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HomeMy WebLinkAboutResolutions - 1999.06.10 - 25766MISCELLANEOUS RESOLUTION #99134 May 27, 1999 BY: Public Services Committee, Frank Millard, Chairperson IN RE: PUBLIC SERVICES/ANIMAL CONTROL DIVISION - RENEWAL OF CITY OF ROYAL OAK ANIMAL CONTROL SERVICES AGREEMENT To the Oakland County Board of Commissioners 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 City of Royal Oak is seeking renewal of animal control services on a five-year agreement basis; and WHEREAS the Oakland County Animal Control Division and the Department of Management and Budget, through a financial analysis, have found that the Oakland County Animal Control Division is in a position to accommodate the City of Royal Oak's request; and WHEREAS County and City of Royal Oak officials have reached agreement with respect to scope of services and compensation; and WHEREAS the government of Oakland County would recover 100% of its costs incurred in rendering services to the City of Royal Oak. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached agreement for animal control services between the County and the City of Royal Oak. BE IT FURTHER RESOLVED that the County Executive and Chairperson of the Board of Commissioners are herewith authorized to sign the agreemen ha1f of the County. Chairperson, on behalf of the Public Services Committee,kI ,move the adoption of the foregoing resolution. PUBLtCreRVICES COMMT FINANCE COMMITTEE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Schmid absent. t . t AGREEMENT TO PROVIDE SERVICES THIS AGREEMENT made and entered into this day of , 1999, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose principal address is 1200 N. Telegraph Road, Pontiac, Michigan, hereinafter referred to as "COUNTY", and the CITY OF ROYAL OAK, a Michigan Municipal Corporation, whose principal address is 211 Williams Street, Royal Oak, Michigan, hereinafter referred to as "CITY". WHEREAS, it appears that it would be of mutual advantage to the CITY and 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, those being P.A. 339 of 1919, as amended, and the selected provisions of the Ordinance of the City of Royal Oak. 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 and any extensions thereof, perform the following duties: A. Provide animal control services within the corporate limits of the City of Royal Oak consistent with the provisions of the laws of the State of Michigan, specifically P.A. 339 of 1919, as amended, and consistent with the terms of the "Service Profile", attached hereto as Exhibit A. B. Provide that animals which are impounded but not placed shall be humanely disposed of in accordance with applicable laws consistent with the terms of this agreement. C. Write tickets for dogs and livestock running at large, impound stray dogs and -1- • f q !"- livestock, and remove dead animals from public highways. D. Conduct bite investigations of persons bitten by small animals within the City limits and impound any small animal which is suspected of infection with rabies, quarantined or isolated for such period of time as may be required by applicable law, attached hereto as Exhibit B. E. Administer selective provisions of the CITY'S Animal Ordinance in effect as of the date of execution of this Agreement, as attached hereto as Exhibit C. F. The CITY will provide the COUNTY with office space at the City of Royal Oak Animal Pound located at 1515 North Edgeworth, Royal Oak, Michigan, to allow the COUNTY to oversee the operation of the Animal Pound. The COUNTY will make every reasonable effort to notify owners of identifiable impounded animals, by telephone or mail, pursuant to the policies, practices, and procedures of Oakland County's Animal Control Division, attached hereto as Exhibit D. G. Upon completion of the required holding period, stray small animals become the property of the COUNTY and may be placed or disposed of according to law, attached hereto as Exhibit E. H. All dogs of required vaccination age, prior to release by the COUNTY to residents of the CITY, shall have been vaccinated against rabies within the legally required time prior to being released. No dog shall be released to a resident of the CITY until a City dog license has been obtained. I. Collect pick-up fees and impounding fees. Said fee schedules for dogs within the corporate City limits shall be those established by the COUNTY pursuant to the Board of -2- Commissioner's Resolutions. J. Accept and dispose of all small dead animals picked up by a resident of the CITY and turned over to the COUNTY. K. Indemnify and hold the CITY harmless and defend it against all demands, claims, causes of action or judgements and from all expenses that may be incurred in investigating or defending against the same, arising from any act, neglect or omission on the part of the COUNTY, its agents and/or employees, or agents who are under the control of the Oakland County Animal Division or its designated representatives, pursuant to the duties and terms of this Agreement. L. Assume the responsibility for the direct payment of salaries, wages or other compensation for COUNTY employees