum of
$240,940.00 for the year of 2007. Waterloo shall pay to the Humane Society for
Services to Waterloo the sum • $253,710.00 for the year • 2008. Waterloo shall pay
• the Humane Society for Services to Waterloo the sum • $261 575.00 for the year rill
200• . Waterloo shall pay to the Humane Society for Services to Waterloo the sum
of $269,684.00 for the year of 2010. 1
(ii) The Humane Society will not be responsible for the collection of licence fees for
Waterloo, and thereby will not be required by the City of Waterloo to enforce
s;zme.
(iii) The Humane Society shall not be required to pay a fee to Waterloo for th(
licensing of dogs owned by the Humane Society.
(e) The Humane Society agrees to hold all dogs picked up by the Humane Society in th(
City of Waterloo during the Term of this Agreement for at least five (5) working day.4
after the date of seizure and impounding before allowing the dog to be sold or otherwis(
disposed of unless otherwise directed by the then current by-law of the City
Notwithstanding this, the Humane Society may return a dog to its lawful owner prior t(
the expiration of this period. In addition to the other fees paid under this section 4
Waterloo shall pay to the Humane Society a fee • $1,500.00 in 2007 for the service.,
set out in this section 4(e). For each following year of the Term the fee that Waterlo(
shall pay for the service set out in this section 4(e) shall be $1,500.00 subject to 4,
percentage increase based • the Canadian Consumer Price Index as • September 301
of the previous year. If the Consumer Price Index as of September of the previous year ii
less than 2%, the percentage increase to the $1,500.00 for the following year shall be 2%.
(f) Payment shall be made by Kitchener in nine equal monthly instalments per annu
commencing from April of the year concerned, not in advance. Payment shall be made b
Waterloo in quarterly instalments. Payments from Kitchener and Waterloo to the Human
I
Society shall be performed by electronic fund transfer. These sums shall be the onl
remuneration for services and all other funds collected by the Humane Society on beha
'111
of Kitchener or Waterloo are the property of Kitchener or Waterloo and shall be turne
over to Kitchener • Waterloo.
(g) The Humane Society represents that it is currently exempt from collecting G.S.T. on an'l
payments made by Kitchener or Waterloo pursuant to this agreement. If the Human
Society is not currently exempt, or if it should lose its exemption, Kitchener and Waterlo
shall pay any G.S.T. owing, exclusive of any penalties or interest that have accrued. I
(h) Prior to June Vt of each year of the Term the Humane Society shall provide Kitchener and
Waterloo with a copy of its audited Financial Statements for the preceding calendar year. The
Humane Society shall provide, prior to June 1 st, 2011 , Kitchener and Waterloo with a copy o"
its audited Financial Statements for the year 2010.
A
(a) The Humane Society shall remit to Kitchener $25.00 • the fee charged for the first day •
impoundment of any Dog or Animal from Kitchener. Payments shall be remitted t(
Kitchener on a quarterly basis. Kitchener agrees that the Humane Society may use thl
services of a Collection Agency at its discretion for collection of unpaid properly charge(
and invoiced impound fees. In the event the services of a collection agency are used ani
an amount is recovered, the Humane Society shall remit to Kitchener 63% of thi
recovered amount attributable to payment for the first day of impound fees after paymer
of the collection agency's fees. The Humane Society agrees to require any collectioi
agency collecting accounts in which the City has an interest to agree to the followini
clause: Information provided by the Humane Society is for the purposes of collecting thi
fees outstanding to the Humane Society and The Corporation of the City of Kitchener onl�
The collection agency agrees to use this information only for the specified purpose, t(
keep this information confidential and to cease use of the information for collectioi
purposes upon the request of the Humane Society.
(b) The Humane Society shall remit to Waterloo $25.00 • the fee charged for the first day •
impoundment of any Dog from Waterloo. Payments shall be remitted to Waterloo on
quarterly basis.
(c) All monies payable to Kitchener or Waterloo by the Humane Society under thi
Agreement:
(i) may be retained by the City to which they are payable out of any monies then
due or which may become due to the Humane Society under this or any other
agreement between Kitchener or Waterloo and the Humane Society and
Kitchener or Waterloo shall have full power to estimate the amount of such
monies, even though such amount may not be ascertained; or
may be recovered from the Humane Society in any court of competent
jurisdiction as a debt due to Kitchener or Waterloo.
