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HomeMy WebLinkAboutResolutions - 2022.08.17 - 37543n BOARD OF COMMISSIONERS August 17, 2022 MISCELLANEOUS RESOLUTION #22-293 Sponsored By: Penny Luebs Public Services - Animal Shelter & Pet Adoption Center - Interlocal Agreement with the Oakland County Municipalities for 2023-2025 Services Chairperson and Members of the Board: WHEREAS it is the practice of the Oakland County Board of Commissioners to permit the Oakland County Animal Shelter and Pet Adoption Center to enter into interlocal agreements with local units of government for the purpose of boarding, rabies specimen preparation/transportation and disposal of animals; and WHEREAS the City of Berkley, City of Birmingham, City of Bloomfield Hills, Bloomfield Township, City of Hazel Park, City of Huntington Woods, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Rochester, City of Royal Oak, City of Southfield and Southfield Township have requested that the Oakland County Animal Shelter and Pet Adoption Center provides these services; and WHEREAS the rates are consistent with the rates in attached Animal Shelter Services and Disposal Interlocal Agreements; and WHEREAS the interlocal agreements have been through the Board of Commissioner review process. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached interlocal agreements with the City of Berkley, City of Birmingham, City of Bloomfield Hills, Bloomfield Township, City of Hazel Park, City of Huntington Woods, City of Lathrup Village, City of Madison Heights, City of Oak Park, City of Rochester, City of Royal Oak, City of Southfield and Southfield Township for the purpose of boarding, rabies specimen preparation/transportation and disposal of animals. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to sign the agreements. BE IT FURTHER RESOLVED the new rates will have a nominal effect on revenues and therefore a budget amendment is not required. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Penny Luebs. David Woodward, Commissioner Date: August 17, 2022 Date: August 18, 2022 Hilarie Chambers, Deputy County Executive II Date: August 19, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-08-09 Public Health & Safety - Recommend to Board 2022-08-17 Full Board VOTE TRACKING Motioned by Commissioner Charles Cavell seconded by Commissioner Michael Gingell to adopt the attached Interlocal Agreement: with the Oakland County Municipalities for 2023-2025 Services. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, Yolanda Smith Charles, Charles Cavell; Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS 1. 2023 2025 Interlocal Agreements with OC municipalities STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 August 17, 2022, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Wednesday, August 17, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds ANIMAL SHELTER SERVICES AND DISPOSAL This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF BERKLEY, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF BERKLEY whose principal address is 3338 Coolidge Hwy., Berkley, Michigan 48072, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2, Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Count means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption 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 MUNCIPALITIES under contract. 1.7. Owned Animals and Give Un Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. 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. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1,11. Impounding Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12, Euthanasia means the humane destruction of animals. 1,13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shalt make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 1$ 25.00 2024 1 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 1 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 1 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 n 2025 $110,00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees'as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLQCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its'own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that -the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 1 LCOMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. §13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.17ORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. §15.IN-KIND SERVICES. This agreement does not authorize, any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § 17.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. 19.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or -plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2LAGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Daniel Terbrack, Mayor, City of Berkley, hereby acknowledges that he/she has been authorized by a resolution of the City of Berkley, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Daniel Terbrack, Mayor City of Berkley Victoria Mitchell, Clerk City of Berkley DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF BIRMINGHAM, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF BIRMINGHAM whose principal address is 151 Martin Street, P. O. Box 3001, Birmingham, Michigan 48009, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement, for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs; cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANIMAL SHELTER SERVICES AND DISPOSAL 1NTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF BLOOMFIELD HILLS, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF BLOOMFIELD HILLS whose principal address is 45 East Long Lake Road, Bloomfield Hills, Michigan 48304, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this. Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement, for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Count V means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Imuounded Small Animals means all dogs; cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption 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 MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required Holdine Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 2.87, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11, Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Soecimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2, The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as maybe required by applicable. law. , 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shallprovide 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11, The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the IvMUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 1$105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 1 $105.00 4 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens'tumed in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shallbe entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or' cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has.failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY (fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § I LCOMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. §12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13. RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. ' § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § 17.