Cynthia Beach, Commissioner, Sustainability & Growth. At its regular meeting on August 14, 2012, Council provided the following direction:

Similar documents
ANIMALS. Chapter 284 DOG - LICENSING - REGULATION CHAPTER INDEX. Article 1 INTERPRETATION. Article 2 GENERAL PROVISIONS

City of Kingston Report to Council Report Number

Municipality of Strathroy- Caradoc. Prepared by: Director, Corporate Services

THE CORPORATION OF THE MUNICIPALITY OF POWASSAN BY-LAW NO ***********************************************************************

Municipal Animal Control in New Jersey, Best Practices March 2018

ASSEMBLY BILL No. 2343

AND WHEREAS by motion 13-GC-253 the Council of the Corporation of the Town of Bracebridge deems it expedient to amend By-law ;

C. Penalty: Penalty for failure to secure said license shall be as established by Council resolution for the entire year. (Ord.

THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE

Responsible Pet Ownership Program Working Group Summary of Recommendations

ARTICLE FIVE -- ANIMAL CONTROL

BY- LAW 39 of 2008 OF THE CORPORATION OF THE TOWN OF ST. MARYS

THE CORPORATION OF THE TOWNSHIP OF SEVERN BY-LAW NO As Amended by By-law No

THE CORPORATION OF THE TOWNSHIP OF RAMARA CANINE CONTROL BYLAW NO AS AMENDED BY BYLAWS , AND CONSOLIDATED VERSION

WHEREAS, The Municipalities Act, 2005, provides that a Council may by bylaw:

VILLAGE OF ELNORA THE CAT CONTROL BYLAW BYLAW NUMBER

ORDINANCE NO. 14,155

BYLAW 837/12 Cat Control Bylaw

DOG CONTROL POLICY 2016

BY-LAW NUMBER WHEREAS The Corporation of the Town of Whitchurch-Stouffville has pursuant to The Municipal Act, Section 354 (1), and Part 1

CITY OF LACOMBE BYLAW 265

A BYLAW OF THE TOWN OF LANGHAM TO REGULATE & LICENSE DOGS AND CATS

THE CORPORATION OF TOWN OF PETROLIA. BY-LAW NO. 10 of 2009

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE. Sponsored by: Assemblyman ADAM J. TALIAFERRO District 3 (Cumberland, Gloucester and Salem)

CITY OF HUMBOLDT BYLAW NO. 29/2013

Pierce County. November 8, 2018

THE CORPORATION OF THE VILLAGE OF WARFIELD BYLAW 703

Animal Shelter Management and Services Agreement

THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER LI

A Bylaw to regulate and prohibit the keeping of Animals and to provide for the licencing, seizure, and impoundment of animals.

CITY OF PITT MEADOWS Dog Control Bylaw

R.S.O. 1990, CHAPTER D.16

Animal rescue organization

CORPORATION OF THE TOWN OF HUNTSVILLE BY-LAW NUMBER Being a By-law for the Control and Licensing of Dogs

(e) The registration year shall be one year starting with the date of registration.

BY-LAW 48 DOG CONTROL BY-LAW

THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW NO

CHAPTER 2.26 ANIMAL CONTROL

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE

BYLAW NUMBER

CHAPTER 4 DOG CONTROL

NAIA Shelter Import and Reporting Act Model Law

CITY OF MEADOW LAKE BYLAW #18/2012 DOG BYLAW

Subject: Public safety; welfare of animals; sale of dogs and cats. Statement of purpose of bill as introduced: This bill proposes to amend 6

THE CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA BY-LAW NUMBER

Ramona Humane Society Animal Transfer Program

VILLAGE OF ROSALIND BY-LAW A BYLAW OF THE VILLAGE OF ROSALIND IN THE PROVINCE OF ALBERTA, PROVIDING FOR THE CONTROLLING OF DOGS.

SENATE, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED MAY 26, 2016

RESOLUTION: BE IT RESOLVED AND ORDAINED That the City of Shelton adopt the Vicious Dogs "Gracie's Law" Ordinance as follows following Ordinance:

CORPORATION OF THE TOWNSHIP OF PERTH EAST BY-LAW

TROPIC TOWN ORDINANCE NO

BY-LAW 560/ DOG TAG means a numbered metal tag issued by the Village when the Owner of a Dog licenses such Dog with the Town/Village.

Running at large prohibited. No cat shall be permitted to run at large within the limits of this City.

TOWN OF COMOX DRAFT CONSOLIDATED BYLAW NO. 1322

BYLAW NUMBER

THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO

D. "Poundmaster" means any person or entity appointed by the Council to discharge the duties provided for under this Section.

Animal Control Budget Unit 2760

Title 6 ANIMALS. Chapters: 6.04 Dogs Dog Kennels and Multiple Dog Licenses Vicious Animals. Chapter 6.04 DOGS.