(a) The Humane Society is and will at all times remain an independent contractor and is n
and shall not represent itself to be the agent, partner, joint venturer or employee
Kitchener or Waterloo. The Humane Society shall not establish any bank account, mak
any purchase, apply for any loan or credit, hire any staff or incur or permit to be incurre
any obligation in the name or on the credit of Kitchener or Waterloo. No acts or assistanc
given by Kitchener or Waterloo to the Humane Society shall be construed so as to alt
this relationship. I
(b) The Humane Society shall bear all expenses in connection with the Services, includin
without limiting the generality of the foregoing, income and other taxes, Workplace Safet
and Insurance, Canada Pension Plan, Employment Insurance premiums and costs an
including the procurement and costs of any other benefits. I
7. HUMANE SOCIETY'S LIABILITY
(a) The Humane Society, its agents, servants, employees, subcontractors and all person
under the control of the Humane Society shall use due care to ensure that no person
property suffers injury or loss (including death), as a result of or by reason of: I
i
(ii) the existence, location or condition of any vehicles, machinery, plant or materials
used therein:
(iii) the failure, neglect or omission of the Humane Society, its agents, servants,
employees, subcontractors and all persons under the control of the Humane
Society to perform or do any of the acts or things agreed to be performed or done
under this Agreement.
(b) The Humane Society shall protect and defend Kitchener and Waterloo and indemnify and
hold them harmless from any and all claims, demands, actions, losses, causes of action,
proceedings, suits, damages, expenses or liability of any kind, including, without limit,
reasonable legal fees and expenses of litigation, brought by any person, whether in
respect of damage to person or property, or in respect of any other damage whatsoever,
arising from any occurrence occasioned in whole or in part, directly or indirectly, by thosii.,
items listed in Section 7(a)(i), (ii) or (iii) above.
(c) The Humane Society shall protect and defend Kitchener and Waterloo and indemnify an
hold them harmless from and against all liabilities and claims whatsoever again
Kitchener or Waterloo, including, without limiting, fines, penalties and interest thereon, f
or by reason of or in any way arising out of its failure to deduct, withhold, contribute an,
amount in respect of its payments to the Humane Society pursuant to this Agreemeni
Such liabilities and claims shall include, without limiting the generality of the foregoin
federal or provincial income taxes, federal or provincial pension plan contribution
Employment Insurance premiums, Workers' Compensation premiums and contribution�
under any federal or provincial social insurance or income security programs.
(d) The Humane Society shall protect and defend Kitchener and Waterloo and indemnify an
hold them harmless from and against all liabilities and claims whatsoever again
Kitchener or Waterloo, including, without limiting, liability or expenses by way of legal cost
or otherwise in respect of any claim which may be made for any lien or charge at law or i
equity or to any attachment, debt, garnishee process or otherwise in respect of an,
amount owed by the Humane Society. I]
(e) No member of the Councils of Kitchener or Waterloo or officer of Kitchener or Waterloo
shall be held personally liable to the Humane Society under any circumstances
whatsoever.
8. INSURANCE
(a) The Humane Society shall carry comprehensive general liability insurance, including
personal liability, liability assumed by contract and tenant's legal liability, to cover all
operations and activities conducted by the Humane Society, its agents, servants,
employees, subcontractors and all persons under its control in an amount not less than
$5,000,000.00 per occurrence.
(b) The foregoing comprehensive general liability insurance shall:
(i) name Kitchener and Waterloo as additional insureds;
(ii) provide for cross-liability and severability of interest;
(iii) provide that it is the primary insurance and will not call into contribution any other
insurance available to Kitchener or Waterloo; and
(iv) contain a thirty (30) day notice of cancellation clause to Kitchener and Waterloo.
(c) Upon the execution of this Agreement, the Humane Society shall forward a certificate of
insurance for the above insurance policies to Kitchener and Waterloo for approval. The
Humane Society shall provide renewal certificates of the insurance policy on or before the
expiration date endorsed upon such policy during the Term of this Agreement.