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or pluratnumber, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required bylaw or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Susan McCarthy, Mayor, City of Bloomfield Hills, hereby acknowledges that he/she has been authorized by a resolution of the City of Bloomfield Hills, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Susan McCarthy, Mayor City of Bloomfield Hills Amy L. Burton, Clerk City of Bloomfield Hills DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (F. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required Holdine Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13, Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken. from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5, The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall, 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held, the required holding period will be: 2023 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 1 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1 $100.00 2024 $105.00 2025 1 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations., 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 19 2025 $110,00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens, turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will,be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense ofthose acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any fundsadvanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY,fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving. Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to,'the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to.the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14. FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts' of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. , § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § 17.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive, use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Therese Longe, Mayor, City of Birmingham, hereby acknowledges that he/she has been authorized by a resolution of the City of Birmingham, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Therese Longe, Mayor City of Birmingham Alexandria Bingham, Clerk City of Birmingham FORIN IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF HAZEL PARK, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF HAZEL PARK whose principal address is I I I East Nine Mile Road, Hazel Park, Michigan 48030, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban'Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Count V means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF HUNTINGTON WOODS, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF HUNTINGTON WOODS whose principal address is 26815 Scotia Road, Huntington Woods, Michigan 48070, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Counly means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. L5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (1'. A. 146; 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give UD Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. 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. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Imuoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Sueeimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transuorted means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not'have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 31. The MUNICIPALITY shall supply to'tlie COUNTY all necessary dog licenses certificates, dog license tags, receipt ,forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: . 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 1 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 4.3. M HR 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous monlh's operations. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 4 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this, agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section, §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County., Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11.COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 11RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.17ORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § I TNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §21.AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized. by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured albapprobals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Robert F. Paul III, Mayor, City of Huntington Woods, hereby acknowledges that he/she has been authorized by a resolution of the City of Huntington Woods, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: 1�dII1�I�.Xy�� Robert F. Paul III, Mayor City of Huntington Woods Heidi Barckholtz, Clerk City of Huntington Woods DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption 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 MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required Holdine Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969, 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1,12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. L 16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy; sick, altered and/or unaltered. They may or may not have a caregiver but do not, have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following; 2.1. The COUNTY shall comply with the animal 'regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. ' 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law.. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to -the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 2024 1$ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23,00 2024 $ 23.00 2025 1 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations: 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $ I 10.