Draft Animal Control Services Agreement with CRD
The formal contract between View Royal and the CRD for enforcement of the Town's animal regulation bylaws.
ANIMAL CONTROL SERVICES AGREEMENT
This Agreement dated for reference the ________ day of ____________, 20
BETWEEN:
CAPITAL REGIONAL DISTRICT P.O. Box 1000 625 Fisgard Victoria, B.C. V8W 2S6
(the “CRD”)
OF THE FIRST PART
AND:
THE TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, BC V9B 1A6
(“View Royal”)
OF THE SECOND PART
WITNESSES THAT WHEREAS:
A. A local government may make and enforce regulations in relation to animals;
B. A local government may enter into an agreement with another public authority respecting enforcement of regulations enacted by a party to the agreement;
C. View Royal and the CRD wish to enter into an agreement for the enforcement of the Town of View Royal Animal Regulation and Impounding Bylaw by the CRD;
NOW THEREFORE in consideration of the premises and the terms and conditions hereinafter contained, the sufficiency of which is hereby acknowledged by both parties, the CRD and View Royal covenant and agree each with the other as follows:
1.0 DEFINITIONS
1.1 In this Agreement,
“Bylaw” means View Royal Animal Control Bylaw 614 as amended from time to time.
“Costs” means the amount paid to the CRD by View Royal for the provision of animal control and pound services.
“Services” means the enforcement and administration of the Bylaw including without limitation the following work, carried out and delivered to the equivalent level of similar services provided by the CRD within the municipalities and electoral areas in which it provides such work:
(a) in accordance with the Bylaw and all other applicable enactments, the seizure, impounding and destruction of cats, dogs and other domestic animals in View Royal that come to the attention of the Animal Control or Bylaw Enforcement Officers of the CRD, which are at large, or in other circumstances authorized by the Bylaw or other applicable legislation or regulations;
(b) the full range of enforcement activities under the Bylaw including, but not limited to regular patrol of streets, parks and other public areas within View Royal, complaint response, emergency call-out and police assistance;
(c) the administration and maintenance of View Royal dog licencing including the sale of licences, data entry, sending out renewal notices, advertising, canvassing, and all other related costs, and retaining all revenue collected except for dog licences sold at View Royal Town Hall or by View Royal staff.
2.0 TERM
2.1 This Agreement is for a term commencing 12:00 AM, January 1, 2023, and terminating at 11:59 PM on December 31, 2025, together with a right of renewal for additional years pursuant to Section 3.
3.0 RENEWAL
3.1 View Royal shall have the right to renew this Agreement, and this Agreement shall be deemed to be automatically renewed for the calendar years 2026 and 2027, inclusive, unless either party has given the other notice of termination pursuant to Section 4.
4.0 TERMINATION
4.1.1 Either the Town of View Royal or the CRD may terminate this contract by notice in writing delivered to the other party not later than September 30, 2025, or if the contract is automatically renewed by September 30, 2027.
5.0 AMENDMENT
5.1 Unless otherwise agreed by the parties, amendments to the terms and conditions of this Agreement proposed by either party to take effect January 1 of any renewal term shall be requested by so notifying the other party in writing not later than September 30 of the preceding year.
