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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. <{- - (~ SUBJECT: Contract Renewal with Town of Hillsborough for Animal Control and Emergency Animal After Hours Call Services DEPARTMENT: Animal Services Department PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contract INFORMATION CONTACT: Bob Marotto, Animal Service Director, 986-2287 PURPOSE: To approve a contract renewal to provide the Town of Hillsborough with animal control and emergency animal after hour call services for FY 2009-10. BACKGROUND: The proposed contract renewal has been developed and reviewed with the Town of Hillsborough to provide for the continuation of animal control services and emergency animal after hour call services by the County to the Town during FY 2009-2010. Following a review by the Animal Services Department, the Budget Department and the Town, the parties have agreed to a set fee for this service in the amount of $19,421, effective July 1, 2009. This is the same fee as for FY 2008-09 because the Town of Hillsborough requested the final years of phase-in for full cost recovery be delayed given their budgetary constraints. Staff is in agreement with this deferral given the good faith the Town has shown in this process and the importance of this agreement in stabilizing service to the Town. The service fee covers direct operating cost, overtime costs and half the Hillsborough portion of an Animal Control Officer's wages and benefits. There is a shared expectation between the County and the Town that there will continue to be steady movement toward full cost recovery after FY 2009-10. The principal responsibility of Animal Control Officers will be the enforcement of the County's animal control. ordinance within Hillsborough between 8:00 a.m. and 5:00 p.m. Monday through Friday. Outside these regular business hours Animal Control Officers will provide on call service in relation to rabies suspects, dangerous animals, animal injuries, and other emergency situations. Such on call service will be provided from 5:00 p.m. to 8:00 a.m. Monday through Friday, and on a 24 hour basis on Saturday and Sunday and Holidays. FINANCIAL IMPACT: The proposed contract renewal will provide revenue to the County in the amount of $19,421 for FY2009-2010. RECOMMENDATION (S): The Manager recommends that the Board approve the contract renewal and authorize the Chair to sign the contract subject to final review and approval by the County Attorney. NORTH CAROLINA ORANGE COUNTY ANIMAL CONTROL AND PROTECTION SERVICES AGREEMENT This Animal Control and Protection Services Agreement is entered into by and between Orange County, North Carolina, (hereinafter the "County"); and the Town of Hillsborough, North Carolina (hereinafter the "Town") as of the 1St day of July 2009. WHEREAS, the Town desires that the County provide animal control and emergency after hour calls services within the Town during the 2009-2010 fiscal year; and WHEREAS, the County desires to provide animal control and emergency animal calls services within the Town during the 2009-2010 fiscal year; and WHEREAS, the Town Board of Commissioners has previously adopted a resolution authorizing the County to enforce the County's "Animal Control Ordinance" (the "Ordinance") within the jurisdictional limits of the Town; and WHEREAS, the Town Board of Commissioners desires that the County continue to enforce the County's Ordinance within the jurisdictional limits of the Town; and WHEREAS, the Town has, and hereby does, designate the Orange County Animal Services Director to be responsible for determining when a dog located within the Town is a "potentially dangerous dog" pursuant to N.C. Gen. Stat. § 67.4.1; and WHEREAS, the Town has, and hereby does, designate the Appeals Committee established by Section 5 of the "Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board" to hear any appeals for a "potentially dangerous dog" determination pursuant to N.C. Gen. Stat. § 67-4.1. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: Designation of Office of Animal Control. (i) The Town shall and hereby does designate Orange County's Animal Services Center as its "Office of Animal Control," (hereafter"the OAC"). (ii) The County will designate and schedule one (1) Animal Control Officer employed by the County (hereafter the "ACO") to respond to emergency and routine animal service calls within the Town. 4 (iii) The ACO shall provide animal control and protection services to the Town during the hours of 8:00 am through 5:00 pm, Monday through Friday. (iv) The scheduled on-call ACO will respond to emergency after hour calls as described below. 