9. ASSIGNMENT AND SUBLETTING
(a) The Humane Society shall not assign or sublet this Agreement or any interest under it
without the prior consent of Kitchener and Waterloo, which may be withheld without
reason. Kitchener or Waterloo may assign this Agreement or any interest under it upon
giving the Humane Society thirty (30) days notice in the event of amalgamation.
(b) Kitchener and Waterloo hereby recognize and consent to the Humane Society
subcontracting its humane destruction work.
10. TERMINATION
(a) An Act of Default has occurred when:
the Humane Society commits any act of insolvency;
(ii) the Humane Society is in breach of any of its obligations under this Agreemer
including, without limiting, assigning this Agreement without the consent c
Kitchener and Waterloo, or performing the Services or any part thereof in a manne
which is not, in the judgement of Kitchener or Waterloo, acceptable or in stric
conformance with this Agreement; or
(iii) any insurance policy held by the Humane Society pursuant to this agreement il
cancelled • not renewed.
Upon notice of any Act of Default the Humane Society shall have twenty-four hours (24
from the receipt of notice from Kitchener or Waterloo in the case of an act of insolvenc�
and in all other cases twenty-one (21) days from the receipt of notice from Kitchener c
Waterloo, to remedy the act of insolvency or the breach in a manner which is satisfactor,
• Kitchener and Waterloo.
(b) When an Act of Default on the part of the Humane Society has occurred and the Humani
Society has failed to remedy such Act of Default within the period set out in Subsectio
10(a) hereof, in addition to any other remedies available to Kitchener or Waterlo
Kitchener or Waterloo shall have the full right and power, without process or action at la
to terminate this agreement or any part or parts thereof. I
(c) All powers of Kitchener or Waterloo with respect to the determination of the monies to b
paid or received from the Humane Society shall survive the termination of this Agreeme
under Subsection 10 (b) above. I
NOTICE
(a) In any notice to the Humane Society in respect of any work including, without limitin,
repairs required to be done under this Agreement, it shall not be obligatory upon Kitchen
C
or Waterloo to specify in detail by measurement or by location the exact extent of the wor
but a reference in the notice to the section or sections of this Agreement bearing on th
I
work and a general description to indicate where the repair is to be done, shall be deeme
• be sufficient notice.
(b) All notices and consents given under this Agreement are to be set forth in writing an4.
delivered personally or by registered mail to:
M F 9-M
Attention: Director • Accounting
The Corporation • the City • Kitchener
Finance Department
City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario, N2G 4G7
The Corporation of the City of Waterloo
100 Regina Street South
Waterloo, Ontario, N2T 4A8
the Humane Society at:
=0
Kitchener-Waterloo North Waterloo Humane Society
250 Riverbend Drive
Kitchener, Ontario, N2B 2E9
(c) In the case of personal delivery, the notice or consent shall be deemed received on the
date of delivery and in the case of registered mail, the notice or consent shall be deemed
received five (5) business days after mailing.
(d) All payments made under this Agreement are to be delivered personally or by registered
mail to the addresses in Subsection 11(b) above.
(e) The addresses for delivery may be changed from time to time by either party by notice as
above provided in this Section.
(f) No notice, consent or payment may be given by mail during a real or anticipated mail strike
in Canada.
12. WAIVER
No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver
of any other provisions (whether or not similar) nor shall the waiver constitute a continuing waiver
unless otherwise expressly provided.
13. ARBITRATION
In the event any dispute shall occur or any question shall arise among the parties hereto which
touches upon the validity, construction, meaning, performance or effect of this Agreement or the
rights and liabilities or the parties hereto, then the determination of such dispute shall be resolved
by arbitration pursuant to the Arbitration Act, S.O. 1991, Chapter. 17, and the decision shall be
final and binding as between the parties their respective successors and permitted assigns, and
shall not be subject to appeal. Such arbitration shall proceed as follows:
The parties to the dispute shall, within 10 days of notice, by any of them, agree to the
appointment of an arbitrator. If the parties are unable to agree on an arbitrator, any one of them
shall be entitled to apply to a judge of the Superior Court of Justice to appoint an arbitrator. The
arbitrator appointed shall determine the matters in dispute.
