HomeMy WebLinkAboutAgenda - 06-01-2010 - 4hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 1, 2010
Action Agenda
Item No. L(- " h
SUBJECT: Agreement Renewal with Town of Chapel Hill for County Provision of
Animal Control and Emergency After -Hour Services and Collection of Pet
License Fees
DEPARTMENT: Animal Services
ATTACHMENT(S):
Agreement
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Bob Marotto, Animal Service Director,
986 -2287
PURPOSE: To request approval for agreement renewal that provides the Town of
Chapel Hill with animal control and emergency after -hour animal services from July 1,
2010 through June 30, 2011 and that addresses how pet license fees for Chapel Hill
residents will be collected.
BACKGROUND: Orange County staff has developed and reviewed the proposed
contract agreement with representatives of the Town of Chapel Hill. The amount of the
FY 2010 -2011 agreement will be $83,818. With respect to level of service, the
agreement is similar to past years (except for adjustment in after hour emergency
services).
Regular service involves an Animal Control Officer (ACO) being stationed at the Animal
Services Center Monday through Friday between 8:00 a.m. and 5:00 p.m. This ACO
has principal responsibility for enforcing the Town's animal control ordinance within the
Town limits and responding to calls about stray animals and other such requests for
animal services.
Under the renewed agreement, County Animal Control Officers will provide emergency
services outside of regular business hours (that is, from 5:00 p.m. to 8:00 a.m.) Monday
through Friday, and 24 hours on Saturday and Sunday and holidays. These services
will include rabies exposures, dangerous animals, exigent animal cruelty and animals in
immediate need of assistant.
For FY 2010 -2011, Chapel Hill Police Officers will perform more "triage" for after hour
service requests in accordance with guidelines shared by Animal Services and the
Chapel Hill Police Department which will be incorporated into the agreement. Initial
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inspection of a scene by an on duty Police Officer is expected to reduce the amount and
costs of emergency after hour animal service.
The renewal also provides for the County to collect the Town's pet license fees (as well
as its own) and remit or credit that amount to the Town in a manner that is mutually
agreeable to both the Town and the County. This has been the practice for a number of
years, and recently it became a component of the agreement between the Town and
the County.
FINANCIAL IMPACT: The proposed agreement renewal will provide revenue to the
County of $83,818 for FY2010 -2011. The fee for the proposed agreement was
determined by Animal Services and Financial Services on the basis of a careful
assessment of all costs involved in delivery of field services to the Town of Chapel Hill.
Because it includes a surcharge to cover indirect costs, the service fee is $8,818 higher
than the FY 2009 -2010 amount.
RECOMMENDATION(S): The Manager recommends that the Board approve the
agreement renewal and authorize the Chair to sign the agreement with the Town of
Chapel Hill pending approval of the FY 2010 -2011 budget and subject to review and
approval of the Guidelines for After Hours Emergency Calls by the County Attorney's
Office.
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TOWN OF CHAPEL HILL ANIMAL CONTROL, PROTECTION SERVICES,
EMERGENCY AFTER HOUR ANIMAL SERVICES AND COLLECTION OF
LICENSE FEES SERVICE AGREEMENT
This Animal Control, Protective Services, Emergency After Hour Animal Services and
Collection of License Fees Service Agreement is entered into by and between Orange
County, North Carolina ( "County ") and the Town of Chapel Hill, North Carolina ( "Town ")
as of the 1St day of July 2010.
WHEREAS, Orange County provides animal control, emergency after hours and
animal tax license collection services within Orange County; and
WHEREAS, the Town has a need for the services provided by Orange County
through its' Animal Services Department; and
WHEREAS, the Orange County operates a fully staffed Animal Services
Department that has the capacity, capability and a shared interest in offering after hour
emergency animal control and animal license collection fee services through an agreement
with the Town; and
WHEREAS, the Town of Chapel Hill desires to enter into an agreement with the County
and has appropriated funds for the 2010 -2011 fiscal year for the performance of critical after
hour emergency animal services and animal license fee collection within the Town of Chapel
Hill in accordance with the Town of Chapel Hill's Animal Control Ordinance.
NOW, THEREFORE, it is agreed based on the mutual promises contained herein and for
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged by and between the County and the Town as follows:
WITNESSETH
1. Designation of Office of Animal Control.
a. The Town will designate the Orange County Animal Services Center as its
"Office of Animal Control," ( "Office ").
b. The County is authorized to appoint an Animal Control Officer ( "ACO ") to
respond to emergency and routine animal service calls within the Town.