2. A. Hillsborough Animal Control And Protection Services (i) During the hours of 8:00 am through 5:00 pm, Monday through Friday the ACO will respond to all routine and emergency animal services calls related to animals located within the Town. (ii) All service calls received and/or responded to on behalf of the Town under this Agreement will be handled in accordance to the County's Animal Control Ordinance, North Carolina General Statutes pertaining to animals and policies developed by Orange County Animal Services. (iii) The OAC will receive animal service calls during the hours noted in Section 1 above. (iv) A quarterly report listing the number and types of calls handled by OAC within the Town limits will be forwarded to the Hillsborough Police Department. (v) All County employees responding to service calls under this agreement will receive training pertaining to the County's Animal Control Ordinance. (vi) The County agrees to provide adequate personnel and equipment to respond to calls as required by this Agreement. (vii) If the designated ACO who is responsible for the provision of services under this Agreement to the Town of Hillsborough is on leave as a result of illness, vacation, etc., then the County will only respond to emergency service calls within the Town between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 2. B. Hillsborough Emergency After Hour Call Services (i) After hour call service hours are from 5:00 pm to 8:00 am Monday through Friday and all holidays and weekends. (ii) The County shall provide trained, qualified personnel to respond to calls for after hour service within the Town by going to the scene when necessary to protect and preserve the health and safety of the public and the life and health of animals. (iii) Qualified personnel of the County shall, when necessary and proper in the judgment of County personnel, provide first aid treatment and/or take animals requiring care to veterinary facilities according to County policy. When immediate veterinary care is not needed in the judgment of County personnel, an animal may be taken to the County' Animal Services Center. Sick and injured animals will be handled according to the Shelter operating policy. (iv) The County may, in its discretion, bear the cost of emergency care and shelter costs for animals that do not appear to have an owner or keeper, or where the owner or keeper can be identified, charge the owner or keeper with the cost of emergency care and shelter costs of the animals consistent with the County operating policy. (v) County employees or their designees shall attempt to contact at a time which is reasonable under the circumstances in each situation, the owner or custodian of each animal involved in an emergency requiring the assistance of the County Animal Services Center. . (vi) Where Town Public Safety and/or Town officers are also on the scene of an animal-related emergency, the County personnel shall cooperate with Town personnel in matters involving safety of persons and/or enforcement of the County's animal control ordinance, and/or North Carolina General Statutes pertaining to animals. 3. Upon receipt of invoice for the services of Animal Control and Emergency After Hour Calls, the Town shall make one payment on July 1St of each year to the County in the amount of Nineteen Thousand Four Hundred and Twenty One Dollars and 00/100 ($19,421.00). 4. This Agreement shall be in effect for the period beginning July 1, 2009 and ending June 30, 2010, subject to annual renewal as negotiated and agreed upon by both parties in writing. 5. Either party may terminate this Agreement for any reason by providing the other party 30 days written notice of intention to terminate the Agreement. 6. The Town will indemnify and hold the County harmless for any and all claims, demands or actions whatsoever arising from the County's provision of services under this Agreement unless the same results from the intentional or negligent conduct of the County. It is the intent of this Section 6 that the Town indemnify the County to the fullest extent permitted by law. In witness whereof, the parties hereunto cause this agreement to be executed in their respective names to become effective on the date hereinabove written. Orange County, North Carolina By: Valerie P. Foushee, Chair, Board of Commissioners Town of Hillsborough, North Carolina By: Eric Peterson, Town Manager By: Clarence F. Birkhead, Town of Hillsborough Chief of Police Approved as to technical content: Department Director Approved as to form and legal sufficiency: County Attorney This instrument has been pre-audited in the manner required by the Local Government Fiscal and Control Act. Finance Officer, Town of Hillsborough UG-o~-~~° S' yk NORTH CAROLINA ORANGE COUNTY ANIMAL CONTROL AND PROTECTION SERVICES AGREEMENT This Animal Control and Protection Services Agreement is entered into by and between Orange County, North Carolina, (hereinafter the "County"); and the Town of Hillsborough, North Carolina (hereinafter the "Town") as of the 1St day of July 2009. WHEREAS, the Town desires that the County provide animal control and emergency after hour calls services within the Town during the 2009-2010 fiscal year; and WHEREAS, the County desires to provide animal control and emergency animal calls services within the Town during the 2009-2010 fiscal year; and WHEREAS, the Town Board of Commissioners has previously adopted a resolution authorizing the County to enforce the County's "Animal Control Ordinance" (the "Ordinance") within the jurisdictional limits of the Town; and WHEREAS, the Town Board of Commissioners desires that the County continue to enforce the County's Ordinance within the jurisdictional limits of the Town; and WHEREAS, the Town has, and hereby does, designate the Orange County Animal Services Director to be responsible for determining when a dog located within the Town is a "potentially dangerous dog" pursuant to N.C. Gen. Stat. § 67.4.1; and WHEREAS, the Town has, and hereby does, designate the Appeals Committee established by Section 5 of the "Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board" to hear any appeals for a "potentially dangerous dog" determination pursuant to N.C. Gen. Stat. § 67-4.1. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: Designation of Office of Animal Control. (i) The Town shall and hereby does designate Orange County's Animal Services Center as its "Office of Animal Control," (hereafter"the OAC"). (ii) The County will designate and schedule one (1) Animal Control Officer employed by the County (hereafter the "ACO") to respond to emergency and routine animal service calls within the Town. (iii) The ACO shall provide animal control and protection services to the Town during the hours of 8:00 am through 5:00 pm, Monday through Friday. (iv) The scheduled on-call ACO will respond to emergency after hour calls as described below. 2. A. Hillsborough Animal Control And Protection Services (i) During the hours of 8:00 am through 5:00 pm, Monday through Friday the ACO will respond to all routine and emergency animal services calls related to animals located within the Town. (ii) All service calls received and/or responded to on behalf of the Town under this Agreement will be handled in accordance to the County's Animal Control Ordinance, North Carolina General Statutes pertaining to animals and policies developed by Orange County Animal Services. (iii) The OAC will receive animal service calls during the hours noted in Section 1 above. (iv) A quarterly report listing the number and types of calls handled by OAC within the Town limits will be forwarded to the Hillsborough Police Department. (v) All County employees responding to service calls under this agreement will receive training pertaining to the County's Animal Control Ordinance. (vi) The County agrees to provide adequate personnel and equipment to respond to calls as required by this Agreement. (vii) If the designated ACO who is responsible for the provision of services under this Agreement to the Town of Hillsborough is on leave as a result of illness, vacation, etc.,. then the County will only respond to emergency service calls within the Town between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 2. B. Hillsborough Emergency After Hour Call Services (i) After hour call service hours are from 5:00 pm to 8:00 am Monday through Friday and all holidays and weekends. (ii) The County shall provide trained, qualified personnel to respond to calls for after hour service within the Town by going to the scene when necessary to protect and preserve the health and safety of the public and the life and health of animals. (iii) Qualified personnel of the County shall, when necessary and proper in the judgment of County. personnel, provide first aid treatment and/or take animals requiring care to veterinary facilities according to County policy. When immediate veterinary care is not needed in the judgment of County personnel, an animal may be taken to the County' Animal Services Center. Sick and injured animals will be handled according to the Shelter operating policy. (iv) The County may, in its discretion, bear the cost of emergency care and shelter costs for animals that do not appear to have an owner or keeper, or where the owner or keeper can be identified, charge the owner or keeper with the cost of emergency care and shelter costs of the animals consistent with the County operating policy. (v) County employees or their designees shall attempt to contact at a time which is reasonable under the circumstances in each situation, the owner or custodian of each animal involved in an emergency requiring the assistance of the County Animal Services Center. . (vi) Where Town Public Safety and/or Town officers are also on the scene of ananimal-related emergency, the County personnel shall cooperate with Town personnel in matters involving safety of persons and/or enforcement of the County's animal control ordinance, and/or North Carolina General Statutes pertaining to animals. 3. Upon receipt of invoice for the services of Animal Control and Emergency After Hour Calls, the Town shall make one payment on July 1St of each year to the County in the amount of Nineteen Thousand Four Hundred and Twenty One Dollars and 00/100 ($19,421.00). 4. This Agreement shall be in effect for the period beginning July 1, 2009 and ending June 30, 2010, subject to annual renewal as negotiated and agreed upon by both parties in writing. 5. Either party may terminate this Agreement for any reason by providing the other party 30 days written notice of intention to terminate the Agreement. 6. The Town will indemnify and hold the County harmless for any and all claims, demands or actions whatsoever arising from the County's provision of services under this Agreement unless the same results from the intentional or negligent conduct of the County. It is the intent of this Section 6 that the Town indemnify the County to the fullest extent permitted by law. In witness whereof, the parties hereunto cause this agreement to be executed in their respective names to become effective on the date hereinabove written. Orange Count C olin B ~.._ Y• alerie P. Foushee, Chair, Board of Commissioners Town of Hi~rough, North Carolina _~-~ ~. By: -~.~ s__ Eric Peterson, Town M a er By: Clarence F. Birkhead, Town of Hillsborough Chief of Police Approved as to technical content: Department Director Approved as to form and legal sufficiency: County Attorney This instrument has been pre-audited in the manner required by the Local Government Fiscal and Con Act. Finance Offic ,Town of Hillsborough