All costs and expenses of such arbitration shall be borne by the parties to the dispute equally
unless the decision of the
14. SURVIVAL
The provisions • this Agreement pertaining to indemnity and limitation shall forever survive the
termination or expiration of this Agreement for any reason whatsoever, including expiry at the end
of the term, in addition to any other provision which survives by operation of law or which
expressly or by implication remains in full force and effect on and after the termination or
expiration of this Agreement.
11totwithstanding the foregoing, the provision pertaining to insurance shall survive for a period of
two (2) years from the termination or expiration of this Agreement for any reason whatsoever,
including expiry at the end • the term.
15. ENTIRE AGREEMENT
This Agreement and the Schedules hereto constitute the entire agreement between the parties
and supersedes all other agreements, understandings, negotiations and discussions with resped
to the subject matter, whether oral or written. No amendment or waiver of this Agreement shall
be binding unless executed in writing by every party hereto.
The invalidity • unenforceability • any provision • this Agreement • any covenant in it shall not
affect the validity or enforceability of any other provision or covenant in it and the invalid provision
orcoven
17. ENUREMENT
This Agreement shall enure to the benefit of and be binding on the parties hereto and their
respective successors and permitted assigns.
18. HEADINGS
Headings are not to be considered part of the Agreement, are included solely for convenience
and are not intended to be full or accurate descriptions of the content of the paragraphs.
IN WITNESS whereof Kitchener and Waterloo have hereunto caused to be affixed their
corporate seals under the hands of their Mayors and Clerks and the Humane Society has
hereunto caused to affixed its corporate seal under the hands of its duly authorized officer.
MAYOR Date
CLERK Date
THE CORPORATION OF THE CITY OF WATERLOO
0 . -
KITCHENER-WATERLOO AND NORTH
Number WATERLOO HUMANE SOCIETY (Ontario Corporation
4:14:
NAME: Date
TITLE:
NAME: Date
TITLE:
SCHEDULE "A" - SPECIFICATIONS
Animal and Dog Control and Pound Services
1. LEVEL OF SERVICE
In accordance with all applicable Federal and Provincial statutes and Kitchener and Waterloo by-
laws, the Humane Society will:
(a) provide a proper and adequate Animal and Dog Shelter which will be available for use as
Kitchener and Waterloo Pound. The facilities shall be operated and maintained at the
Humane Society's own expense in a neat, clean and sanitary condition with adequate
exercise space. Kitchener and Waterloo shall have the right to enter upon request and
inspect such premises at any time for the purpose of determining whether or not the
facilities are operated and maintained as required;
(b) ensure that all persons who attend to the care of Animals and Dogs have the skill,
knowledge, ability, and supplies necessary for the humane care of such Animals and
Dogs;
(c) protect all Animals and Dogs from unsupervised handling by members of the public;
(d) provide all Animals and Dogs with clean potable drinking water at all times and suitable
food of sufficient quantity and quality to allow for normal growth and the maintenance of
normal body weight
(e) provide all Animals and Dogs with the opportunity for regular exercise sufficient to maintain
good health, including the opportunity to be unfettered from a fixed area and exercised
regularly under appropriate control;
(f) provide all Animals and Dogs with sufficient and suitable shelter, warmth, lighting,
cleaning, sanitation, grooming and veterinary care (as required), and any other care
required to maintain the health, safety, and well-being of such Animals and Dogs;
(g) ensure the prompt examination and treatment by a licensed veterinarian when any Animal
or Dog in the Humane Society's care exhibits signs of pain, suffering, injury, illness, or
distress;
(h) provide a suitable area within the Animal Shelter to segregate Animals and Dogs who may
be injured, ill, in need of special care, treatment, or attention, from other Animals and Dogs
in the Animal Shelter;
(i) ensure that the necessary euthanasia of an Animal or Dog is performed in a humane
manner, and that this procedure is undertaken only by a licensed veterinarian or under
veterinary supervision;
