HomeMy WebLinkAboutResolutions - 1982.05.20 - 13816May 20, 1982 Miscellaneous Resolution 82145
BY: PUBLIC SERVICES COMMITTEE, James E. Lanni, Chairperson
IN RE: DISPOSAL CONTRACT - CITY OF MADISON HEIGHTS
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 an Purchase of Service Contracts, and
WHEREAS the City of Madison Heights by correspondence dated
April 14, 1982 has requested the County to contract disposal services,
and
WHEREAS the Oakland County Board of Commissioners by
Miscellaneous Resolution 482049 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 agreement with the City of Madison
Heights for services rendered by the Oakland County Animal Control Division.
BE IT FURTHER RESOLVED that the County Executive and Chairman of
the Board are herewith authorized to sign the agreement 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
This Agreement, made and entered into this lOtijay of , A.D., 1982, May
ANIMAL CARE CENTER
DISPOSAL
AGREEMENT
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.
II. DUTIES TO BE ASSUMED BY CITY OF MADISON HEIGHTS. CITY agrees
that during the term of this Agreement they will perform the following duties:
Da
CHI'S
COUNTY OF OAKLAND
Boa rq pficommigisioniTs
chai-d R. Wilcox i 'Chairperson
OATAtD COUNTY Y7ECUTIVT:
?-:1
George W. Suarez
Nav.or
Dorothy0McGuixe Lents
City Clerk
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CITY OF MADISOI WITNESSES:
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.
HI. TERMS OF AGREEMENT AND CONSIDERATION.
A. It is mutually agreed that the term of this Agreement shall be effective
immediately and expiring December 31, 1982 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 HEIGHTS 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.
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 (PA. 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 PA. 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.
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this 20th day of ay 19 82
ALLEN
County Clerk/Register of Deeds
#82145 May 20, 1302
Moved by Lanni supported by Pernick the resolution be adopted
AYES: Montante, Moore, Page, Patterson, Perinoff, Pernick, Peterson,
Price, Whitlock, Wilcox, Caddell, Cagney, Calandro, DiGiovanni, Doyon, Fortino,
Gabler, Geary, Gosling, Jackson, Kasper, Lanni, McDonald, Moffitt. (24)
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 #82145 adopted by the Oakland County Board of Commissioners
at their meeting. held on May 20, 19.82
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