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 $105.00 10 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days, prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY hasfailed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to'the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rates, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14. FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. , A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § ITNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement, are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20,GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §21.AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties, to the terms and conditions contained herein. IN WITNESS WHEREOF, Michael Webb, Mayor, City of Hazel Park, hereby acknowledges that he/she has been authorized by a resolution of the City of Hazel Park, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Michael Webb, Mayor City of Hazel Park James Finkley, Clerk City of Hazel Park DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: F DATE: Dave Woodward, Chairperson Oakland County' Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland I ANIMAL' SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF LATHRUP VILLAGE, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF LATHRUP VILLAGE whose principal address is 27400 Southfield Road, Lathrup Village, Michigan 48076, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. , 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANtMAL' SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF MADISON HEIGHTS, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF MADISON HEIGHTS whose principal address is 300 West Thirteen Mile Road, Madison Heights, Michigan 48071, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise.. 1.3. Coun means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers; and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at I t:59 p.m. 1.5. Animal Shelter and Pet Adontion Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption 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 MUNCIPALITIES under contract. 1.7. Owned Animals and Give Un Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. 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. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impounding Fees means pick-up fee'charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transuorted means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy,, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. , 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 1$ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 1$ 7.00 3• 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 13 2025 $ 110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be indirect relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in 5, service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or -any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its.payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, N labor disputes, civil disturbances, reduction of power, source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. §16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § 17.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §21.AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents, the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Roslyn Grafstein, Mayor, City of Madison Heights, hereby acknowledges that he/she has been authorized by a resolution of the, City of Madison Heights, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Roslyn Grafstein, Mayor City of Madison' Heights Cheryl E. Rottman, Clerk City of Madison Heights DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (F. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Un Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. Bite Case means any stray or owned animal from the contracted service area requiring quarantine or observation by order of the Oakland CountyDepartment of Health or their authorized representative. 1.9. Reauired Holdinu Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1,11. Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of aceording'to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 1$ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 . $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00, 2025 1$ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 18 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1 $100.00 2024 1$105.00 2025 $110.00 Such fees shall be payable monthly by, the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreementshall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. hi the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to ferminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to,set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § I0,NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. §1 LCOMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall famish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. §14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonablemotice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § I TNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use'of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO .JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §21.AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 7 IN WITNESS WHEREOF, Kelly Garrett, Mayor, City of Lathrup Village, hereby acknowledges that he/she has been authorized by a resolution of the City of Lathrup Village, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Kelly Garrett, Mayor City of Lathrup Village Yvette Talley, Clerk City of Lathrop Village DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF OAK PARK, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF OAK PARK whose principal address is 14000 Oak Park Boulevard, Oak Park, Michigan 48237, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124,501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks,, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Countv means Oakland County, a Municipal, and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Imuounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF ROCHESTER, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF ROCHESTER whose principal address is 400 Sixth Street, Rochester, Michigan 48307, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Coun means Oakland County, a Municipal, and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (1'. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required Holdine Period shall be in'accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe, outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall famish 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. 