2. Scope of Services.
a. Animal Control and Protective Services. The ACO shall provide animal
control and protective services to the Town during the hours of 8:00 am
through 5:00 pm, Monday through Friday.
During the hours of 8:00 am through 5:00 pm, Monday through
Friday the Animal Control Officer will respond to all animal services
calls within the Town, both emergency and routine.
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ii. All service calls responded to on behalf of the Town under this
agreement will be handled in accordance to the Town's Animal
Control Ordinance and policies developed mutually by representatives
of the Town and the County.
iii. The County will provide phone access at the OAC for the purpose of
receiving animal service calls during the hours noted in (i) above.
iv. A quarterly report listing the number and types of calls handled within
the Town limits will be forwarded to the Chapel Hill Police Department.
V. All County employees responding to service calls under this agreement
will receive training pertaining to the Town's Animal Control Ordinance.
vi. The County agrees to provide an animal control vehicle and necessary
animal control equipment for the use in the Town.
vii. Scheduled vacation time and sick leave time for the appointed Animal
Control Officer will be covered by the County from Monday through
Friday, 8:00 am to 5:00 pm, for emergency services only.
b. Emergency After Hour Call Services. The County shall provide emergency
after hour animal service calls as described below.
i. Emergency after hour animal services 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
emergency after hour animal calls 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 county personnel 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 Animal Services Center.. Sick
and injured animals will be handled according to Animal Services'
operating policy.
iv. The County may, in its discretion, bear the cost of emergency care and
sheltering 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 sheltering costs of the
animals consistent with the Animal Services' 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
assistance.
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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 Town's animal control ordinance.
vii. Subject to further guidelines as determined between the parties and
provided in "Guidelines for Emergency After Hours Calls" which shall be
incorporated by reference herein.
C. Pet License Fee. The County agrees to collect animal taxes (or pet license fees)
for the Town and to remit or credit those taxes to the Town in a manner that is
mutually agreeable to the County and the Town.
i. The County is responsible for setting it animal tax (or pet license fees)
pursuant to North Carolina General Statute 153A -153. Animal tax.
ii. The Town is responsible for setting its animal taxes (or pet license fees)
pursuant to North Carolina General Statute 160A -212. Animal taxes.
iii. The Town and the County agree to provide each other with at least 60
days of notice about any change that they are making in their respective
animal taxes (or pet license fees).
3. Term. The Term of this Agreement shall be for the period beginning July 1, 2010 and
ending June 30, 2011.
4. Compensation. The Town shall compensate the County in quarterly installments of
Twenty Thousand Nine Hundred and Fifty -four Dollars and 50/100 ($20,954,50) for a
total annual payment not to exceed Eighty -Three Thousand Eight Hundred and
Eighteen Dollars ($83,818) for the services provided in this Agreement.
a. The County shall invoice the Town for Animal Control and Protective Services
and Emergency After Hour Calls Services quarterly beginning September 30,
2010, or shortly thereafter and each successive quarter thereafter;
b. The Town shall within thirty (30) days after receipt of invoice pay the County.
5. Termination. Either party may terminate this Agreement for any reason by providing the
other party sixty (60) days written notice of intention to terminate the Agreement.
6. Indemnity. 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 that the Town indemnify the County to the
fullest extent permitted by law.
7. Entire Agreement. The County and the Town agree to be bound by the terms of this
Agreement, and further agree that it constitutes the complete and exclusive statement of the
Agreement between the County and the Town and any modifications to this Agreement shall
be in writing and signed by both the parties.
8. Governing Law. The County and the Town agree that this Agreement shall be governed by
the laws of the State of North Carolina. Should either party initiate litigation to settle any
dispute involving the terms of this Agreement such litigation shall be initiated in the General
Court of Justice of North Carolina in Orange County, North Carolina.
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 Board of Commissioners
Valerie P. Foushee, Chair
Orange County Commissioners
Approved as to technical content:
Robert A. Marotto,
Animal Services Department
Approved as to form and legal sufficiency:
Annette M. Moore,
Staff Attorney
Town of Chapel Hill
Roger L. Stancil, Town Manager
Town of Chapel Hill
Brian J. Curran, Chief of Police,
Town of Chapel Hill
This instrument has been pre- audited in the manner required by the Local Government Fiscal and
Control Act.
Finance Director, Town of Chapel Hill