BYLAW NUMBER

SUMMER VILLAGE OF JARVIS BAY BY-LAW #

GALLATIN COUNTY ORDINANCE NO GALLATIN COUNTY DOG CONTROL ORDINANCE

TOWN OF LUMSDEN BYLAW NO A BYLAW TO PROVIDE FOR THE LICENSING, CONTROLLING, REGULATING AND IMPOUNDING OF DOGS.

Town of Whitby By-law #

A LOCAL LAW SETTING FORTH DOG CONTROL REGULATIONS OF THE TOWN OF DRESDEN, N.Y., COUNTY OF WASHINGTON, STATE OF NEW YORK

Service Business Plan

AN ORDINANCE AMENDING SECTION 405 OF THE CITY OF RICE (REGULATING DOGS & CATS)

CITY OF KINGSTON REPORT TO COUNCIL. Report No.:

CARMEN A. TRUTANICH City Attorney

LOCAL LAW NO. 2 OF 2010 LICENSING AND SETTING LICENSING FEES OF DOGS

PLEASE NOTE. authority of the Queen s Printer for the province should be consulted to determine the authoritative statement of the law.

TITLE 10 - ANIMAL CONTROL

BY-LAW A By-law of the town of Rothesay Respecting Animal Control, Enacted Under the Municipalities Act, Section 96(1), R.S.N.B. 1973, c.

The Corporation of the Town of New Tecumseth

THE CORPORATION OF THE TOWN OF HAWKESBURY

THOMPSON-NICOLA REGIONAL DISTRICT DANGEROUS DOG CONTROL BYLAW NO. 2383

TOWN OF LANIGAN BYLAW 2/2004

CHAPTER 5 ANIMALS. Owner: Any person, group of persons, or corporation owning, keeping or harboring animals.

MTAS Sample Animal Licensing Regulations

CHAPTER 127 ANIMAL CONTROL

CITY OF MUSKEGO CHAPTER 13 - LICENSING AND REGULATION OF ANIMALS (Ord. # )

THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH

THE CORPORATION OF THE CITY OF ENDERBY BYLAW NO. 1469

ORDINANCE NO

MONTGOMERY COUNTY RABIES CONTROL AND ANIMAL RESTRAINT ORDINANCE

B Y - L A W N U M B E R Passed the 27th day of September, 2004.

APPENDIX A MONTGOMERY COUNTY RABIES CONTROL AND ANIMAL RESTRAINT ORDINANCE (rev. July 2016)

Dog Licensing and Control By-law PH-4 - Consolidated as of October 17, 2017

TOWN OF LEROY BYLAW NO. 5/07 A BYLAW RESPECTING ANIMAL CONTROL

This chapter will be known as the "Dogs and Other Animals Control Local Law of the Town of Skaneateles."

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE. Sponsored by: Assemblyman ADAM J. TALIAFERRO District 3 (Cumberland, Gloucester and Salem)

OFFICE CONSOLIDATION

THE CORPORATION OF THE TOWN OF SAUGEEN SHORES BY-LAW

CITY COUNCIL APRIL 3, 2017 PUBLIC HEARING

ORDINANCE NO. 15,735

Selected City Codes Regulating Livestock and Fowl. for the City of Ethridge Tennessee

Title 6 ANIMALS. Chapter 6.04 DOG *

By-law No

ORDINANCE NO WHEREAS, the City Council finds that the existing ordinances regulating dogs is inadequate and in need of substantial revision,

Animal Control. TITLE 7 Chapter 1

Transcription:

CITY OF KINGSTON REPORT TO COUNCIL Report No.: 13-184 TO: FROM: RESOURCE STAFF: Mayor and Members of Council Cynthia Beach, Commissioner, Sustainability & Growth Terry Willing, Director, Building & Licensing DATE OF MEETING: May 7, 2013 SUBJECT: City Pound Service Request for Proposals EXECUTIVE SUMMARY: At its regular meeting on August 14, 2012, Council provided the following direction: THAT Council authorize the Mayor and Clerk to execute a contract in a form satisfactory to the Director of Legal Services with the Kingston Humane Society for Pound Services for a one year term ending August 31, 2013 and that within that 1 year period staff be directed to issue an RFP for Pound Services and to report back to Council; and, THAT staff be directed to evaluate similar contracts for similar services in comparator cities and report back to Council before issuing an RFP. Since that direction was provided, contracts for Pound Services in comparator cities have been reviewed and evaluated. This staff report will form the basis for a Request for Proposals being issued for the provision of Pound Services in Kingston. The goal is to provide Pound Services through an RFP that would be in compliance with all established Ontario and City of Kingston regulations and requirements, while efficiently obtaining the best value for service and maintaining safe environments for staff, the animals, and the general public. RECOMMENDATION: THAT Council receive this report which provides an evaluation of Pound Services contracts in comparator cities, a review of specific issues, and which details specific concerns raised by Councillors; and Council Meeting 13 May 7, 2013 95