(j) in the event it is necessary to euthanise any Animal or Dog, dispose of the corpse of such
Animal or Dog in a manner prescribed and a method approved by law;
(k) ensure that all incidents of zoonotic diseases are identified and reported to the appropriate
agency;
(1) maintain an accounting system and provide access to Kitchener or Waterloo upon request;
(m) be responsible for licensing all Dogs within ?' itchener. 1• tices requiring Dog licences sha
be advertised in the newspaper once a week for six weeks prior to March 1 st of each ye
or as otherwise approved by Kitchener's Director of Finance. Upon discovering a
unlicensed Dog, the Owner will be given the opportunity to purchase a licence at that tim
failing which the Owner shall be liable to prosecution. All expenses relating to th
licensing of Dogs will be paid for by the Humane Society. The licence fees are determine
• by-law from time to time • Kitchener's Council;
irl ill 1 11 ill 1 1, C, 1 11
(o) in accordance with the procedures found in Schedule "B", carry on in an efficient mann
the catching and impounding of any Animal or Dog found running at large within Kitchen
and any Dog found running at large within Waterloo, contrary to the provisions of any b
law; I
(p) make reasonable attempts to contact the Owner where a Dog or other Animal
apprehended by an Animal Control Officer has identification;
(q) ensure that medical treatment by a licensed veterinarian is available at all times to provide
necessary treatment to any Animal or Dog impounded or any Animal or Dog picked up by
an Animal Control Officer;
(r) use best efforts to adopt all Animals and Dogs the Humane Society deems to be
adoptable;
(s) prior to releasing any Dog, ensure the Dog has a valid Kitchener licence if the owner is a
Kitchener resident;
(t) collect from the Owner the impound fee and, if the Animal or Dog is vaccinated by the
Humane Society, the cost of vaccination. The impound fee is determined by by-law from
time to time;
(u) remove from public places, excluding Provincial Highways, the carcasses of dead Animals
or Dogs;
(v) at a minimum, ensure the facilities have an adequate communication system including a
telephone system, a 24 hour paging/answering service and a dispatch system. The
facilities are also required to have a security system;
(w) be responsible for the maintenance, repairs and all other operating costs of the facilities
and equipment supplied;
(x) investigate reported Animal and Dog bites and provide quarantine facilities in accordance
with all applicable laws wherever possible;
(y) investigate all reports of prohibited Animals within Kitchener and Waterloo;
(z) keep an up to date registry of restricted Animals within Kitchener and Waterloo;
(aa) provide Kitchener and Waterloo with full particulars of all prosecutions commenced under
their by-laws within ten (10) days of commencing such prosecution and in all cases at least
seven (7) days before a court appearance.
s
2. HOURS OF OPERATIO
Pound Hours: I
Monday — Friday
9:00 a.m. — 5:00 p.m.
- all services other than dead
Dog or Animal pick-up
provided with an average
response time of up to 30
minutes
Monday — Wednesday
7:00 a.m. — 9:00 a.m. and 5:00
- all services other than dead
p.m. — 6:00 p.m.
Dog or Animal pick-up
provided with an average
response time of up to 90
Thursday — Friday
8:00 a.m.— 9:00 a.m. and 5:00
- all services other than dead
p.m. -to 6:00 p.m.
Animal or Dog pick-up
provided with an average
response time of up to 90
At all times
emergency service calls for
vicious Animals or Dogs, rabid
Animals or Dogs and Injured
Animals or Dogs shall be
responded to by the Humane
Society with an average
response time not to exceed
15 minutes.
At All Times
- pick up calls for all dead
Animals except as provided
otherwise shall be responded
to by the Humane Society with
an average pick-up time not to
exceed 48 hours.
- pick-up calls for dead Dogs
and cats in any area, or any
dead Animal within a high
pedestrian traffic area shall be
responded to by the Humane
Society with an average
pickup time not to exceed 24
a a V 0 a 0 0 A
a a a
a
w a do do w
w w w 6 6
v w w w
w w v
a Ak
a M 41! A k M Ab Ab
Ab
Ab Ab Ab Ab do Ab Ab Ab Ab
Ab Ab Alk Ab
Ab Ab Ab
Ab Ab Ab Ab Ab Ab Ab Ab Ab
Ab Ab Ab Ab Ab Ab 6 Ab do see Ab Ab Ab
Ab Ab Ab Ak A,
M M Alk Alk Alk
Ab Ab Ab Ab Ab Ab Ab Ab
Ab Ab
Ab Ab
am
Ab Ab 0 do dow Ab Ab few 0 w 6 0 Ab Ab
Ab Ab Ab Ab Ab Ab AS Ab Ab Ab Ab Ab
Ab do Ab Ab Ab
am
am
am
am