performing services as set forth in this Agreement, except as otherwise specified. M. The COUNTY shall be free to enter into similar contractual agreements with other communities without obtaining approval from the CITY, so long as such arrangements do not impair performance of this Agreement by the COUNTY. N. The COUNTY may provide an Adoption program for all small animals impounded at the Royal Oak Animal Pound from the City of Royal Oak but not limited to the City of Royal Oak. II. DUTIES ASSUMED BY THE CITY. The City Agrees that during the term of this Agreement, they will perform the following duties: A. To provide in its entirety the present Royal Oak Animal Control building rent free to the COUNTY for the period of this Agreement. Included with the building, the CITY agrees to provide the following: 1. Security for the Building. -3- „ 2. Keys for all locks. 3. Liability insurance to cover the building and any injury to citizens while in the building. Said insurance is not to cover COUNTY employees. 4. Maintenance of said facility which includes, but in not limited to, the office interior cleaning, maintenance of the exterior of the building, snow removal, and grounds care. 5. Building repairs when necessary, both to the interior and exterior; however, COUNTY has the right, at its own expense, to remodel the interior without limitations are to remove, of necessary, the existing cages and replace them with cages belonging to the COUNTY, and make any necessary alterations to kennel areas including drains, etc.. 6. The CITY will provide, free of charge, to the COUNTY the following utilities for said facility: Heat, Lights and Gas. Further, the CITY will provide one (1) local telephone line. 7. The CITY will provide, free of charge, all cages and equipment presently contained in the facility. B. Operate, at no cost to the COUNTY, one (1) animal Control vehicle, the description of which is attached hereto as Exhibit F. Upon termination of this agreement or any subsequent agreement the vehicle will be retained by the COUNTY. In regard to this vehicle the CITY additionally promises to: 1. Provide gasoline to COUNTY Animal Control Vehicles at the same fee per gallon basis as is uniformly charged to other CITY governmental divisions, for which the CITY shall be reimbursed on an actual cost basis. 2. Provide Maintenance service for the COUNTY Animal Control vehicles stationed at said facility at the same rate basis as is charged to other CITY governmental divisions. -4- , • C. Maintain its Animal Ordinance for the period of this Agreement and, further, to consult with the COUNTY prior to initiating any changes in said Ordinance. The CITY will provide adequate copies of its Ordinance to the COUNTY and to promptly furnish the COUNTY with copies of all new ordinances, amendments or regulations. D. Agree that this service Agreement shall be governed by the policies, practices, fee schedules and operational procedures established by the Oakland County Board of Commissioners and the Oaldand County Division of Animal Control, as indicated in the "Service Profile" attached hereto as Exhibit A. E. The CITY understands that the provision of service above and beyond the "Service Profile" provided by the COUNTY (attached hereto) and contained elsewhere in this Agreement shall be at the option and expense of the CITY. F. The Royal Oak Police Department shall be responsible for "after hours" activities as specifically set forth in Exhibit G attached hereto. G. Prior to and during the term of this Agreement, the CITY shall take appropriate measures to publicize and inform its residents of this change in the service provided, as well as changes in the levels of service. H. The CITY shall provide the COUNTY with a complete list of its current dog census, including, but not limited to, the following information: 1. Owner's name and address. 2. License status: Date of issue and duration of license. 3. License number. The CITY shall be responsible for a yearly dog census as per State Law, P.A. 339 of -5- • t . ! 1919, and the information from the yearly census shall be provided to the COUNTY. I. The CITY shall agree that the COUNTY shall not be limited to use of the shelter for the CITY animals but shall be able to use same as needed bu the COUNTY for animals impounded in its service area. However, if the COUNTY enters into similar contractual agreements with other communities and impounds animals from those communities at the shelter, the CITY shall be reimbursed in a fair and reasonable manner for such service, with or without cause, upon serving notice of termination in writing upon the COUNTY, and such service will terminate immediately upon receiving notification. II. TERM OF AGREEMENT AND CONSIDERATION. A. It is mutually agreed that the term of this Agreement shall be five (5) years, said period commencing with the date of execution of this Agreement. Upon completion of the term of this renewal by written agreement of the parties. Failure by either party to comply with the material provisions of this 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. Furthermore, this agreement can be terminated by either party without cause by giving the other party notice of termination in writing on hundred twenty (120) days prior to the effective date of termination. B. It is mutually agreed that the revenue generated with respect to this Agreement shall be distributed as follows: 1. Revenue generated from the sale of City of Royal Oak Dog licenses shall accrue to the CITY. 2. Revenue generated from the Veterinarian Fees and vaccination fees shall accrue -6- to the CITY. 3. Revenue generated from the adoption of animals shall accrue to the CITY. 4. Revenue realized from District Court fines resulting from the enforcement of selected provisions of Royal Oak's Animal Ordinance by the COUNTY shall accrue to the CITY. 5. The CITY shall, on a quarterly basis, reimburse the COUNTY for any operational losses incurred in rendering service to the CITY. C. The CITY agrees to pay the COUNTY for the services provided under this Agreement in the manner described in Exhibit H. IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed by their respective duty authorized officers on the date and year first above written. WITNESSES: COUNTY OF OAKLAND OAKLAND COUNTY BOARD OF COMMISSIONERS John P. McCulloch, Chairperson OAKLAND COUNTY EXECUTIVE L. Brooks Patterson WITNESSES: CITY OF ROYAL OAK Dennis Cowan Mayor Mary C. Haverty City Clerk -7- EXHIBIT A SERVICES PROFILE If Oakland County Animal Control assumes the responsibility of the City of Royal Oak Animal Control, the following services will be provided in accordance with the State Dog Law of 1919, Public Act 339, MCLA 287.261, et seq; MSA 12.511, et seq; as amended. No additional ordinances will be enforced other than those so stated in the State Law P.A. 339. STATE DOG LAW P.A. 339 OF 1919 Leash law on dogs. Bite investigations (dog, cat, wildlife) and quarantine. Livestock at large. License enforcement. Patrolling and impoundment of stray dogs. Investigation of all animal bites and quarantine of animals. Impoundment of livestock straying on private property and public thoroughfares. Removal of dead animals from public highways. Impoundment of animals will be at the Royal Oak Shelter. Do not handle wildlife calls unless involved in a human bite. All wildlife calls are referred to Department of Natural Resources or private licensed trappers. HOURS AND EMERGENCY CALL OUTS Working Hours 8:00 a.m. - 4:00 p.m. Monday through Friday Emergency Calls After working hours and weekends and holidays handled through the City of Royal Oak Police Department (Arrangements to be worked out with the Police Department). II EXHIBIT B R325.40 RABIES ACT 146 - P. A. 1919 Reporting and Placarding: Cases of rabies in humans and animals shall be reported. Dog bites shall be reported. No placard is required. All laboratories in Michigan making examinations of dogs or other animals for rabies shall report the following data to the State Health Commissioner on the first day of the month following the examination: kind of dog, name and address of owner of dog, name and address of person submitting specimen, and date and results of examination. Cases and Suspected Cases: Whenever the body of a person having died of rabies, or a disease suspected of being rabies, is autopsied, or whenever a body is autopsied following death which may be attributed to administration of prophylactic rabies vaccine, the person making the autopsy shall be responsible for immediately transferring a portion of the hippocampus major and spinal cord to the Michigan Department of Health Laboratories in Lansing for pathological examination and animal inoculation. A history of the case shall accompany the specimen. U ) Dogs and Other Animals: Any dog or other animal that has bitten a person shall be held in confinement for a period of at least ten (10) days from the date the person was bitten. If the animal dies during the period of confinement, the head shall be sent to a laboratory for examination for evidence of rabies. ORDINANCE NO. 73-4 (As Amended) SECTION 2- DEFINITIONS: (a) "Dog shall mean any dog whether male, female, or unsexed. (b) "Vicious Dog" shall mean any dog which has attacked, injured or harmed any person whomsoever other than in justifiable defense of itself, its owner's person, property, or family. (c) "Owner", when applied to the proprietorship of a dog, shall include every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain in or about any premises occupied by him. (d) "Reasonable Control" shall mean keeping a dog on a suitable leash, cord, chain or rope of sufficient strength while under control of the owner, member of the owner's family or other responsible person who has owner's permission, in all cases other than while confined upon owner's property or while dog is confined in a closed automobile or shipping receptacle. . " SECTION 3- LICENSE REQUIRED. It shall be unlawful for any person to own, possess, keep or harbor any dog four (4) months of age or over without first having obtained a license therefore, or that does not at all times wear a collar or harness with a metal tag attached as hereinafter provided. SECTION & - BARKING OR DANGEROUS DOGS. (a) No person shall harbor or keep