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HomeMy WebLinkAboutAgenda - 06-01-2010 - 4iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 1, 2010 Action Agenda Item No.- 1 SUBJECT: Agreement Renewal with Town of Carrboro for County Provision of Emergency After Hour Animal Services and Collection of Pet License Fees DEPARTMENT: Animal Services ATTACHMENT(S): Agreement PUBLIC HEARING: (YIN) No INFORMATION CONTACT: Bob Marotto, Animal Services Director, 986 -2287 PURPOSE: To approve an agreement renewal with the Town of Carrboro to provide the Town with emergency after hour animal services during FY 2010 -2011 and addresses how pet license fees for Carrboro residents will be collected. BACKGROUND: The attached renewal agreement has been developed and reviewed with the Town of Carrboro to provide for the continuation of emergency after hour services to the Town for July 1, 2010 through June 30, 2011. Based upon review by the Animal Services Department and the Financial Services Department, there is no change in the level of service and hence no increase in cost to the Town. Under this renewal agreement, County Animal Control Officers respond to emergency calls within the Town limits of Carrboro on an on -call basis after regular hours of service (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 calls include rabies exposures and suspects, dangerous animals, exigent animal cruelty, and animals otherwise in need of immediate assistance. In addition, the renewal agreement also indicates that the County will 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 became a component part of the agreement between the County and the Town in recent years. FINANCIAL IMPACT: The proposed agreement renewal will provide revenue to the County in the amount of $6,000 for FY2010 -2011. This amount is the same as for FY2009 -2010. In an analysis of the costs of the service covered under this agreement for a prior fiscal year, Animal Services and Financial Services staff determined that the fee amount covers the costs entailed in service delivery. RECOMMENDATION (S): The Manager recommends that the Board renewal and authorize the Chair to sign the agreement with the emergency after hour animal services and for the collection of licens e $6,000 subject to final approval of the FY 2010 -11 budget. approve the agreement Town of Carrboro for fees in the amount of TOWN OF CARRBORO EMERGENCY AFTER HOUR ANIMAL SERVICES AND LICENSE FEE COLLECTION AGREEMENT THIS AGREEMENT, entered into by and between Orange County, North Carolina a body politic and corporate organized under the laws of the State of North Carolina, (the "County "), through it Animal Services Department ( "Department ") and the Town of Carrboro, North Carolina (the "Town "), as of the 1 sc day of July 2010. WITNESSETH WHEREAS, Orange County provides emergency after hours animal control 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 Carrboro 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 Carrboro in accordance with the Town of Carrboro'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 to the following: 1. Term. The term of this Agreement shall be from July 1, 2010 through June 30, 2011. 2. Scope of Services. a. Emergency After Hours Calls. The County shall provide staff to respond to emergency after hour calls as described below: i. Emergency after hours calls are from 5:00 p.m. to 8:00 a.m. Monday through Friday and all holidays and weekends; ii. The County shall provide trained, qualified personnel to respond to after hours emergency animal service 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 Page 1 of 4 2 M Center. Sick and injured animals will be handled according to the Department's operating policies. 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 shelter costs of the animals consistent with the Department's operating policy; V. County employees or their designees shall attempt to contact the owner or custodian of each animal involved in an emergency requiring the assistance of Animal Services personnel at a time which is reasonable under the circumstances depending on the situation; vi. The County shall make quarterly reports to the Town on the emergency after hour calls that required a response within the Town; which shall list the date of the call, name of the caller, street location of animal, species of animal, animal ID #, and type of assistance rendered. These reports will be forwarded to the Town's Police Department. vii. Where Town Police and/or Town Animal Control 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. viii. The County shall provide training to its employees responding to service calls under this agreement on the Town's Animal Control Ordinance; ix. The County agrees to provide an animal control vehicle and necessary animal control equipment for the County's use in the Town in fulfillment of this agreement. b. 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 its animal taxes (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). iv. The Town will provide the County with notice of any amendments to the Town of Carrboro Animal Control Ordinance and cooperate in the training County employees who provide emergency after hour animal service. Page 2 of 4 3. Compensation. The Town shall pay the County six thousand dollars ($6,000) for services provided pursuant to this Agreement for the 2010 -2011 fiscal year, as provided herein: a. The County shall submit a quarterly invoice to the Town in the amount of $1,5000.00 for services rendered; and b. Upon receipt of invoice for the after hour service the Town shall make prompt payment of the amount then due. 4. Indemnity. The Town agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the County. It is the extent of this section that the Town shall indemnify the County to the fullest extend permitted by law. 5. Termination. The County or the Town may terminate this Agreement at any time by providing the other party sixty (60) days written notice to the other party. 6. 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. 7. 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. [SIGNATURE PAGE TO FOLLOW] Page 3 of 4 4 5 ORANGE COUNTY BOARD OF COMMISSIONERS Valerie P. Foushee, Chair Date For the Orange County Commissioners Approved as to technical content: Robert A. Marotto, Animal Services Director Approved as to form and legal sufficiency: Annette M. Moore, Staff Attorney TOWN OF CARRBORO Steve Stewart, Town Manager Date For the Town of Carrboro Carolyn A. Hutchison, Chief of Police, Town of Carrboro This instrument has been pre- audited in the manner required by the Local Government Fiscal and Control Act. Financial Services Director Town of Carrboro Page 4 of 4