HomeMy WebLinkAboutResolutions - 1977.04.07 - 18161(r.
enry,'. Hoot; Chairman
Miscellaneous Resolution No. 73 97
BY: PUBLIC SERVICES COMMITTEE, Henry W. Hoot, Chairman
IN RE: RENEWAL OF HUMANE SOCIETY CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners by
Miscellaneous Resolution #5916 authorized the execution of a three-year
contract with the Michigan Humane Society for animal shelter and selected
services; and •
• WHEREAS, the Michigan Humane Society has satisfactorily - carried
out the provisions of the contract; and
WHEREAS, it is in the best interest of Oakland County to renew,
with certain modifications, the contract with the Michigan Humane Society.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approve a threeyear contract renewal with the Michigan
Humane Society consistent with the attached contract and budget.
The Public Services Committee, by Henry W. Hoot, Chairman, moves
the adoption of the foregoing resolution.
PUBLIC• SERVICES COMMITTEE
FISCAL NOTE
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN
IN RE: MISCELLANEOUS RESOLUTION #7897 - RENEWAL OF HUMANE SOCIETY CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #7897 and finds the amount of $3,659 available in
the 1977 Contingent Fund, said amount to be transferred to the 1977 Animal
Control budget line items as indicated:
Acct. No. Account Name Amount
3227 Base Fees-Humane Society $ 2,319
3232 Board and Care 298
3630 Quarantined Animals L02
$ 3,659
FINANCE COMMITTEE
Paul' E. KaSpW, Chairman
AGREEMENT
This Agreement made and entered into this
day of , 19 , by and between OAKLAND COUNTY, A
Michigan Constitutional Corporation, whose principal address
is 1200 North Telegraph Road, Pontiac, Michigan, 48053,
hereinafter referred to as "the County", and the MICHIGAN
HUMANE SOCIETY, a Michigan Non-Profit Corporation, whose
principal address is 7401 Chrysler, Detroit, Michigan, 48211,
hereinafter referred to as the Society":
WITNESSETH THAT:
WHEREAS, it appears that it would be of mutual
advantage to the County and the Society for the Society to
assume certain responsibilities under a contract with the
County to assist tn. the enforcement of the animal laws and
regulations of the State, Ordinances of the County, and to
shelter animals, a function heretofore solely performed by the
County.
NOW THEREFORE, in consideration of the mutual convenants
hereinafter set forth, the parties hereby agree as follows:
1. DUTIES ASSUMED BY THE SOCIETY. The Society agrees
that it will, during the term of this agreement and any
extensions thereof, perfolm the following duties:
A. To equip and maintain on a site herein designated
an Animal Shelter in accordance with the floor plans dated
August 1, 1972, after the signing and execution of this
Agreement by all of the parties.
B. Comply with the animal regulation laws and ordinances
now in effect or hereinafter enacted, upon receipt of copies of
said regulation laws. These acts being, specifically, P.A. 339,
1919, as amended: P.A. 224, 1969; PA. 287, 1969; and P.A. 146,
1919 as amended.
C. Provide proper food, water, shelter and humane
care for all animals impounded by the County and/or the
Society and such animals that are brought to the Society's
Animal Shelter by residents of the County Service Area
(without charge) until they are placed or otherwise humanely
disposed of in accordance with the applicable laws and
ordinances consistent with the provisions of this Agreement.
D. Upon the request of the County's Director of
the Animal Control Division and/or the County's Director of
Public Health, cooperate with investigations of persons bitten
by small animals within the limits of the County Service Area,
and provide proper food, water, shelter and humane care for
any small animal which is suspected of infection with rabies,
quarantined or isolated by the County's Director of the Animal
Control Division for such period of time as may be required
by the County's Director of Public Health as provided by
P.A. 146, 1919, or by other applicable law. In such a bite
case, upon the request by the County's Director of the
Animal Control Division and/or the County's Director of
Public Health, the Society will assist in obtaining a
pathological report on such small animal and, as soon
thereafter as possible, report the findings to the County's
Director of the Animal Control Division and/or the County's
Director of Public Health.