REPORT TO COUNCIL May 7, 2013 - Page 2 - Report No.: 13-184 THAT a Request for Proposals, be issued for the provision of Pound Services based on this report and the specifications attached as Exhibit B to this report; and THAT the Pound Services contract be awarded in accordance with the regulations as set out in the City s Purchasing By-Law. AUTHORIZING SIGNATURES: Cynthia Beach, Commissioner, Sustainability and Growth Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Lanie Hurdle, Community Services Denis Leger, Transportation, Properties & Emergency Services Jim Keech, President and CEO, Utilities Kingston N/R N/R N/R (N/R indicates consultation not required) Council Meeting 13 May 7, 2013 96

REPORT TO COUNCIL May 7, 2013 - Page 3 - Report No.: 13-184 OPTIONS/DISCUSSION: At its regular meeting on August 14, 2012, Council provided the following direction: THAT Council authorize the Mayor and Clerk to execute a contract in a form satisfactory to the Director of Legal Services with the Kingston Humane Society for Pound Services for a one year term ending August 31, 2013 and that within that 1 year period staff be directed to issue an RFP for Pound Services and to report back to Council; and, THAT staff be directed to evaluate similar contracts for similar services in comparator cities and report back to Council before issuing an RFP. Review of Pound Service contracts in comparator municipalities As directed by Council, Staff has conducted a review of RFPs and contracts for Pound Services in comparator cities and has provided its findings, attached as Exhibit A to this report. Pound services are delivered through a wide variety of models, making direct comparisons between Kingston and other municipalities difficult. For example, some municipalities contract out both pound services and animal control services to the same provider. Other municipalities operate a pound facility in-house and contract animal control services, or vice versa. The scope of pound services varies as well with some municipalities only providing pound services for domesticated dogs and cats, or just for dogs, while others include a requirement to deal with wildlife as well. It is noted that most municipalities do not have an at large provision for cats the way many do for dogs. Kingston however, is one of the few to have expanded trespass prohibitions to include cats under the Animal Control By-law, along with the cat licensing requirements that tend to come with this provision. This provision was a first step to address nuisance cat issues by allowing for a neighbour to borrow a city trap, monitor it, and then take the captured cat to the city pound for reclaim by the owner and penalty for failure to keep the cat from trespassing and damaging wildlife, vegetation and leashed pets in neighbouring yards. Even where the local not for profit Humane Society is the service provider for pound services, it is a normal process for municipalities to go through a Request for Proposal for services to define the parameters of that service as well as cost. Calgary is regularly viewed as a best practice model and deals with this by imposing leash laws that require every owner to keep cats leashed or otherwise restrained so they cannot leave their yard. The resolution guiding this report required a review of RFP s in other cities, so leash laws were not considered. Calgary Pound Services is managed by the city and not through an RFP process. Council Meeting 13 May 7, 2013 97

REPORT TO COUNCIL May 7, 2013 - Page 4 - Report No.: 13-184 Pound Service - Draft Request for Proposals The City of Kingston regulates domestic dogs and cats within its jurisdiction under By-Law 2004-144, a By-Law to Regulate Animals. In support of this by-law, the City has deemed it appropriate to provide for Pound Services for dogs and cats. Pound Services include receiving, impounding and holding for re-claim by an owner, any stray dog or cat found within the boundaries of the City of Kingston and delivered to the pound, up to the end of the redemption period. The current Pound Service also includes disposal of dogs and cats not re-claimed during the redemption period, by sale, adoption, or transfer to an alternate Pound or care facility, or by humane euthanizing by a licensed veterinarian. The redemption period is defined as the period of time from impoundment of the animal and prior to transfer of care and control of the animal to the owner of the animal or to an authorized animal shelter or rescue group. The City s objective is to provide Pound Services in compliance with all established Ontario and City of Kingston regulations and requirements, including but not limited to the Animals for Research Act, the Pounds Act, the Ontario Prevention of Cruelty to Animals Act and the City s Animal Control By-Law, while efficiently obtaining the best value for service and maintaining safe environments for staff, the animals, and the general public. Staff are preparing a Request for Proposals document for the provision of Pound Services in Kingston to incorporate the findings in this report. The detailed specifications requested in the RFP are listed in Exhibit B and attached to this report. A summary of these specifications is provided here: 1. The Pound Facility The proponent must provide details of the location of the proposed Pound facility, and to ensure that the Pound facility is reasonably accessible to the community it services, the RFP requires that it be located within the geographical boundaries of the City of Kingston. The proponent must also indicate the timing when the pound facility and pound services will be operational. Space requirements for a pound operation must include dog kennels and cat crates, in sufficient numbers and adequate size as well as outdoor runs for dogs. The building must have proper ventilation and be secure, including a requirement that it be equipped with a security system to detect intrusion and to monitor the status of life safety systems. As a prerequisite to being awarded the Pound Services contract, a proposed pound facility must be approved by the Ministry of Agriculture (MOA). 2. Pound Service Operation The Pound Service must ensure space is available at all times for all dogs and cats delivered to the facility by the City s Animal Control Officers, the Kingston Police, or by any person who has found within the boundaries of the City of Kingston, an at-large or stray dog, or a cat found Council Meeting 13 May 7, 2013 98