6.0 CRD COVENANTS
6.1 For the purposes of this Agreement, and in consideration of the Costs paid or agreed to be paid by View Royal pursuant to Section 7.1, the CRD shall provide the Services to View Royal in a competent, careful and professional manner, and shall without limitation:
(a) maintain an office within the Capital Regional District which is open to the public during normal business hours for inquiries relating to the Services;
(b) for the purpose of the poundkeeper component of the Services, maintain a pound facility in a location approved by the Town of View Royal, which facility and the operation thereof shall be and remain in compliance with all applicable regulations, bylaws and other enactments, and in particular shall be maintained in a sanitary condition providing for humane treatment of the animals impounded;
(c) administer and enforce the Bylaw including any required court appearances and legal proceedings generally, engaging the professional legal counsel which may be required in connection therewith, and shall exercise the enforcement authority contained within the Bylaw for and on behalf of View Royal, except for any powers that remain to be exercised exclusively by View Royal pursuant to this Agreement or statute or common law applicable to local government;
(d) account for and retain all revenue from violation fees, municipal ticket information fines, fees from sale of animals, and fine and court costs recovered through enforcement of the Bylaw. Account for and return all revenue collected to the Town of View Royal for impound fees;
(e) keep a detailed record of accounts and activities in relation to the Services; prepare and deliver to View Royal monthly a report including the following information:
- number of tickets, offence notices and warning notices issued;
- number of animals impounded;
- impoundment, boarding and ticket fine revenues received;
- number and types of complaints received;
- number of hours spent on general patrols and parks patrols in View Royal;
(f) comply with reasonable instructions from View Royal with respect to the provision of the Services, including requests for special attention to particular geographical areas as required from time to time;
(g) at the CRD’s discretion and when authorized by resolution of View Royal Council, pursue on View Royal’s behalf any civil remedy i.e. at the CRD’s discretion and when authorized by resolution of View Royal Council, pursue on View Royal’s behalf any civil remedy i.e. dog destruction orders, injunctions or civil proceedings and costs to be borne by View Royal subject to written authorization of View Royal. However the CRD shall not incur legal costs associated with proceedings under this agreement, where trained staff can reasonably undertake the work, in relation to filing court documents, obtaining search warrants, prosecuting municipal ticket informations (MTI’s), small claims court appearances and preliminary appearances for dangerous dog destruction orders;
(h) obtain proof that a current View Royal licence has been obtained and paid for before releasing any impounded dog;
(i) maintain a monthly pound log in which shall be recorded, on a daily basis, all pound-related transactions, including a description of every animal impounded, the date and place where the animal was impounded, the date when the animal was redeemed or otherwise disposed of, the disposition of the animal and the amount of money, if any, recovered in respect of the animal;
(j) maintain a monthly record of any reported dog bites which have occurred in that month, including information concerning the severity of the bite, the breed of the dog, the name and address of the dog owner if known, the name of the person bitten and the details of any charges under the Bylaw;
(k) ensure that CRD Animal Control and Bylaw Enforcement officers are thoroughly informed of the provisions of the Bylaw and also the fine levels and offence descriptions set out in the View Royal Ticket Information Utilization Bylaw;
(l) allow officers and employees of View Royal, at all reasonable times, access to all records, books and documents maintained by the CRD under this Agreement;
(m) provide after hours emergency call-out service for serious incidents, including assistance to the View Royal police service, attacks by dogs on people or animals, injured animals and unusual situations deemed to involve public safety in relation to domestic animals;
(n) administer the View Royal dog licence system including the sale of licences, bearing all costs and receiving and retaining all revenues except for dog licences sold at View Royal Town Hall or by View Royal employees;
(o) the Manager of CRD Bylaw and Animal Care Services, or designate, will meet when necessary with the Town of View Royal CAO, or designate, to review the service expectations of this contract;
(p) the Manager of CRD Bylaw and Animal Care Services will meet with the View Royal Senior Bylaw Officer when necessary to discuss any issues or concerns with the service;
(q) provide a monthly average of 50 service hours in the Town of View Royal, including 100 hours annually to dedicated patrols of parks and high volume dog use areas as determined through consultation with the View Royal Bylaw Officer;
(r) the Manager of CRD Bylaw and Animal Care Services will meet with Town of View Royal Council, or Committee of Council at least twice annually to report on Animal Control Activity. The Manager will also introduce the regular Animal Control Officer working in the Town of View Royal to View Royal Council or Committee of Council; and
(s) increase dog licence compliance rates in the Town of View Royal through advertising, participation in public events, dog licence canvassing, parks patrols, and an online dog licencing.
7.0 VIEW ROYAL COVENANTS
7.1 In consideration of the performance by the CRD of the Services, View Royal shall pay monthly, on invoice, to the CRD, one twelfth (1/12) of the annual costs as follows:
| Year | Annual Cost |
|---|---|
| 2023 | $50,058 |
| 2024 | $51,560 |
| 2025 | $53,107 |
| 2026 | $54,700 |
| 2027 | $56,341 |
7.2 In addition View Royal agrees to:
(a) designate the Director of Protective Services of View Royal, and in his/her absence the Bylaw Enforcement Officer of View Royal, as the primary contact with CRD staff with respect to the Services. The parties acknowledge that the intent of this provision is to avoid unnecessary duplication of effort by the CRD, as well as conflicting instructions from View Royal to the CRD. Other officers or employees of View Royal, including members of the Municipal Council, may contact the Manager of CRD Bylaw and Animal Care Services directly but only for the purpose of making inquiries and not to give direction;
(b) appoint those persons designated by CRD to enforce the Bylaws as authorized officers under Section 146(b) of the Community Charter, and appoint these persons as Bylaw Enforcement Officers for the purpose of enforcing the provisions of View Royal’s Animal Control Bylaw, and for the purpose of issuing MTI tickets in relation to that Bylaw.
(c) pay over to the CRD, within thirty (30) days of receipt by View Royal from the Provincial Court Registry or directly from the offender, fine and court costs recovered through enforcement of the Bylaw by the CRD.
8.0 MUTUAL INDEMNIFICATION
8.1 Except to the extent that a claim, loss, action, suit or demand, and legal fees and expenses associated therewith, is a result of a party’s negligence or breach of its obligations under this Agreement, the other party shall indemnify and hold harmless the first mentioned party and its officers, employees and contractors from and against all such claims, losses, actions, suits, demands, fees and expenses arising out of this Agreement.
9.0 INSURANCE
9.1 Each party shall maintain liability insurance coverage in an amount not less than Two Million Dollars ($2,000,000.00) per single occurrence to meet its indemnification obligations under Section 8.
9.2 Neither party shall cancel or materially change its insurance coverage without first providing the other with thirty (30) days written notice thereof.
9.3 Any liability insurance required hereunder must contain cross liability coverage in the event that both parties claim coverage under the same policy.
10.0 REGULATORY CHANGES
10.1 View Royal shall provide the CRD with written notice of any pending amendment to or revision of the Bylaw not less than ten (10) days prior to the date of adoption thereof.
11.0 CONTRACTOR STATUS
11.1 The parties agree that the CRD is the prime contractor engaged by View Royal for the sole purpose of providing the Services. Neither the CRD nor any of its personnel is engaged by View Royal as an employee, servant or agent. The CRD is solely responsible for payment of Workers Compensation premiums and compliance with all WCB Regulations, and shall bear sole responsibility for the safety of its officers and employees and any costs whatsoever arising out of employee injuries or claims records. The CRD shall make all payroll payments or deductions required by law or collective agreement. Nothing in this Agreement shall be construed as creating an agency, partnership or joint venture between View Royal and the CRD.
12.0 REFERENCE TO CRD
12.1 The CRD agrees to permit the use of its name and bylaw enforcement office telephone number and address in any View Royal notices and advertising relating to animal control.
13.0 SETTLEMENT
13.1 The parties acknowledge that they have a common goal of providing public service and will attempt to settle any differences arising in the administration of this Agreement amicably through discussion in good faith with a view to providing quality public service at a reasonable cost.
14.0 NOTICE
14.1 Unless otherwise specified herein, any Notice required to be given hereunder by any party shall be deemed to have been well and sufficiently given if mailed by ordinary mail, faxed to or delivered at the address of the other party set forth on the first page of this Agreement or at such other address as the other party may from time to time direct in writing, and any such Notice shall be deemed to have been received if mailed seventy-two (72) hours after the time of mailing and, if faxed or delivered, upon the date of faxing or delivery.
15.0 ASSIGNMENT
15.1 This Agreement is not assignable by either party without the express written consent of the other.
16.0 POLICE AUTHORITY
16.1 Nothing in this Agreement shall operate so as to prevent, limit or derogate from the authority of a municipal police officer to take enforcement action under the Bylaw, in which case revenues from any violation fees, municipal ticket information fines or other pecuniary penalties or assessments shall be retained by View Royal.
17.0 BINDING EFFECT
17.1 This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and permitted assignees.
IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed the day, month and year first above written.
The Corporate Seal of THE TOWN OF ) VIEW ROYAL was hereunto affixed in ) the presence of: ) ) ______________________________ ) Authorized Signatory ) ) ______________________________ ) Authorized Signatory ) ) ) Executed on behalf of the CAPITAL ) REGIONAL DISTRICT ) by its authorized signatures on this ) ) ________ day of _________, 20 ) ) ______________________________ ) Authorized Signatory ) ) ______________________________ ) Authorized Signatory )
c/s