Loading...
HomeMy WebLinkAboutResolutions - 1986.04.17 - 107371 MR, :NI -Ai:TROVE THE NG RESOLUTION Miscellaneous Resolution # 86ioLt April 17, 1986 BY: PUBLIC SERVICES COMMITTEE, James E. Lanni, Chairperson IN RE: ANIMAL CONTROL DIVISION - CONTRACT RENEWALS OF MUNICIPALITIES ANIMAL CONTROL BOARD, CARE & DISPOSAL SERVICES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of Public Act 339 of 1919 as amended (the Dog Law), and WHEREAS the Animal Control Division renders services to local municipalities on Purchase of Service Contracts, and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #85382 dated December 12, 1985 established a unit price of $5.71 for disposal of small dead animals and a unit price of $6,28 for live small animals be charged, and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #85383 dated December 12, 1985 established a unit price of $7,62 per day for board and care be charged, and WHEREAS the government of Oakland County will recover 100% of its costs for disposal and board and care. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreements for animal disposal services rendered by the Oakland County Animal Control Division to the following municipalities: 1) City of Clawson; 2) City of Farmington; and 3) City of Madison Heights. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the attached agreements for animal board, care and disposal services rendered by the Oakland County Animal Control Divison to the following municipalities: 1) City of Rochester; 2) City of Sylvan Lake; 3) City of Troy; and 40 Township of Waterford. BE IT FURTHER RESOLVED that the County Executive and Chairperson of the Board are herewith authorized to sign the agreements on behalf of the County. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE OAKLAND COUNTY ANIMAL CONTROL DIVISION YEARLY CONTRACTS FEES COMPARISON 1985 - 1986 Disposal Only Estimated Projected 1985 1986 Amount Increase Percentage City of Clawson $ 669.12 $ 729.47 +$ 60.35 + 9% City of Farmington 20.56 22.41 .+ 1.85 + 1% City of Madison Heights 3,127.39 3,409.48 + 282.09 + 9% Board, Care & Disposal *City of Pontiac 49,293.24 50,456.83 +1,163.59 + 2% City of Rochester 906.14 981.12 + 74.98 + 8% City of Sylvan Lake 179.32 183.87 + 4.55 + 2% City of Troy 13,504.56 13,845.24 + 340.68 + 2% Township of Waterford 14,147.88 14,508.31 + 360.43 + 2% TOTALS $81,848.21 $84,136.73 +2,288.52 + 2% This would be with the same number of animals handled and days held in 1985 and 1986. These numbers might increase or decrease. *Signed contract has not been received at our office as of 04/02/86, 04/02/86 slg ANIMAL CARE CENTER SERVICES AND DISPOSAL AGREEMENT This Agreement, made and entered into this 1st day of JANUARY, A.D., 1986, by arid between the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053, hereinafter referred to as "COUNTY', and the CITY OF ROCHESTER, whose principal address is 400 Sixth Street, Rochester, Michigan 48063, hereinafter referred to as CITY; WHEREAS, it would be of mutual benefit to the CITY OF ROCHESTER and to the County, for the County to assume certain responsibilities under this Agreement to assist in the enforcement of the animal laws and regulations of the State of Michigan; NOW THEREFORE: in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: I. DUTIES ASSUMED BY COUNTY. The County agrees that it will, during the term of this Agreement, perform the following duties: A. Comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. B. Provide proper food, water, shelter and humane care for all stray and give- up animals impounded by CITY OF ROCHESTER and such animals that are brought to the County's Animal Care Center by residents of the CITY OF ROCHESTER until they are placed or otherwise humanely disposed of in accordance with applicable laws, consistent with the provisions of this Agreement. C. Provide proper food, water, shelter and humane care for any small animal which is suspected of infection with rabies, quarantined by CITY OF ROCHESTER for such period of time as may be required by applicable law. D. Maintain suitable office hours at the County's Animal Care Center for the purpose of transacting business in connection with the duties under this Agreement and for the purpose of receiving animals and for accepting applications for the redemption of impounded animals. The County will make every reasonable effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the County's procedures. E. Upon the completion of the required holding period, impounded animals become the property of the County and may be disposed of according to law. F. That all dogs of required vaccination age, prior to release by the County to residents of CITY OF ROCHESTER, shall have been vaccinated against rabies or have proof shown of vaccination against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. G. Provide for the sale of dog licenses consistent with the policies, practices, and procedures of the City Clerk/Township Treasurer, consistent with the provisions of this Agreement. H. Provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the County to CITY OF ROCHESTER within a time period not to exceed one (I) month. The County shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 5. The County shall keep proper financial records and account to CITY OF ROCHESTER monthly for all fees collected on its behalf. The County will permit CITY OF ROCHESTER at all reasonable times to inspect County records maintained pursuant to this Agreement. K. Accept and dispose of all small dead animals picked up in CITY OF ROOT-ESTER by an Animal Control agent or resident and turned over to County, consistent with this Agreement. L. Indemnify and hold harmless CITY OF ROCHESTER from any and all demands, claims, judgments or causes of action, and from all expenses that may be incurred in investigating or defending against the same, arising from or growing out of any act, neglect or ommission of the County, its agents or employees limited to the performance of this Agreement. M. The County shall be free to enter into similar contractual agreements with other communities without obtaining approval from CITY OF ROCHESTER so long as such arrangements do not impair performance of this Agreement by the County. II. DUTIES ASSUMED BY CITY OF ROCHESTER. CITY agrees that during the term of this Agreement, it will perform the following duties: A. Supply to the County all necessary dog license certificates, dog license tags, receipt forms, etc., to enable the County to carry out its licensing duties under this Agreement. 