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Home My WebLink About2012-304 Animal Control - City of Durham for Animal Control and Emergency after hour calls $500 NORTH CAROLINA CITY OF DURHAM ANIMAL PROTECTIVE SERVICES AND EMERGENCY AFTER ANIMAL SERVICES AGREEMENT ORANGE COUNTY This agreement is dated, made, and entered into as of the 11-51- day of J-(k 2011, between the City of Durham ("City") and Orange County ("County") through its Animal Services Department. WITNESSETH WHEREAS, the City desires that the County provide animal control and emergency after hour calls services within the City, during the 2012-2013 fiscal year; and WHEREAS, the County desires to provide animal control and emergency animal calls services within the City during the 2012-2013 fiscal year; and WHEREAS, By resolution adopted by the Durham City Council pursuant to N. C. G. S. 153A-122, the Animal Control and Exotic Animal Ordinances are permitted to apply in the Area of the City of Durham located in Orange County; and WHEREAS, the Area of the City of Durham Located in Orange County means the area within the corporate limits of the City of Durham that is located in Orange County and WHEREAS, the City desires that the County enforce the County's Ordinance within the jurisdictional limits of the City located in Orange County. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the parties hereto mutually agree as follows: 1. Designation of Office of Animal Control. a. The City hereby designates Orange County's Animal Services Center,as its "Office of Animal Control" C'Office"). b. The County will designate one (or more than one, in the County's discretion) employees (collectively, the "Animal Control Officer") to respond to emergency and routine animal service calls within the Area of the City of Durham located in Orange County. 2. Scope of Services. a. Animal Control. and Protective Services. The Animal Control Officer shall provide animal control and protective services to the City during the hours of 8:00 am through 5:00 pm,Monday through Friday. AGREEMENT FOR ANIMAL CONTROL SERVICES, ti , Page 2 of 4 pages :i. 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 Area of the City of Durham Located in Orange County, both emergency and routine. iii. All service calls responded to by the County on behalf of the City under this agreement will be handled in accordance with the Animal Control Ordinance and North Carolina general statutes pertinent to animals and with policies generally applied by Orange County in the unincorporated portions of Orange County. iii. The County will receive incoming complaints and inquiries at the Center during the hours noted in section(i) above. iv. A quarterly report listing the number and types of calls handled within the Area of the City of Durham Located in Orange County shall be prepared by the County and forwarded to the City's Neighborhood Improvement Services Department. V. All County employees responding to service calls under this agreement will receive training by the County pertaining to the Animal Control Ordinance and North Carolina statutes pertinent to animals. vi. The County agrees to provide an animal control vehicle and necessary animal control equipment for the use in the Area of the City of Durham Located in Orange County. b. Emergency After Hour Call Services. The County will provide after hour on-call field services for urgent or emergency situations involving animals (as described below). i. The County will provide after hour on-call services for all holidays observed by County government, every day that is not a holiday from 5:00 pm to 8:00 am and Saturday and Sunday from 8:00 am to 5:00 pm. ii. A County Animal Control Officer will respond to service requests within the Area of the City of Durham Located in Orange County 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. 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 AGREEMENT FOR.ANIMAL CONTROL SERVICES, Page 3 of 4 pages personnel, an animal may be taken to the Center. Sick and injured animals will be handled according to departmental operating policies. 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 departmental operating policies. 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. vi. Where law enforcement officers are also on the scene of an animal-related emergency, the County personnel shall cooperate with them in matters involving safety of persons and enforcement of the Animal Control Ordinance. 2. Compensation. The City shall pay the County $500.00 for the current fiscal year and each year thereafter this agreement is in effect; however, the amount of the compensation shall be reviewed annually and adjusted based on actual use of service. 3. Term. This agreement shall be in effect at 12:01 AM on the day after the Animal Control Ordinance is permitted to apply in the Area of the City of Durham Located in Orange County by a resolution adopted by the Durham City Council pursuant to N. C. G. S. 153A-122. This agreement shall automatically renew for annual periods thereafter, unless either party gives 30 days notice to cancel this agreement. After this agreement is no longer in effect, all obligations that are still executory on both sides are discharged except that any right based on prior breach or performance survives. The governing body of each party hereto has determined that duration to be reasonable. In this agreement, a"year" is based on such periods and is not a calendar or fiscal year. 4. This agreement shall cease to be in effect at midnight 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 on the anniversary of the date the Animal Control ordinance is no longer permitted to apply in the Area of the City of Durham Located in Orange County. 5. Notice. a. All notices and other communications required or permitted by this agreement shall be in writing and shall be given either by personal delivery, fax, or certified United States mail, return receipt requested, addressed as follows: J AGREEMENT FOR ANIMAL CONTROL SERVICES, Page 4 of 4 pages To the City: Director Neighborhood Improvement Services Department City of Durham 101 City Hall Plaza Durham,NC 27701 The fax number is (919) 560-1790. To the County: Mr. Robert A. Marotto Director of Animal Services 1601 Eubanks Road Chapel Hill,NC 27516 The fax number is (919) 918-2383. b. Change of Address. Date Notice Deemed Given. A change of address, fax number, or person to receive notice may be made by either party by notice given to the other party. Any notice or other communication under this agreement shall be deemed given at the time of actual delivery, if it is personally delivered or sent by fax. If the notice or other communication is sent by United States mail, it shall be deemed given upon the third calendar day following the day on which such notice or other communication is deposited with the United States Postal Service or upon actual delivery, whichever first occurs. 5. No Third Party Rights Created. This agreement is intended for the benefit of the City and the County and not any other person. 6. Appointment of Personnel. The City Manager shall designate persons to carry out the City's obligations under this agreement. The County Manager shall designate persons to carry out the County's obligations under this agreement. 7. Amendment and Termination. This agreement may be amended or terminated by agreement of the parties. 8. The 11 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 T4wff41j&mnify the County to the fullest extent permitted by law. 9. Entire Agreement. The County and the L!Z..T ! 4aee to be bound by the terms of this Agreement;, and further agree that it constitutes the complete and exclusive statement of the - t ' AGREEMENT FOR ANIMAL CONTROL SERVICES, Page S of 4 pages Agreement between the County and the and any modifications to this Agreement shall be in writing and signed by both the pari 10. Governing aw. The County and the that this A eement shall be overned b g t3' ?n' g Y the laws of the State of North Carolina. Should either parry 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 on this the day of , 20 by: [Executed on the following page] r AGREEMENT FOR ANIMAL CONTROL SERVICES, Page 6 of 4 pages FOR AND ON BEHALF OF ORANGE COUNTY BOARD OF COMMISSIONERS -W Frank W. C ifton, r e ounty Manager ate ATTEST-/ Donna B , ran e eounf Clerk to the Board of Commissioners Approved as to technical content: / Robert A. Marotto, Animal Services Director Approved as to form and legal sufficiency: Annette M. Moore, Staff Attorney FOR DURHAM CITY pF D, --�0--1 Thomas J. Bonf eld, urham City Mana e�" �;'�, Date gF V. a :18 69 _ ATTEST: = k City Clerk "This instrument has been pre-audited in the manner required by the Local Government Budget and Fi cal Control Act." I� 14