3.3. The MUNICIPALITY shall be responsible. for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 2024 $ 9.00 2025 1 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110,00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 1$110.00 Such fees shall be payable monthly by,the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 1 $105.00 2025 $110,00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and' assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13. RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. §14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. §16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § I TNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions; and indexes shall not be interpreted or be considered as part of this agreement. Any use,of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Stuart A. Bikson, Mayor; City of Rochester, hereby acknowledges that he/she has been authorized by a resolution of the City of Rochester, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: DATE: Stuart A. Bikson, Mayor City of Rochester WITNESSED: DATE: Lee Ann O'Connor, Clerk City of Rochester IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (1', A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Reouired Holdine Period shall be in,accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969, 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impounding Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carryout the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Centerby residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law: 2.7. Prior to release by the COUNTY to residents'of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 2024 1 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering'the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 [! 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § I LCOMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § ITNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19.CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions,, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §21.AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must bd in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Marian McClellan, Mayor, City of Oak Park, hereby acknowledges that he/she has been authorized by a resolution of the City of Oak Park, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. ' EXECUTED: WITNESSED: Marian McClellan, Mayor City of Oak Park Ed Norris, Clerk City of Oak Park DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF ROYAL OAK, (hereafter ",AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF ROYAL OAK whose principal address is 203 South Troy Street, Royal Oak, Michigan 48067, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Count V means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CITY OF SOUTHFIELD, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CITY OF SOUTHFIELD whose principal address is 26000 Evergreen Road, P. O. Box 2055, Southfield, Michigan 48037, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. Countv means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE CHARTER TOWNSHIP OF BLOOMFIELD, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the CHARTER TOWNSHIP OF BLOOMFIELD whose principal address is 4200 Telegraph Road, P. O. Box 489, Bloomfield Hills, Michigan 48303, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. 1.2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members; council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (F. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7, Owned Animals and Give Un Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. 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. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Impounding Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. , 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1,14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is 'a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as maybe required by applicable- law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be'paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on,its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 1 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 1 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $ t 05.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 4 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 1$105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations: 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its'own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that,the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims agaihst the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. §12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or govemmental authorization to the requesting Party. § 13.RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § ITNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural'number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE, This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Dani Walsh, Township Supervisor, Charter Township of Bloomfield, hereby acknowledges that he/she has been authorized by a resolution of the Charter Township of Bloomfield, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Dani Walsh, Township Supervisor Charter Township of Bloomfield Martin Brook, Clerk Charter Township of Bloomfield DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (1'. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Up Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. L9. Required Holding Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 2.87, 1969. 1,10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Imuoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Specimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transported means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to Xhe terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY.and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable, law. , 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 1 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens'turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set .forth above are subject to adjustment during the term of this Agreement, Such adjustment will 'be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shallbe entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY'fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law'. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. §12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13. RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. ' § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § I TNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural,number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the,applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Kenson J. Siver, Mayor, City of Southfield, hereby acknowledges that he/she has been authorized by a resolution of the City of Southfield, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Kenson J. Siver, Mayor City of Southfield Sherikia L. Hawkins, Clerk City of Southfield DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (F. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Un Animals means any animal from any area released directly to the COUNTY by the owners or any persons) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required HoldingPeriod eriod shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1.11. Imuoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Suecimen means brain tissue taken from an animal suspected of being rabid. 1.15. Transuorted means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Communitv Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain' office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. , 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shalt 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3. L The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held, the required holding period will be: 2023 1$ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00. 2024 1 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1 $100.00 2024 $105.00 2 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations, 4.7. Fees for transport of rabies specimens,turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.8. MUNICIPALITY agrees that the fees as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will,be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall, be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those, acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY,fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph are available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § 11. COMPLIANCE WITH LAWS. Each Parry shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed tinder this Agreement, including, but not limited to,'the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 13. RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.17ORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. , § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. §17.NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive, use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2 1. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supersedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Michael Fournier, Mayor, City of Royal Oak, hereby acknowledges that he/she has been authorized by a resolution of the City of Royal Oak, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: Michael Fournier, Mayor City of Royal Oak Melanie Halas, Clerk City of Royal Oak DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland ANIMAL SHELTER SERVICES AND DISPOSAL INTERLOCAL AGREEMENT This COUNTY OF OAKLAND AGREEMENT TO PROVIDE ANIMAL CARE SERVICES FOR THE TOWNSHIP OF SOUTHFIELD, (hereafter "AGREEMENT") is made and entered into by and between Oakland County, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341, hereinafter referred to as "COUNTY," and the TOWNSHIP OF SOUTHFIELD whose principal address is 18550 West Thirteen Mile Road, Southfield Township, Michigan 48025, hereinafter referred to as "MUNICIPALITY." In this Agreement the COUNTY and the MUNICIPALITY may also be referred to individually as "PARTY" or jointly as "PARTIES." PURPOSE OF AGREEMENT Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501 et seq., the COUNTY and the MUNICIPALITY enter into this Agreement for the purpose of providing the MUNICIPALITY with assistance in the enforcement of the animal laws and regulations of the State of Michigan. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: § 1. DEFINITIONS The following words and expressions used throughout this Agreement, whether used in singular or plural, within or without quotation marks, or possessive or nonposessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terns and conditions of this Agreement, any Exhibits attached hereto, and any other mutually agreed to written and executed modification, amendment, addendum, or change order. L2. Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action, proceeding, judgement, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses and amounts paid in settlement, which are imposed on, incurred by, or asserted against the County, its employees or agents, whether such claim is brought in law or equity, tort, contract, or otherwise. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such person's successors. 1.4. Dav means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Animal Shelter and Pet Adoption Center means a facility owned and operated by the COUNTY to care for impounded animals. 1.6. Impounded Small Animals means all dogs, cats, wildlife (excluding live, healthy skunks), rodents and all other animals commonly kept as domestic pets which are impounded and confined at the Animal Shelter and Pet Adoption Center by: (1) agents of MUNICIPALITIES carrying out rabies program (F. A. 146, 1919) and animal control programs and/or (2) action of residents of MUNCIPALITIES under contract. 1.7. Owned Animals and Give Uri Animals means any animal from any area released directly to the COUNTY by the owners or any person(s) having proper custody thereof. 1.8. 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 their authorized representative. 1.9. Required Holdine Period shall be in accordance with the provisions of P. A. 224, 1969, and any subsequent amendments thereto, and P. A. 287, 1969. 1.10. License Fees means those charges to the owner of a dog which are claimed at the Animal Shelter an Pet Adoption in accordance with contracted MUNICIPALTIES' policies, practices, and procedures. 1,11. Impoundine Fees means pick-up fee charges, determined by the contracted MUNICIPALITY'S ruling agent, rendered to an owner upon his application to reclaim an animal which, by action of a MUNICIPALITY, has been impounded. 1.12. Euthanasia means the humane destruction of animals. 1.13. Rabies means an infectious disease of certain animals, especially dogs, communicated to man by direct inoculation, as by bite or an infected animal. 1.14. Rabies Suecimen means brain tissue taken from an animal suspected of being rabid. 1.15, Transuorted means the delivery by the COUNTY of a rabies specimen to the Michigan State Laboratory in Lansing. 