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E. Maintain office hours consistent with County
policy at the Society's Animal Shelter for the convenience
of the residents of the County Service Area and for the
purpose of transacting business. In connection with the
duties under this agreement and for the purpose of receiving
animals, and consistent with the provisions of Section 1B,
for accepting applications for the redemption of impounded
animals, and make the receiving area accessible to the
County 24 hours a day, seven days a week, including holidays.
The Society will make every reasonable effort, as prescribed
by law, to notify owners of identifiable impounded animals,
by telephone or mail.
F. Upon the completion of the required holding
period, animals become the property of the Society and may
be disposed of according to law.
C. Upon the request of the County's Director of the
Animal Control Division and consistent with the provisions of
the laws and regulations of the State of Michigan cooperate in
the investigation of reports of cruelty to animals or
violations of laws and regulations relating to animal cruelty.
H. That all dogs of required vaccination age
released by the Society shall have been vaccinated against
rabies or have proof shown of vaccination against rabies within
the legally required time prior to being released. No dog shall
be released to a resident of the County Service Area until a
dog license has been obtained.
I. Provide for the sale of dog licenses, such
sales to be conducted by a sworn Deputy County Treasurer
of the Society's staff. All Dog license fees shall be
paid over by the Society to the County Treasurer or an
authorized Deputy County Treasurer within a time period
not to exceed one month.
J. Provide for the collection of county pick-up
fees and impounding fees by a sworn Deputy County Treasurer
of the Society's staff. All pick-up fees and impounding fees
shall be paid over by the Society to the County Treasurer
or an authorized Deputy County Treasurer within a time
period not to exceed one month.
K. The Society shall retain all vaccination and
veterinarian fees and proceeds from sales of animals.
L. The Society shall keep proper financial records,
and account to the County monthly for all fees collected in
behalf of the County. The Society will permit the County at
all reasonable times to inspect and audit the Society's records
maintained pursuant to this contract.
M. Accept and dispose of all small dead animals
picked up in the County Service Area by a resident or a County
Agent and turned over to the Society.
-4-
N. Indemnify and hold harialess the County from
any and all demands, claims, judgements 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 omission of the Society, its agents or
employees, in the performances of this contract. The Society
shall at its own expense carry insurance in the amount of
Two Hundred Fifty Thousand Dollars ($250,000.00) for the
benefit of and to protect itself and the County against, all
such demands, claims, judgements, or causes of action. The
Society shall at its -own expense, cause to be bonded all of
its agents or employees, who in the exercise of their duties
collect and/or have custody of monies belonging to the County
in an amount set by the County Treasurer.
0. In accordance with its By-Laws, the Society
shall not be required at any time to release any animals for
medical research or for any other purpose which is not
consistent with the Society's aims and objectives.
P. The Society shall be free to enter into
similar contractual arrangements with other communities
located outside the County Service Area without obtaining
approval from the County so long as such arrangements do not
impair performance of this agreement by the Society.
II. DUTIES ASSUMED BY THE COUNTY, The County agrees
that during the terw of this agreement and any extensions
thereof, they will perform the following duties:
A. Recommends that a member or members of the
Society's staff be appointed as a Deputy County Treasurer for
the purpose of selling dog licenses.
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B. Supply to the Society all necessary dog
license certificates, dog license tags, receipt forms,
etc., to enable the Society to carry out its licensing
duties under this contract.
Furnish the Society with an adequate supply of
all applicable laws and regulations dealing with dogs and
other small animals and promptly furnish the Society with
copies of all new acts, amendments regulations, or other
applicable legislation.
III. TERM OF AGREEMENT AND CONSIDERATION.
A. It is mutually agreed that the term of this
Agreement shall be three (3) years, said three (3) year period
commencing on December 31, 1976 and expiring on December 31,
1979. 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.
