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HomeMy WebLinkAboutResolutions - 1983.05.05 - 11664Miscellaneous Resolution 83127 May 5, 1983 1 HER”Y PPR.OVE THE FOREGOING RESOLUTION 1. Murpiiy, BY: PUBLIC SERVICES COMMITTEE, James E. Lanni, Chairperson IN RE: CONTRACT RENEWALS FOR MUNICIPALITIES - DISPOSAL TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Animal Control Division administers the provisions of P.A. 339 of 1919 as amended (the Dog Law), and WHEREAS the Animal Control Division renders services to local jurisdictions on Purchase of Service Contracts, and WHEREAS the Oakland County Board of Commissioners by Miscellaneous Resolution #82049 dated February 18, 1982 established a unit price of $4.57 for disposal of dead animals and a unit price of $5.05 for live small animals be charged, and WHEREAS the government of Oakland County would recover 100% of its costs for disposal. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreements for services rendered by the Oakland County Animal Control Division. 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 Th ANIMAL CARE CENTER DISPOSAL AGREEMENT This Agreement, made and entered into this 1st day of JANUARY, A.D., 1983, 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 CLAWS ON, whose principal address is 425 North Main Street, Clawson, Michigan, 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: 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 CLAWS ON 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 CLAWS ON. IL DUTIES TO BE ASSUMED BY CITY OF CLAWSON. CITY agrees that during the term of this Agreement they will perform the following duties: OAKLAND COUNTY BOARD OF COMMISSIONERS Richard R. Wilcox, Chairperson 2 City Clerk WITNESSES: CITY OF CLAWSON 6 Mayor 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. TERMS OF AGREEMENT AND CONSIDERATION. A. It is mutually agreed that the term of this Agreement shall be effective immediately and expiring December 31, 1983 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: I. $5.05 for the destruction of each live small animal brought by CITY OF CLAWSON to the County Animal Care Center for that purpose. 2. $4.57 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. 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: COUN/TX OF OAKLAND OAK4AND COUNTY EXECUTIVE 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 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. 3 ANIMAL CARE CENTER DISPOSAL AGREEMENT This Agreement, made and entered into this 1st day of JANUARY, A.D., 1983, 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 MADISON HEIGHTS, whose principal address is 300 West Thirteen Mile Road, Madison Height, Michigan, 48071, hereinafter referred to as CITY; WHEREAS, it would be of mutual benefit to CITY OF MADISON HEIGHTS 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 MADISON HEIGHTS for that sole and express purpose. D. Accept and dispose of all small dead animals picked up in MADISON HEIGHTS 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 MADISON HEIGHTS. IL DUTIES TO BE ASSUMED BY CITY OF MADISON HEIGHTS. CITY agrees that during the term of this Agreement they will perform the following duties: COUN/TY OF OAKLAND OAKILAND COUNTY EY,ECUTAVE. ( Patel T. MitirfShSf:COyityl*ecutive OAKLAND COUNTY BOARD OF COMMISSIONERS WITNESSES: r .,WITNESSE,S: 7.-7. Li?) CITY OF MADISON HEIGHTS A. Upon completion of the required holding period at its own facility, said period to comply with the Ordinances of CITY OF MADISON HEIGHTS 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 immediately and expiring December 31, 1983 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 MADISON HEIGHTS agrees to pay the following fees to the County for its services under this Agreement: 1. $5,05 for the destruction of each live small animal brought by CITY OF MADISON HEIGHTS to the County Animal Care Center for that purpose. 2. $4.57 for the disposal of dead small animals brought by CITY OF MADISON IlEIGHTS to the County Animal Care Center for that purpose. 3. Such fees shall be payable monthly by CITY OF MADISON HEIGHTS upon receipt of invoice from the County covering the previous month's services. 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. Richard R. Wilcox, Chairperson 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 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. 3 # 83127 May 5, 1983 day of May 1983 5th this Moved by Lanni supported by S. Kuhn the resolution be adopted. AYES: Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Geary, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Olsen. (26) 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 Miscellaneous Resolution 03127 adopted by the Oakland County Board of Commis s ioners at their meeting held on May 5,__1983 with the original 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, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan LYNNi/D. ALLEN, County ClebiRegister of De Deputy Clerk.