1.16. Community Cat is a term used to describe outdoor unowned free -roaming cats. These cats could be friendly, feral, adults, kittens, healthy, sick, altered and/or unaltered. They may or may not have a caregiver but do not have an owner. §2. COUNTY RESPONSIBILITIES' Subject to the terms and conditions contained in this Agreement, and applicable changes in law, the COUNTY shall carry out the following: 2.1. The COUNTY shall comply with the animal regulation laws of the State of Michigan, those being P.A. 339, 1919 as amended. 2.2. The COUNTY shall Provide proper food, water, shelter, and humane care for all stray and give- up animals impounded by the MUNCIPALITY and such animals that are brought to the COUNTY'S Animal Care Center by residents of the MUNICIPALITY until they are placed or otherwise humanely disposed in accordance with applicable laws, consistent with the provisions of this Agreement. 2.3. The COUNTY shall provide proper food, water, shelter, and humane care for any small animal, which is suspected of infection with rabies,, quarantined by MUNICIPALITY for such a period of time as may be required by applicable law. 2.4. The COUNTY shall make every effort to maintain office hours at the COUNTY'S Animal Shelter and Pet Adoption Center suitable 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. 2.5. The COUNTY shall make every effort to notify owners of identifiable impounded animals, by telephone or mail consistent with the COUNTY'S procedures. 2.6. Upon completion of the required holding period, impounded animals become the property of the COUNTY and may be disposed of according to law. 2.7. Prior to release by the COUNTY to residents of the MUNICIPALITY, the COUNTY shall vaccinate all dogs of required vaccination age against rabies within the legally required time. No dog shall be released to a resident until a dog license has been obtained. 2.8. The COUNTY shall 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. If the local dog license is not provided to the County for sale, an Oakland County dog license will be sold. 2.9. The COUNTY shall provide for the collection of impoundment fees. All impoundment fees and license fees shall be paid over by the COUNTY to the MUNICIPALITY within a time period not to exceed one (1) month. 2.10. The COUNTY shall retain all vaccination and veterinarian fees and proceeds from adoption of animals. 2.11. The COUNTY shall keep proper financial records and account to the MUNICIPALITY monthly for all fees collected on,its behalf. The COUNTY will permit the MUNICIPALITY at all reasonable times to inspect COUNTY records maintained pursuant to this agreement. 2.12. The COUNTY shall accept and dispose of all small dead animals picked up in the MUNICIPALITY by an Animal Control agent or resident and turned over to the COUNTY consistent with this Agreement. §3. MUNICIPALITY RESPONSIBILITIES 3.1. The MUNICIPALITY shall supply to the COUNTY all necessary dog licenses certificates, dog license tags, receipt forms, etc; to enable the COUNTY to carry out its licensing duties under this agreement. 3.2. The MUNICIPALITY shall 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. 3.3. The MUNICIPALITY shall be responsible for any community cat program(s) sponsored by the MUNICIPALITY within their jurisdiction. §4. FINANCIAL RESPONSIBILITIES The MUNICIPALITY agrees to pay the following fees to the COUNTY for its services under this agreement: 4.1. A boarding fee per day for each animal impounded by action of the MUNICIPALITY and housed or accepted by the County will be: 2023 $ 25.00 2024 $ 26.00 2025 $ 27.00 4.2. Such fees shall be limited to the required holding period as set forth by the MUNCIPALITY, fees For the destruction and disposal of each animal held the required holding period will be: 2023 1 $ 7.00 2024 $ 9.00 2025 $ 10.00 Such fees shall be payable monthly by the MUNCIPALITY upon receipt of an invoice from the COUNTY covering .the previous month's operations. 4.3. Fees for each dead animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 1$ 23.00 2024 $ 23.00 2025 $ 24.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.4. Fees for each live small give -up animal turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.5. Fees for each live rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.6. Fees for each dead rabies specimen turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 1$105.00 18 2025 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations. 4.7. Fees for transport of rabies specimens turned in from an Animal Control agent or resident from the MUNICIPALITY will be: 2023 $100.00 2024 $105.00 2025 1 $110.00 Such fees shall be payable monthly by the MUNICIPALITY upon receipt of an invoice from the COUNTY covering the previous month's operations: 4.8. MUNICIPALITY agrees that the fees ,as set forth above are subject to adjustment during the term of this Agreement, Such adjustment will be in direct relationship to any general county salary increase by the Oakland County Board of Commissioners. In no instance shall the fee be greater than the percentage salary increase. Provided, that if the COUNTY shall decide to increase said fees, it shall give thirty (30) days prior notice to the MUNCIPALITY, and the MUNCIPALITY shall have the right to terminate this agreement forthwith by giving written notice of such termination to the Oakland County Executive within said thirty (30) day period. §5. DURATION OF INTERLOCAL AGREEMENT 5.1. It is mutually agreed that the term of this agreement shall be effective October 1, 2022 and expiring September 30, 2025 inclusive. The agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party, and when the agreement is filed according to MCL 124.510. The approval and terms of this agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. 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. §6. ASSURANCES 6.1. Each Party shall be responsible for its ,own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. The COUNTY shall not be liable for any consequential, incidental, indirect, or special damages in connection with this agreement. 