2 a B. Furnish the County with an adequate supply of its applicable laws and regulations dealing with dogs and other small animals effective as of the date of this Agreement. C. Hold the County harmless from acts of its employees and agents in connection with this Agreement which are outside of the control of the County. III. TERMS OF AGREEMENT IN CONSIDERATION.. A., It is mutually agreed that the term of this Agreement shall be effective January 1, 1986 and expiring December 31, 1986 inclusive. Upon the completion of the term of this Agreement, the provisions of the Agreement shall thereafter be subject to review and renewal by written agreement of the parties hereto for a like term. Failure by either party to comply with the material provisions of the Agreement shall be deemed sufficient cause for termination. Such notice of termination shall be given in writing sixty (60) days prior to the effective date of termination. In the event of termination, any funds previously advanced to the County shall be repayable in service only. B. CITY OF ROCHESTER agrees to pay the following fees to the County for its services under this Agreement. I. A boarding fee of $7.62 per day for each small animal impounded by action of CITY OF ROCHESTER and housed or accepted by the County. Such fee shall be limited to the required holding period as set forth by CITY OF ROCHESTER. A service fee of $6.28 for destruction and disposal of each animal held the required holding period. Such fees shall be payable monthly by CITY OF ROCHESTER upon receipt of an invoice from the County covering the previous month's operations. 2. A disposal fee of $5.71 for each dead small animal turned in from an Animal Control agent or resident from CITY OF ROCHESTER. Such fee shall be payable monthly by CITY OF ROCHESTER upon receipt of an invoice from the County covering the previous month's operations. 3. A service fee of $6.28 for each live small give-up animal turned in from an Animal Control agent or resident from CITY OF ROCHESTER. Such fee shall be payable monthly by CITY OF ROCHESTER upon receipt of an invoice from the County covering the previous month's operations. C. CITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement. Such adjustment shall be in direct relationship to any general county salary increases by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. - 3 WITNESSES; ary (Lynn\ Mc Crindle 77:fr, - - Bet'y Wilber City CI 6r-k- - Maxine Ross City Manager Kenneth A. Johnson D. It is understood and agreed that the County's Animal Care Center (land and building) shall be owned exclusively by the County and that CITY OF ROCHESTER shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by CITY OF ROCHESTER to the County pursuant to this Agreement, are made solely in consideration of the services to be performed hereunder by the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers on the day and year first above written. WITNESSES: COUNTY OF OAKLAND A Michigan Constitutional Corporation OAKLAND COUNTY EXECUTIVE Daniel T. Murphy, County Executive OAKLAND COUNTY BOARD OF COMMISSIONERS Richard R. Wilcox, Chairperson CITY OF ROCHESTER A Michi,gan Municipal Corporation DEFINITIONS "County" refers to the County of Oakland, a Michigan Constitutional Corporation. "Animal Care Center" means a facility owned and operated by the County of Oakland to care for impounded animals. "Impounded Small Animals" means all dogs, cats, wildlife, rodents and all other animals commonly kept as domestic pets which are impounded (strays) and confined at the Animal Care Center by: (1) agents of municipalities carrying out rabies program (P.A. 146, 1919) and animal control programs and/or (2) action of residents of municipalities under contract. "Owned animal" or "Give up animals" means any animal from any area released directly to the County of Oakland by the owner(s) or any person(s) having proper custody thereof. "Bite case" means any stray or owned animal from the contracted service area requiring quarantine or observation by order of the Oakland County Department of Health or his authorized representative. "Required holding period" shall he in accordance with the provisions of P.A. 224, 1969, and any subsequent amendments thereto, and P.A. 287, 1969. "License fees" means those charges to the owner of a dog which are claimed at the Animal Care Center in accordance with contracted municipalities policies, practices, and procedures. "Impounding fees" means pick-up fees charges rendered to an owner upon his application to reclaim an animal which, by action of a municipality, has been impounded. Such fees shall be determined by the contracted municipality ruling agent. "Euthanasia" means the humane destruction of animals. "Rabies" is a specific infectious disease of certain animals, especially dogs, which may be communicated to man by direct inoculation, as by a bite of an infected animal, and due to a virus. 