any dog which by loud, or frequent, or habitual barking, yelping or howling shall cause a serious annoyance to the neighborhood or to people passing to and fro upon the streets. (b) No person shall own or harbor a vicious dog or a dog that has been bitten by any animal known to have been afflicted with rabies. Any person who shall have in his possession a dog which has contracted or is suspected of having rabies, or which has been bitten by an animal suspected of being afflicted with rabies, or which has bitten any person, shall, upon demand of the Dog Warden or the Health Officer of the City, produce and surrender said dog to the said Dog Warden of Health Department of the City to be held for observation for a period of ten (10) days. Provided, that with the approval of the Health Department or Dog Warden, any such dog may be surrendered to a registered veterinarian or to any approved, non-profit corporation organized for the purpose of sheltering dogs, or may be confined for a period of ten (10) days at the owner's home. It shall be unlawful -13- for any person to remove or allow the removal from his premises of a dog so confined for observation without the written permission of the Health Officer or Dog Warden. Every owner, or person, upon ascertaining that a dog is rabid, shall immediately notify the Dog Warden or a Police Officer who shall eithr remove the dog to the pound or summarily destroy it. Whenever any dog is brought to the pound for having bitten a person, the Dog Warden may, if deemed necessary and after holding such dog for a sufficient length of time to meet the requirements of the Health Department, cause such dog to be destroyed as a vicious animal. SECTION 9- RUNNING AT LARGE. It shall be unlawful for: (a) Any owner of any female dog to permit said female dog to go beyond the premises of such owner when she is in heat, unless said female dog is held properly in leash, or (b) Any owner to allow any dog to stray beyond his premises unless under reasonable control as defined by this ordinance, or (c) Any owner to allow any dog to leave his premises under any conditions, unless such dog has been immunized against rabies, provided, nothing herein shall be interpreted to prevent an owner taking his dog to the offices of a veterinarian for purposes of having said dog immunized. I ) SECTION 10- CRUELTY. No person owning or harboring any dog, or any other person, shall treat a dog in a cruel or inhumane manner, or willfully or negligently cause or permit any dog to suffer unnecessary torture or pain. Failure to provide food, water, or shelter shall be construed as cruelty. SECTION 11- ANIMAL POUND. The City of Royal Oak shall provide and maintain a pound and it shall be the duty of the Dog Warden, or any other person employed by the City Manager for that purpose, and of any Police Officer of the City, to promptly seize, take up and place in said pound, all dogs that may be found running at large, or being kept or harbored any place within the City of Royal Oak contrary to the provisions of this ordinance. SECTION 12- POUND FEES. The owner of a dog impounded under the provisions of this ordinance may claim said dog by properly identifying himself as the owner of said animal, and upon meeting the following conditions: (a) Payment of an impounding fee, a boarding fee and such other fees shall be established by resolution of the City Commission. -15- (b) The showing of a dog license for said dog, or if such dog has no license, then the securing of such a license and the showing of proof of vaccination of said dog for rabies. It shall be the duty of the Dog Warden to destroy in a humane manner, and all impounded dogs which are not claimed and released within one (1) week after being impounded; provided however, if in his judgement, said dog is valuable or otherwise desireable for keeping, the Dog Warden may dispose of said dog to any reasonable person who will undertake to remove said dog within the City in accordance with the provisions of this Ordinance. The bodies of all dogs destroyed at the pound or elsewhere in the City shall be disposed of by the Dog Warden in manner approved by the Health Department. SECTION 13- DOG WARDEN. It shall be the duty of the Dog Warden or other person designated by the City Manager for the purpose, to make diligent inquiry as to the dogs owned, harbored, or kept, or kennels operated, in the City if Royal Oak, and whether such dogs and kennels are licensed. Any dog found unlicensed after April 15 of each year may be seized and impounded by the Dog Warden of other authorized person. If the owner or person harboring such dog be known, the Dog Warden or other officer shall file a complaint against said owner or person in the District Court; provided, however, the person owning or harboring such dog may in lieu of having his dog seized and impounded or having a complaint filed against him, pay the Dog Warden for the use of the City, a penalty of Three Dollars ($3.00), which penalty will be returned to the owner if within ten (10) days after payment of same he procures a license for such dog. -16- EXHIBIT D All animals that have known owner through a