REPORT TO COUNCIL May 7, 2013 - Page 5 - Report No.: 13-184 trespassing on the person s property or otherwise stray. The Pound Service must also have provision to house dogs and cats that are required by Kingston, Frontenac, Lennox & Addington Health to be quarantined or by court order to be held pending a judicial proceeding. Access must be provided at all times for Animal Control Officers to deliver dogs and cats into the pound facility. As soon as possible, the Pound Service Provider must attempt to notify the registered owner, if known, of any dog or cat impounded. The Pound facility must be open to the general public a minimum of 40 hours, six days a week, to permit owners of impounded dogs and cats a reasonable opportunity to reclaim their pets. The Pound Service must ensure the humane treatment of all dogs and cats in its care, including providing for the feeding, boarding and exercise of all dogs and cats and the provision of basic first aid services and licensed veterinary care, as necessary. All veterinarian services must be provided by qualified personnel licensed by the Ontario Veterinary Medical Association. If it is determined that for justifiable reasons, a dog or cat should be euthanized, the procedure must be performed in conjunction with a licensed veterinarian, in a manner that conforms to the Ontario Veterinary Medical Association and the Animals for Research Act. The RFP stipulates that use of the drug known as T-61 shall be prohibited. Disposal of animal carcasses, as required, must be in accordance with the minimum requirements outlined in the Animals for Research Act. The Pound Services Provider must maintain adequate staffing levels to ensure all services are provided in an efficient and professional manner and must provide information on the key personnel who will be assigned to provide the Pound Services, including relevant experience, qualifications for this work, and roles and responsibilities. The Pound Service Provider will be expected to provide daily cleaning of all shelter and kennel areas, food and water bowls, hallways, equipment and the collection and proper disposal of animal refuse and waste. 3. Records Management and Administration The Pound Service Provider will be required to maintain accurate records of all its activities, business transactions, monies received and monies paid out in the performance of this contract. These records shall be in the form of logs and statistical reports and shall be submitted to the City at prescribed intervals. The Pound Service Provider will also be required to collect, on behalf of the City, fees including the administration fee charged to owners upon re-claim of a dog or cat, and the fee for a dog or cat license (tag) if the dog or cat is not licensed at the time it is being reclaimed. The Pound Service Provider will also be required to sell dog and cat tags to those wishing to purchase them. The City will compensate the Pound Service for each licence tag sold. The Pound Service Provider will be required to maintain throughout the term of the contract, a comprehensive general liability and property damage insurance policy. Council Meeting 13 May 7, 2013 99

REPORT TO COUNCIL May 7, 2013 - Page 6 - Report No.: 13-184 The pound facility and operation may be inspected on a regular basis by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) under the Animals for Research Act and under Regulation 23 under this Act relating to Pounds, and by the Ontario Society for the Prevention of Cruelty to Animals. Representatives of the City may also inspect the Pound facility and documents related to seized, adopted or euthanized dogs and cats. The Pound Service Provider may require an owner re-claiming a dog or cat, to pay to the Pound any and all boarding fees as well as all costs for any emergency veterinary care provided to the dog or cat prior to it being re-claimed. The impound and boarding fees charged to an owner upon reclaim shall not exceed the fee rates charged by the Pound Service Provider to the City for those animals not reclaimed. 4. Post Redemption Period The Pound Services Provider must assume ownership of all dogs and cats held at the Pound beyond the prescribed redemption period; after the redemption period, the Pound Service Provider may sell or adopt out unclaimed dogs and cats and any fees received from such a sale or adoption may be kept by the Pound Service Provider. Proponents proposed plan for dogs and cats that are not re-claimed by their owner will be assessed as part of the contract award evaluation process. 5. Pound Services Pricing Proponents will be required to provide pricing for a lump sum amount and/or on a per animal basis as well as quote on additional services including transportation of animals to/from veterinary clinics for emergency veterinary care during the redemption period, cost of emergency veterinary care, and cost of euthanizing and disposal. The contract will include the annual indexing of fees based on the Consumer Price Index. 6. Length of Contract Term Staff propose that the Pound Services contract be for a five (5) year term, to allow proponents a sufficiently long time horizon to plan with respect to investment in facility, equipment and staffing resources. The contract term in the other municipalities reviewed varies from 1 year to 5 years, including an example of a 2 year term with the option to extend for one year extensions up to a maximum of five years. 7. Length of Redemption Period The Ontario Animals for Research Act defines redemption period as that period of time within which the owner of a dog or cat that has been impounded in a pound has the right to redeem it. The Act specifies that the minimum redemption period shall be three days, excluding the day on which the dog or cat was impounded, or such longer period as the regulations prescribe and holidays shall not be included in calculating any redemption period. Council Meeting 13 May 7, 2013 100

REPORT TO COUNCIL May 7, 2013 - Page 7 - Report No.: 13-184 The City of Kingston s Animal Control By-Law 2004-144 defines the redemption period in effect at the Pound operated on behalf of the City to be five business days...when the shelter is open to the public... Redemption Period was further defined in the current Pound Services contract as five (5) full days, excluding the day on which the animal was impounded, shall only include days when the Pound facility is open to the general public, and shall not include the period an animal has been quarantined or impounded as directed by any official with the authority to impose an order to impound pursuant to legal authority other than this by law. These definitions exceed the provincially mandated minimum time period. Some municipalities Pound Services operate on the basis of the minimum redemption period and in the case of one municipality, the redemption period for cats is the provincially legislated minimum of 3 days while the redemption period for dogs is set at 5 days. Staff propose allowing an optional price to be included in the RFP to allow that model to be considered in Kingston. This report proposes that spaying and neutering of cats occur after the provincially mandated 3 day minimum retention period. While this report does not explore a similar program for dogs, it is open to Council to do so given that 90% of dogs are reclaimed within the 3 days, plus there is an alternative for the dog owner to keep their pet in their yard or on a leash, and to avoid the City Pound as well as the potential for harm while running at large before capture. The amount of time a dog or cat is considered to be in Pound status directly impacts the cost to the City for the Pound Service. The City is charged a boarding fee for each day during the redemption period that a dog or cat is in the Pound, if the animal is not subsequently reclaimed by its owner. Reducing the redemption period as currently defined to the provincially mandated minimum would result in substantial cost savings. For example, in 2011, a total of 1,292 dogs and cats were not reclaimed, meaning that the City was responsible for paying the fees to board these animals for the full redemption period. Reducing the redemption period from 5 days to the minimum 3 days would have resulted in 2,584 fewer boarding days and a commensurate reduction in payment of $64,600 (based on a $25 per animal per day boarding fee). In 2011, 90 percent of reclaimed dogs and 73 percent of reclaimed cats were retrieved by their owner from the Pound by Day 3 of the redemption period. Six percent of reclaimed dogs and 9 percent of reclaimed cats were retrieved by their owner after the 5 day redemption period at which point the animal had been transferred to the custody of the Kingston Humane Society shelter, meaning that 4 percent (7) of reclaimed dogs and 18 percent (6) of reclaimed cats were retrieved between Day 4 and Day 5 of the redemption period. A reduction in the redemption period to the minimum specified under the Act would mean that an additional 13 dogs and cats would have been eligible to be transferred to shelter status, or if deemed necessary, euthanized. Considering the number of cat intakes (1,190 in 2011) and the proportion of that number that go unclaimed during redemption period (1,155 or 96 percent), reducing the redemption period to 3 days for cats only would still result in significant cost savings ($57,750 based on 2011 numbers). Of the cats that are reclaimed, 73 percent are picked up by their owner by the 3 rd day. Council Meeting 13 May 7, 2013 101

REPORT TO COUNCIL May 7, 2013 - Page 8 - Report No.: 13-184 8. Business Continuity The Pound Service Provider will be required to provide for a contingency plan to ensure the continuity of Pound Services in the event of an infectious disease outbreak in the Pound Facility or other emergency situation that temporarily renders the Pound facility in-appropriate for housing of animals currently in the Pound and/or for further animal intakes. For example, a Parvo outbreak which has occurred at the incumbent Pound Facility and animal intakes were temporarily accommodated at a local kennel operation. The costs associated with housing dogs and cats at an alternate facility shall be exclusively the responsibility of the Pound Service Provider. 9. Evaluation Criteria Staff propose that Proponents that meet the mandatory criterion will then be given a weighted scoring based on the following elements: CRITERIA Financial Proposal (pricing per Appendix B Pricing Chart) 40% WEIGHTING Pound Facility (including interior and exterior layout and equipment) 20% Proponent s experience and financial stability 15% Proponent s plan for disposition of unclaimed animals after redemption period 15% Value Added Services 7% Compliance with the Accessibility for Ontarians with Disabilities Act, 2005, c. 11 and the Ontarians with Disabilities Act, 2001, R.S.O. 2001, c.32, section 13. of which the statute states: In deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public, the council of every municipality shall have regard to the accessibility for persons with disabilities to the goods or services. 10. Release of RFP Council directed staff to enter into a contract with the current service provider for a one year period which will end on August 31, 2013. Should the RFP be deferred, the contractor would 3% Council Meeting 13 May 7, 2013 102

REPORT TO COUNCIL May 7, 2013 - Page 9 - Report No.: 13-184 have to agree to an extension of the current contract. Further delay in the release of the RFP without an extended contract agreement could result in a discontinuation of pound services. Other Issues This has been a complex issue. Over the past year, since this issue was raised at Council, staff has received numerous detailed technical questions. Exhibit C summarizes some of these issues. EXISTING POLICY/BY LAW: By-Law 2004-144 being A By-Law to Regulate Animals By-Law 2000-134 being A By-Law to Establish Purchasing Policies and Procedures NOTICE PROVISIONS: N/A ACCESSIBILITY CONSIDERATIONS: Other formats of this report are available upon request. FINANCIAL CONSIDERATIONS: In a contract scenario where-by boarding fees were calculated on a per animal per day basis (versus a lump sum amount), reducing the City s redemption period from 5 days to the lesser time period of a minimum 3 days required by the Animals for Research Act, would result in a reduction in the cost of Pound Services to the City. CONTACTS: Terry Willing, Director, Building & Licensing 613-546-4291 ext. 3240 OTHER CITY OF KINGSTON STAFF CONSULTED: Kim Leonard, Manager, Licensing & Enforcement Greg McLean, Policy & Program Coordinator, Licensing & Enforcement Hal Linscott, Director, Legal Services Shelly Rizzo, Corporate Buyer EXHIBITS ATTACHED: Exhibit A Pound Service Contract - Municipal Comparator Chart Exhibit B Summary of Pound Services RFP Specifications Exhibit C Summary of Questions Council Meeting 13 May 7, 2013 103

Pound Service Contracts Review of Selected Ontario Municipalities Exhibit A 13-184 Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note Guelph Contracted Pound Services and Animal Control provided by Humane Society 5 year contract Moved from a year to year contract to a 5 year contract Peterborough Contracted Pound Services and Animal Control provided by Humane Society Lump sum payment for all services rendered Revenue sharing from fines, fees Detailed monthly reports required including year- to-date totals Windsor Contracted Pound Services and Animal Control provided by Humane Society (for dogs only; cats not licensed) 3 year term with option by mutual agreement to extend for an additional 2 year term $5 commission on tag sales $50 impound fee 2 percent annual increase in lieu of CPI + 1 % Pound Service Provider provides a dead animal removal service to the municipality Revenue sharing arrangement for sale of dog tags, beyond the commission, acts as an additional incentive for the Pound to increase tag sales Council Meeting 13 May 7, 2013 104

Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note Orillia Contracted Pound Services and Animal Control services provided by OSPCA (for dogs only) One year term Lump sum payment Retain fees collected City reimburses OSPCA for all emergency medical expenses incurred during first 5 days Niagara Falls Contracted Pound Services provided by Humane Society Loyalist Township Contracted Pound Services provided by Kingston Humane Society (for dogs only) one year term 3 business day redemption period $50 impound fee Reclaim fee of $135 Upon reclaim, owner of dog required to pay Township for boarding fees accrued during quarantine /held by court order $25 per day boarding fee $48 per dog per day for quarantine or held by court order Dog not to be released to owner until all veterinary fees and the reclaim fee have been paid. Township dog tag must be sold to Council Meeting 13 May 7, 2013 105

Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note $800 per year administrative fee owner reclaiming an unlicensed dog $0.45 per km for transportation of dogs to/from veterinary clinic Full reimbursement for all veterinary fees and, if required, euthanasia and disposal fees Essa Township Alliston & District Humane Society 4 year term 5 day redemption period $100 max. cap on vet care must consult with municipality for care exceeding that cost Provide municipality with photo and description of all found dogs for posting on City website Pricing provision by each year of contract Oro-Medonte Township Contracted Pound Services and Animal Control services provided by OSPCA (for dogs only) 18 month term Annual lump sum Township reimburse OSPCA as a result of their involvement, at the request of the Township, in a $2 commission on dog tags Council Meeting 13 May 7, 2013 106

Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note sold provincial offences investigation 5 day redemption period Township pays medical costs Fees that pound charges are determined mutually with the Township Lake of Bays Contracted Pound Services by private operator (Huntsville Animal Shelter) 3 year term Annual lump sum of $1,200 for up to 10 dogs; $120 per each additional dog Decision to euthanize made jointly by pound and municipality Must be open 7 days a week except holidays 3 day redemption period Quarantine fees of $40 per day per dog and $25 per day per cat Municipality pays euthanasia and disposal costs Shelter retains all fees including for tag sales Municipality pays all veterinary Council Meeting 13 May 7, 2013 107

Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note care costs Municipality pays transportation cost $30 minimum round trip Innisfil Contracted Pound Services provided by a private operator (Bye Bye Birdie Municipal Domestic Animal Control Services) Contract term - 3 year plus one year extension option maintains a "no kill policy" for their "pound" contracts by working closely with all breed rescues Pound Service Provider will seek sub-contractors (local OSPCA, veterinary clinics, and private registered kennels) for the kenneling if service required is more than 30 minutes away. Upon meeting the standards of the Pound Service Provider and clearance from the Municipality, a subcontract will be drawn up and closely monitored at the Pound Service Provider s expense. Having the pounds remain local helps to build better Council Meeting 13 May 7, 2013 108

Municipality Model (contracted services provided by HS, OSPCA, or private operator) Terms and Conditions (term length, pricing structure, services rendered by the Pound, etc.) Items of Note relationship/rapport with the public sector. Brockville Contracted Pound Services provided by a private operator (Sally Mellon) Redemption period for cats 3 days; for dogs 5 days Council Meeting 13 May 7, 2013 109

Exhibit B 13-184 Request for Proposal Pound Service Specifications 1. Proposals must detail the Proponent s understanding of the requirements and acknowledgement of the required deliverables. 2. The Pound facility shall be located within the geographical boundaries of the City of Kingston. 3. Proponents must be prepared to receive, impound and hold for re-claiming by an owner, any dog or cat delivered, and after the minimum redemption time period prescribed here-in, dispose of dogs and cats by sale, adoption, or transfer to an alternate Pound or care facility or by humanely euthanizing by a licensed veterinarian. 4. The redemption period for dogs and cats shall be five (5) business days, except for cats an alternative price to be requested for 3 days defined as full days when the Pound facility is open to the general public, from the day of intake of the animal but not including the intake day and not including any holiday. 5. The Pound Service Provider may require an owner re-claiming a dog or cat, to pay to the Pound any and all boarding fees as well as all costs for any emergency veterinary care provided to the dog or cat prior to it being re-claimed. Such impound and boarding fees shall not exceed the impound fee and the applicable per day boarding fee charged to the City for unclaimed animals. 6. Minimum Facility Requirements in accordance with the Ontario Society for the Prevention of Cruelty to Animals Act, Regulation 23, as amended. Space requirements for a pound operation would include, but not be limited to, the following: a. Dog kennels, in sufficient numbers and adequate size b. Large portable crates for cats in sufficient numbers c. Secure building with proper ventilation d. Office and utility areas e. Outdoor run 7. Contracted duties related to the pound services operation shall include, but not be limited to, the following: Council Meeting 13 May 7, 2013 110

a. Provide daily cleaning of all shelter and kennel areas, food and water bowls, hallways, equipment and the collection and proper disposal of animal refuse and waste; b. Provide shelter services including feeding, boarding and exercise for dogs and cats strayed, abandoned or otherwise deposited for care from within the City s boundaries; c. Provide a provision for the quarantining of dogs and cats when required by way of court order or by order of Kingston, Frontenac, Lennox & Addington Health. d. Provide humane treatment of all dogs and cats while in the pound; provide basic first aid services, including licensed veterinary care, as necessary, for all sick and injured dogs and cats during the redemption period. e. Ensure that all veterinarian services are provided by qualified personnel licensed by the Ontario Veterinary Medical Association; f. Provide humane euthanizing of dogs and cats, as required, in conjunction with a licensed Veterinarian, in a manner that conforms with the Ontario Veterinary Medical Association and the Animals for Research Act, including Section 20 (7), as amended; g. Dispose of any animal carcasses, as required, in accordance with the minimum requirements outlined in the Animals for Research Act; 8. Maintain accurate records in a form satisfactory to the City of Kingston of all activities, business transactions, monies received and monies paid out in the performance of this contract. Such records shall include but not be limited to: a. An Animal Log to be used for recording all dogs and cats impounded, surrendered for adoption and for humane euthanizing, and all dogs and cats subsequently collected by owners or put up for sale, adoption, transferred, or humanely euthanized; b. A Dog and Cat License Log to be used for recording all dog and cat licenses (tags) sold on behalf of the City; c. A Call Log to be used for recording all referred complaints, the nature of the animal concern, and follow up; d. A monthly operations report in a manner acceptable to the Manager, Licensing and Enforcement, detailing the following both for the month and year to date: all fees collected, number and type of complaints received, and number of dogs and cats processed; and Council Meeting 13 May 7, 2013 111

e. An annual operations report in a manner acceptable to the Manager, Licensing and Enforcement, outlining the number and type of complaints received, number of dogs and cats impounded, re-claimed, sold, euthanized, as well as number of dog and cat licenses (tags) sold. 9. Collect, on behalf of the City, the administration fee charged to owners upon reclaim of a dog or cat and the fee for a dog or cat license (tag) if the dog or cat is not licensed at the time it is being reclaimed, as prescribed by the City s Fees and Charges By-Law, and upon receipt, remit said payment to the City ; 10. Provide receipts for all payments received; 11. Sell dog and cat licenses (tags), as required, and remit all license fees collected to the City on a monthly basis, or more frequently, if required by the City; 12. Rent City issued cat traps in accordance with City policies, including collecting the required refundable deposit; 13. Maintain adequate security for impounded dogs and cats, including the operation and maintenance of a monitored security system to monitor for intrusion, temperature, fire, smoke, carbon monoxide, flooding; 14. Maintain throughout the term of the contract, a comprehensive general liability and property damage insurance policy which includes coverage for injury to, loss of death of any animal in the custody of the contractor; for a minimum of $2 million in a form acceptable to the City, and naming the City as an additional insured on the policy. The City shall be provided 30 days written notice of any or cancellation of the insurance policy changes. 15. Maintain adequate staffing levels to ensure all services are provided in an efficient and professional manner. 16. Provide information on the key personnel who will be assigned to work in the shelter, including any relevant experience, qualifications for this work, roles and responsibilities. 17. Provide timing for when the pound facility and pound services will be operational. 18. Provide details of the location for the proposed pound facility. 19. Permit the City to inspect the Pound facility and documents related to impounded, adopted or euthanized dogs and cats. 20. Keep the Pound facility open to the general public a minimum of 40 hours, six days a week, to permit owners of impounded dogs and cats a reasonable Council Meeting 13 May 7, 2013 112