5 ANIMAL CARE CENTER DISPOSAL AGREEMENT This Agreement, made and entered into this 1st day of JANUARY, A.D., 1986, by and between the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48053, hereinafter referred to as "COUNTY", and the CITY OF CLAWSON, whose principal address is 425 North Main Street, Clawson, Michigan 48017, hereinafter referred to as CITY; WHEREAS, it would be of mutual benefit to CITY OF CLAWSON and to the County, for the County to assume certain responsibilities under this Agreement to assist in the enforcement of certain of the animal laws and regulations of the State of Michigan; NOW THEREFORE: in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: I. DUTIES ASSUMED BY THE COUNTY. The County agrees that it will, during the term of this Agreement, perform the following duties: A. Comply with the animal regulation laws of the State of Michigan. B. Maintain suitable office hours at the County's Animal Care Center for the purpose of transacting business in connection with the duties under this Agreement. C. Accept and humanely dispose of all animals received by the County's _ Animal Care Center according to law, which are brought to the Care Center by agents of CITY OF CLAWSON for that sole and express purpose. D. Accept and dispose of all small dead animals picked up in CLAWSON by an agent or resident and turned over to the County, consistent with provisions of this Agreement. E. The County shall be free to enter into similar contractural agreements with other communities without obtaining approval from CITY OF CLAWSON. II. DUTIES TO BE ASSUMED BY CITY OF CLAWSON. CITY agrees that during the term of this Agreement they will perform the following duties: A. Upon completion of the required holding period at its own facility, said period to comply with the Ordinances of CITY OF CLAWSON in effect at the date of execution of this Agreement, CITY shall cause animals to be transported to the County's Animal Care Center at its own expense, for the purpose of disposition of the said animal. III. TERMS OF AGREEMENT AND CONSIDERATION. A. It is mutually agreed that the term of this Agreement shall be effective January 1, 1986 and expiring December 31, 1986 inclusive. Upon completion of the term of this Agreement, the provisions thereof shall be subject to review and renewal by written agreement of the parties hereto for a like term. Failure by either party to comply with the material provisions of this Agreement shall be deemed to be sufficient cause for termination. Such notice of termination shall be given in writing sixty (60) days prior to the effective date of termination. B. CITY OF CLAWSON agrees to pay the following fees to the County for its services under this Agreement: 1. $6.28 for the destruction of each live small animal brought by CATTY OF CLAWSON to the County Animal Care Center for that purpose. 2. $5.71 for the disposal of dead small animals brought by CITY OF CLAWSON to the County Animal Care Center for that purpose. 3. Such fees shall be payable monthly by CITY OF CLAWSON upon receipt of invoice from the County covering the previous month's services. 4. CITY agrees that the fees as set forth above are subject to adjustment during the term of the Agreement. Such adjustment shall be in direct relationship to any general county salary increases by the Oakland County Board of Commissioners. In no instance shall the fee increase be greater than the percentage salary increase. P. Helen Probyn IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers on the day and year first above written. WITNESSES: COUNTY OF OAKLAND OAKLAND COUNTY EXECUTIVE Daniel T. Murphy, County Executive OAKLAND COUNTY BOARD OF COMMISSIONERS Richard R. Wilcox, Chairperson 4 ESSES: CITY OF -LAWSON )A—P204/2)/ /777,7;7,2 Mayor Pro Tern Thomas A. Palmer City Clerk Clinton R. west DEFINITIONS "County" refers to the County of Oakland, a Michigan Constitutional Corporation. "Animal Care Center" means a facility owned and operated by the County of Oakland to care for impounded animals. "Impounded Small Animals" means all dogs, cats, wildlife, rodents and all other animals commonly kept as domestic pets which are impounded (strays) and confined at the Animal Care Center by: (1) agents of municipalities carrying out rabies program (9 7 A. 146, 1919) and animal control programs and/or (2) action of residents of municipalities under contract. "Owned animal" or "Give up animals" means any animal from any area released directly to the County of Oakland by the owner(s) or any person(s) having proper custody thereof. "Bite case" means any stray or owned animal from the contracted service area requiring quarantine or observation by order of the Oakland County Department of Health or his authorized representative. "Required holding period" shall be in accordance with the provisions of P.A. 224, 1969, and any subsequent amendments thereto, and P.A. 287, 1969. "License fees" means those charges to the owner of a dog which are claimed at the Animal Care Center in accordance with contracted municipalities policies, practices, and procedures. "Impounding fees" means pick-up fees charges rendered to an owner upon his application to reclaim an animal which, by action of a municipality, has been impounded. Such fees shall be determined by the contracted municipality ruling agent. "Euthanasia" means the humane destruction of animals. "Rabies" is a specific infectious disease of certain animals, especially dogs, which may be communicated to man by direct inoculation, as by a bite of an infected animal, and due to a virus. I Tthday of April 19 86- ALLEN Counity Clerk/Register of Deeds #861o4 April 17, 1996 Moved by Lanni supported by Webb the resolution be adopted. AYES: Richard Kuhn, Susan Kuhn, Lanni, Law, McDonald, McPherson, Moffitt, Nelson, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro, Doyon, Fortino, Hassberger, Hobart, Holland. (22) NAYS: None,. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution adopted by the Oakland County Board of Commissioners at their meeting held on April 17, 1986 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this