Failure to either party to this agreement to comply with the
material provisions of the agreement shall be deemed to be
sufficient cause for termination of the agreement. Such notice
of termination shall be given in writing six (6) months prior
to the effective date of termination. In the event of
termination, any funds previously advanced to the Society shall
by repayable in services Only. The contract may be renewed
by the written consent of the parties far. alike term.
B. The County agrees to pay the following fees to
the Society for its services under this agreement.
1. A per capita annual "use" fee of Fifteen
Cents (15e) based upon the human population of the County
Service Area. The population figures to be utilized shall
be based on the 1975 estimated population of 302,124 (Planning
Commission). The respective share of such fee shall be
appropriated and paid monthly in advance by the County. The
annual fee for the County shall be $45,318.60.
2. An additional boarding fee of $1.00 per day
for each animal impounded by action of the County and housed
or accepted by the Society. Such fee shall be limited to the
required holding period as set forth in P.A. 224, 1969, or
as amended. Such fee shall be payable monthly by the County
upon receipt of an invoice from the Society covering the
previous month's operations. Such fee shall not be applicable
in the case of cats or other small animals except in the event
of sheltering for suspicion of rabies or bite case observation.
3. No fees shall be assessed against the County
for owned pets given directly to the Society by their owners.
Such animals not being subject to this contract.
4. The rates of the fees specified in subparagraphs
one and two above may be adjusted from time to time in the
future by written agreement executed by both parties hereto.
C. It is understood and agreed that the shelter (land
and building) shall be owned exclusively by the Society and
that the County shall have no proprietary interest whatsoever
in said shelter. It is also understood that the payments made
by the County to the Society pursuant to this Agreement are made
solely in consideration of the services to be performed
hereunder by the Society.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in triplicate by their respective duly
authorized officers on the day and year first above written.
WITNESSES:
OAKLAND COUNTY,
A Michigan Constitutional Corporation
By:
By:
MICHIGAN HUMANE SOCIETY,
A Michigan Non-Profit Corporation
By:
By:
Definitions:
"County" refers to the County of Oakland, A Michigan Constitutional
Corporation.
"County Service Area" shall include, for the purpose of this
agreement, the following local governmental units: Addison Township,
Leonard Village, Avon Township, Brandon Township, Ortonville Village,
Commerce Township, Wolverine Lake Village, Farmington Hills city,
Croveland Township, Highland Township, Holly Township, Holly Village,
Clarkston Village, Keego Harbor City, Lyon Township, South Lyon City,
Milford Township, Milford Village, Novi Township, NoVi Village,
Oakland Township, Orion Township, Lake Orion Village, Oxford Tmvnship,
Oxford Village, Pontiac Township, Rose Township, Springfield Township,
Walled Lake City, West Bloomfield Township, Orchard Lake Village,
White Lake Township and Wixom City.
"Animal Shelter" means a facility owned and operated by the
Michigan Humane Society to care for impounded animals.
?Impounded Animals" means all dogs, cal-s, wild life, rodents and
all other animals commonly kept as domestic pets which are
impounded (strays) and confined at the animal shelter by:
(1) agents of the County carrying out -Art's rabies program (P.A.
146, 1919) and animal control programs and/or (2) action of
residents of the County Service Area.
"Owned animal" means any animal from any area released directly ..
to the Michigan Humane Society by the owner(s) or any person(s):
having proper custody thereof (and therfore not within the
scope of the contract).
"Bite case" means any stray or owned animal from the County. Service
Area requiring quarantine or observation by order of the Oakland'
County Director of Animal Control 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 theoowner of A dog which
are provided for in P. A. 339, 1919, the rates of which are
determined by the Oakland County Board of Commissioners.
"Pick-up fees and Impounding fees" mean those charges rendered to
an owner upon his application to reclaim an animal which, by
action of the County, has been impounded* Such fees shall be
determined by the Oakland County Board of Commissioners.
"Donations" means monies given directly to the Society as an
outright gift or in behalf of services rendered as an adoption
Lee when an animal is placed in a new home.
"Small animals" include all dogs, cats, wild life, rodents and
all other animals commonly kept as domestic pets.
"Euthanasia" means the humane destruction of animals.
animals,
direct
due to a
"Rabies" is a specific infectious diLease of certain
especially dogs, which may be communicated to man by
inoculation, as by a bite of an infected animal, and
virus.
14340*
$1.00
I4,34o
Attachment I
Oakland County
Financial Implications of Animal Control
Contract with the Humane Society
Estimated
1975 1976 1977
Use Fee
Population of Service
Area 267,312 263,435 302,124
Annual Cost per Capita $.15 $.1 5 $.15
Annual Use Fee 40,097 39,515 45,319
,Boarding Fee
Annual day . of
impoundment 14,059 .144 198
Rate per day 90 _9O
Annual Boarding Fee $12,653 $12,778
TOTAL ANNUAL COST $52,750 $52,293 $59,659
* Estimate based on one percent (M annual increase experienced- from
1975 to 1976.
AttDchment
"OAKLAND COMTY SERVICE AREA"
1975 1976 1977 -1979
Addison Township Addison Township Addison Township
Leonard Village Leonard Village Leonard Village
Avon Township Avon Township Avon Township
Brandon Township Brandon Township Brandon Township
Ortonville Village Ortonville Village Ortonville Village
Commerce Township Commerce Township Commerce Township
Wolverine Lake Village Wolverine Lake Village Wolverine Lake Village
Farmington Hills City Farmington Hills City Farmington Hills City
Groveland Township Groveland Township Groveland Township
Highland Township Highland Township Highland Township
Holly Township Holly Township Holly Township
Holly Village Holly Village Holly Village
Clarkston Village Clarkston Village Clerkston Village
Keego Harbor City Keego Harbor City
Lyon Township Lyon Township
South Lyon City South Lyon City
Milford Township Milford Township
Milford Village Milford Village
Novi Township Novi Township
Novi Village Novi Village
Oakland Township Oakland Township
Orion Township Orion Township ' '1
Lake Orion Village Lake Orion Village
Oxford Township Oxford Township
Oxford Village Oxford Village
r-'-,-,Pontiac.Torrnship -- • Pontiac Townshirl`'
Rose Township Rose Township
1:--Springfield Township Springfield Township
‘,.1rWatleckLake City Walled Lake CitY
West Bloomfield Township West Bloomfield Township
Orchard Lake Village Orchard Lake Village
, ,White Lake Township White Lake Township
Wixom City Wixom City
independence Township
Keego Harbor City
Lyon Township
South Lyon City
Milford Township
Milford Village
Novi Township
Novi Village
Oakland Township
Orion Township
Lake Orion Village
Oxford Township
Oxford Village
Poatfad,Township
Rose Township
Springfield ,Tocunship
Wal:Led,Laie City' ,
West Bloomfield Township
Orchard Lake Village
White Lake Township ,
Wixom City
Independence Township
Bingham Farms Village
Franklin Village
#7897 April 7, 1977
Moved by Kasper supported by Perinoff the report be accepted and Resolution #7897
be adopted.
AYES: Peterson, Price, Roth, Simson, Wilcox, Aaron, Daly, Di Giovanni, Doyon,
Fortino, Gabler, Gorsline, Kasper, Kelly, Lanni, McDonald, Moffitt, Moxley, Olson,
Page, Patterson, Perinoff, Pernick, (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the report was accepted and
Resolution #7897 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 #7897 adopted by the Oakland County Board of
Commissioners at their meeting held on April 7, 1977
arr.. ............... •ea•ea•••••a••sa•ever••••••era•
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, I have hereunto set my hand and
affixed the seal of said County at Pontiac, IffcM.qan
this 7th April 77
Lynn D. Allen Clerk
By Pepni:y Clerk