license tag or other identification. Owner will be contacted by phone or certified letter as to location of animal and how to claim said animal. In after seven (7) days from notification animal will be disposed of according to law. • •I 1 EXHIBIT E ACT 139 of 1974 (05/29/74) STATE OF MICHIGAN 77th LEGISLATURE REGULAR SESSION OF 1974 Introduced by Reps. Spencer and Hoffman ENROLLED HOUSE BILL NO. 5899 AN ACT to amend Section 8 of Act No. 224 of Public Acts of 1969, entitled "An act to license and regulate dealer in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts," as amended by Act No. 31 of Public Acts of 1973, being section 287.388 of the Compiled Laws of 1970. The People of the State of Michigan enact: Section 1. Section 8 of the Act No. 224 of the Public Acts of 1969, as amended by Act No. 31 of the Public Acts of 1973, being section 287.388 of the Complied Laws of 1970, is amended to read as follows: Section 8. A dealer, a county, city, village, or township operating a dog pound or animal shelter shall not sell or otherwise dispose of the dog or cat within 4 days after its acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the operator of the pound or shelter shall notify the owner in writing and disposition of the animal shall not be made within 7 days from the date of mailing the notice. Each operator of a pound or shelter shall be required to -18- 'II 4 1 maintain a record or each identifiable dog or cat acquired, indicating a basic description of the animal, the date it was acquired and under what circumstances. The record shall also indicate the date of notice sent to the owner of an animal and subsequent disposition. This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate dispoal. This act is ordered to take immediate effect. .• EXHIBIT F ANIMAL CONTROL VEHICLE One (1) 1995 GMC van with cage inserts. 11 0 , EXHIBIT G After hour emergency calls will be handled by the City of Royal Oak Police Department. This Division will furnish the Royal Oak Police Department with on-call officer for emergency call outs after hours. - ' DEFINITIONS "County" refers to the County of Oakland, a Michigan Constitutional Corporation. "City" refers to the City of Royal Oak, a Michigan Municipal Corporation. "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 Royal Oak Animal Pound by: (1) agents of animal control program and/or (2) action of residents of municipality under contract. "Bite Investigation" means any stray or owned animals from the City of Royal Oak 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. 1969, and any subsequent amendments thereto, and P.A. 187, 1969. "License Fees" means those charges to the owner of a dog which are claimed at the Animal Shelter in accordance with provisions of this contract. "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 consistent with provisions of this contract. "Veterinarian Fees" include all revenue collected by medical duties performed by the Oakland County consulting veterinarian. "Pick-up Fees" means impoundment fees charges rendered to an owner upon his application to reclaim an animal which, by action of a municipality, has been picked up and impounded. Such fees shall be determined consistent with provisions of this contract. "Public Highways: means main road or thoroughfare open to the use of the public or community. ell ) I 7 * Resolution #99134 May 27, 1999 The Chairperson referred the resolution to the Finance Committee. There were no objections. ... V 6 • FISCAL NOTE (MR #99134) June 10, 1999 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: PUBLIC SERVICES/ANIMAL CONTROL DIVISION - RENEWAL OF CITY OF ROYAL OAK ANIMAL CONTROL SERVICES AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the Miscellaneous Resolution and finds: 1. The City of Royal Oak is seeking to renew animal control services on a five-year agreement basis with the County. 2. The Oakland County Animal Control Division and the Department of Management and Budget, through a financial analysis, have found Oakland County to be in a position to accommodate the City of Royal Oak's request. 3. An agreement has been reached between the County and City officials regarding the scope of services and compensation. 4. The County would recover 100% of its costs for animal control services with the City of Royal Oak. 5. The resolution requests approval of the agreement for animal control services between the County and the City of Royal Oak. 6. The revenue and expenditures related to the contract renewal are included in the 1999/2000 biennial Budget, therefore requiring no budget amendments. 7. The contract has been approved by the County Executive's Contract Review Process. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. E FOREGOING RESOLU/ K-Y\' CA Date HEREBY L. Brooks Patt County Executive v V Resolution #99134 June 10, 1999 Moved by Millard supported by Amos the resolution be adopted. AYES: Gregory, Jensen, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 10, 1999 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand apd affixed the seal of the County of Oakland at Pontiac, Michigan this gth of June,,a999. G. William Caddell, County Clerk