opportunity to reclaim such animals, and have such hours of operation and contact details as applicable (phone, web, email) posted in a highly visible place at the Pound facility. 21. Provide for access 24 hours a day, seven (7) days a week for Animal Control Officers to deliver apprehended dogs and cats into the pound facility. Pound staff does not have to be onsite for the delivery of apprehended dogs or cats. 22. Provide or arrange veterinary care for impounded dogs and cats, as required. 23. Notify the registered owner, if known, of any dog or cat impounded. 24. Collect fees (City and Pound) and record personal identification of owners reclaiming dogs and cats. 25. Assume ownership of dogs and cats held at the Pound beyond the prescribed redemption period; after the redemption period, the Pound may sell or adopt out unclaimed dogs and cats and any fees received from such a sale or adoption may be kept by the Pound. 26. Ensure available space at all times for impounded dogs and cats for the term of the contract. 27. Sell dog and cat licenses (tags) to owners re-claiming any unlicensed dog or cat and shall be compensated by the City per license tag sold. 28. Maintain open and continuous dialogue with the City and the Animal Control Officers to ensure services are being delivered as required. 29. The pound facility and operation may be inspected on a regular basis by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) under the Animals for Research Act and under Regulation 23 under the Animals for Research Act relating to Pounds, by the Pounds Act, by the Ontario Society for the Prevention of Cruelty to Animals and by City of Kingston Staff. Council Meeting 13 May 7, 2013 113

Exhibit C Award of contract to a non-profit organization that is a registered charity: Restricting to non-profit organizations potentially reduces the competitiveness of the bidding process. This would also lead the City into more of a sole-source contract that would appear to conflict with Council s direction that required an RFP with a contract in place for September 2013. Location of facility must be within 500 meters of a public transit stop: While this provision might work in more urban cities, much of the City geography is within rural areas so it could become an issue if the City were to purposely exclude those portions that do not have transit service, especially when dogs and cats are not permitted on City busses. All animals will be treated for parasites, including, as a minimum but not limited to intestinal worms, fleas, and other parasites found on clinical exam: Scoring of bids allows for assessment of proponent s plan for the post-redemption period as well as for value added services. The RFP allows for pricing for this treatment for emergency care and is required during the redemption period. All animals will be provided with basic vaccinations including, but not limited to, for cats FVRCPC which covers Rhinotracheitis, Calici, Panleukopenia, Chlamydia Psittaci and, for dogs, DAPP which covers Distemper, Adenovirus Type 2 (Hepatitis), Parainfluenza, Parvovirus and Bordatella Bronchiseptica. Scoring of bids allows for assessment of proponent s plan for the post-redemption period as well as for value added services. The facility will have a robust spay/neuter program (a minimum of 75%) that is designed to ensure that the largest percentage of animals will not be able to reproduce following adoption and will ensure an equal distribution of altered animals across species (cats and dogs) and sex (male and female). Scoring of bids allows for assessment of proponent s plan for the post-redemption period as well as for value added services. Staff propose that the RFP include optional pricing to reflect a 3 day redemption period for cats only, based on the 96 percent non-claim rate. This could provide close to the 75 percent overall spay/neuter target at no cost to the tax base because the 2 extra days of boarding costs would be close to the neuter cost for cats. Alternatively, any savings from the reduction of the 5 day retention for dogs and cats could be used to mitigate future tax increases. Council Meeting 13 May 7, 2013 114

The facility will ensure that all dogs made available for adoption will be temperament tested by an individual trained in the OSPCA SAFER (Safety Assessment For Evaluating Rehoming) testing. Scoring of bids allows for assessment of proponent s plan for the post-redemption period as well as for value added services. The facility must operate in support of responsible pet ownership programs and actively encourage clients to follow accepted practices of these programs such as licensing, spaying/neutering, micro-chipping and vaccinating. In support of a responsible pet ownership program, the Pound Services Provider shall be required to ensure that every dog or cat reclaimed by its owner be licensed. The scoring of bids allows for assessment of the proponent s plan for supporting and promoting responsible pet ownership. The facility will take measures to deter animal seizures under the Animals for Research Act, such as being located within urban boundaries, turning animals over to shelters and rescues at the earliest opportunity and establishing positive relationships with animal welfare organizations. Shelter status does not exempt an animal from seizure under the Animals for Research Act. The facility must operate in compliance with all provincial legislation and be inspected and approved under the Pound Act and the Animals for Research Act by the Ministry of Agriculture (MOA) as well as allowing inspections under the OSPCA Act as requested; any facility submitting a proposal should be pre-approved by the MOA. With regard to pre-approval by MOA, staff recommends that the awarding of the Pound Services contract would be conditional on MOA approval. The facility must be able to provide veterinary care to all animals that require it due to illness, injury or physical condition. Care can be provided on-site and/or at a veterinary hospital or clinic. Council Meeting 13 May 7, 2013 115