6.3. The Parties agree that the COUNTY's Animal Care Center, land and building, shall be owned exclusively by the COUNTY and that,the MUNICIPALITY shall have no proprietary interest whatsoever in said care center. It is also understood that the payments made by the MUNCIPALITY to the COUNTY pursuant to this agreement are made solely in consideration of the services to be performed under this agreement. §7. TERMINATION OR CANCELLATION OF AGREEMENT 7.1. Either Party may terminate or cancel this agreement for any reason upon thirty (30) days written notice. The effective date for termination or cancellation shall be clearly stated in the notice. In the event of any termination or cancellation, any funds advanced to the COUNTY shall be payable in service only. Notices given under this agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class 7.2. The parties shall not be obligated to pay a cancellation or termination fee, if this agreement is terminated as provided herein. §8. SUSPENSION OF SERVICES. Upon notice to MUNICIPLALITY, the COUNTY may immediately suspend this agreement, if the MUNICIPALITY has failed to reasonably comply, within the COUNTY'S discretion, with federal, state, or local law, or any requirements contained in this agreement. The right to suspend services is in addition to the right to terminate or cancel this agreement. The COUNTY shall not incur penalty, expense or liability if services are suspended under this Section. §9. RIGHT TO SET OFF. Should the MUNICIPALITY fail, for any reason, to timely pay the County the amounts required under this Agreement, the MUNICIPALITY agrees that upon notice from the Oakland County Treasurer to the Treasurer of the State of Michigan (or any other State of Michigan official authorized to disburse funds to the MUNICIPALITY), the State of Michigan is authorized to withhold any funds due the MUNICIPALITY from the State, and assign those funds to partially or completely offset any deficiency by the MUNICIPALITY to the County. Such funds shall be paid directly to the County. Further, the MUNICIPALITY waives any claims against the State or County, or their respective officials, for any such amounts paid to the County. Should the MUNICIPALITY fail for any reason to timely pay the County the amounts required under this Agreement, the County Treasurer shall be entitled to set-off and retain any amounts due the MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other source of funds due the MUNICIPALITY in the possession of the County, to partially or completely offset any deficiency by the MUNICIPALITY, unless expressly prohibited by law. Such a transfer shall be considered an assignment by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any claims against the County, or its officials, for any such amounts paid to the County. Neither of these provisions shall operate to limit in any way the County's right to pursue any other legal remedies against the MUNICIPALITY for the reimbursement of amounts due the County under this Agreement. The remedies in this paragraph axe available to the County on an ongoing and successive basis, as the MUNICIPALITY becomes delinquent in its payments. § 10.NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties, this agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation, and/or any other right, in favor of any other person or entity. § I LCOMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement, including, but not limited to, the policies, procedures, rules and regulations attached as Exhibits to this agreement, and properly promulgated amendments to those Exhibits. § 12.PERMITS AND LICENSES. Each Party shall be responsible for obtaining and maintaining, throughout the term of this agreement, all licenses, permits, certificates, and governmental authorizations necessary to perform all its obligations under this agreement. Upon request, a Party shall furnish copies of any permit, license, certificate or governmental authorization to the requesting Party. § 11RESERVATION OF RIGHTS. This agreement does not, and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. § 14.FORCE MAJEURE. Each Party shall be excused from any obligations under this agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control, including, but not limited to, an act of God, war, acts of government (other than the Parties'), fire, strike, labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. § 15.IN-KIND SERVICES. This agreement does not authorize any in -kind services, unless previously agreed to by the Parties and specifically listed herein. § 16.DELEGATION/SUBCONTRACT/ASSIGNMENT. A Party shall not delegate, subcontract, and/or assign any obligations or rights under this agreement without the prior written consent of the other Party. A delegation, subcontract and/or assignment made without the prior written consent of the other Party is void. § I TNO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this agreement. No waiver of any term, condition, or provision of this agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this agreement. No waiver by either Party shall subsequently effect its right to require strict performance of,this agreement. § 18. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of this agreement to be illegal or invalid, then the term, or condition, shall be deemed severed from this agreement. All other terms, conditions, and provisions of this agreement shall remain in full force. § 19. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this agreement are intended for the convenience of the reader and are not intended to have any substantive meaning. The numbers, captions, and indexes shall not be interpreted or be considered as part of this agreement. Any use of the singular or,plural'number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this agreement shall be deemed the appropriate plurality, gender or possession as the context requires. §20.GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. §2LAGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, recessions, waivers, or releases to this agreement must be in writing and agreed to by both Parties. Unless otherwise agreed, the modification, amendment, recession, waiver, or release shall be signed by the same persons who signed the agreement or other persons as authorized by the Parties' governing body. §22.ENTIRE AGREEMENT. This agreement represents the entire agreement and understanding between the Parties. This agreement supercedes all other oral or written agreements between the Parties. The language of this agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, James O'Reilly, Township Supervisor, Township of Southfield, hereby acknowledges that he/she has been authorized by a resolution of the Township of Southfield, a certified copy of which is attached, to execute this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Agreement. EXECUTED: WITNESSED: James O'Reilly, Township Supervisor Township of Southfield Eileen Harryvan, Clerk Township of Southfield DATE: DATE: IN WITNESS WHEREOF, Dave Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of the Oakland County, and hereby accepts and binds the Oakland County to the terms and conditions of this Agreement. EXECUTED: DATE: Dave Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland