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HomeMy WebLinkAbout2017-329-E AS - Town of Hillsborough to provide animal control services DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E [Departmental Use Only] TITLE Hillsborough Animal Control FY 2017-18 NORTH CAROLINA ORANGE COUNTY TOWN OF HILLSBOROUGH ANIMAL CONTROL ANIMAL PROTECTIONAND EMERGENCY AFTER HOUR ANIMAL SERVICES AGREEMENT This Town of Hillsborough Animal Control, Animal Protection and Emergency After Hour Animal Services Agreement is entered into by and between Orange County, North Carolina, (hereinafter the "County") by and through its Animal Services Department ("Department") and the Town of Hillsborough, North Carolina (hereinafter the "Town") as of the ls` day of July 2017. WHEREAS, the Town desires that the County provide animal control, animal protection and emergency after hour calls services within the Town during the 2017-2018 fiscal year; and WHEREAS, the County desires to provide animal control, animal protection and emergency animal calls services within the Town during the 2017-2018 fiscal year; and WHEREAS, the Town Board of Commissioners has previously adopted a resolution authorizing the County to enforce the Orange County 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 "Animal Services Advisory Board Policies and Procedures" 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: 1. Designation of Office of Animal Control. a. The Town shall and hereby does designate Orange County's Animal Services Department as its "Office of Animal Control," ("Office"). b. The County will designate and schedule one (1) Animal Control Officer employed by the County ("ACO") to respond to emergency and routine animal service calls within the Town. 1 DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E 2. Scope of Services. a. Animal Control and Protective Services. 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. 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 Unified Animal Control Ordinance, North Carolina General Statutes pertaining to animals and policies developed by Orange County Animal Services. iii. The Office will receive animal service calls during the hours noted in (i) 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 Unified 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. b. Emergency After Hour Call Services. The scheduled on-call ACO will respond to emergency after hour calls as described below. 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. 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 County's Animal 2 DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E 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 Unified Animal Control Ordinance, and/or North Carolina General Statutes pertaining to animals. vii. Subject to further guidelines as determined between the parties and provided in "Guidelines for Emergency After Hours Calls" which are attached hereto as Exhibit A and incorporated herein by reference. 3. Term. The Term of this Agreement shall be for the period beginning July 1, 2017 and ending June 30, 2018. 4. Compensation. The Town shall compensate the County in the amount of Forty Nine Thousand Three Hundred Twenty One Dollars ($49,321.00) 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 on July 1, 2017, or shortly thereafter; b. The Town shall within thirty (30) days thereafter pay the County, in one lump sum, a payment in the amount of Forty Nine Thousand Three Hundred Twenty One Dollars ($49,321). 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. 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. 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 3 E DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E 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. By executing this Agreement, the Town affirms that the Town and any subcontractors of the Town are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 9. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 10. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Town of Hillsborough Attention:Animal Services Director Attention: Eric Peterson, Town Manager P.O. Box 8181 PO Box 429 Hillsborough,NC 27278 Hillsborough,NC 27278 In witness whereof, the parties hereunto cause this agreement to be executed in their respective names to become effective on the date hereinabove written. SIGNATURE PAGE Orange County,North Carolina DocuSigned by: By:[ ouut NA 1141Gr$tti 140- lie Elq mmersley, County Manager Town of Hillsborough, North Carolina --DocuSigned by: By: tri(, PaGrSOIA, .80B�q 20 B4A0.. °nc YeYerson, Town Manager This instrument has been pre-audited in the manner required by the Local Government Fiscal and Control Act. DocuSigned by: 111113Tbilkiro, Town Finance Officer 4 DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E ADDENDUM A TO THE CONTRACT BETWEEN THE TOWN AND ORANGE COUNTY FOR THE PROVISION OF ANIMAL CONTROL 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 County's animal control ordinance within the Town limits and responding to calls about stray animals and other such requests for animal services. Orange County Animal Control Officers will provide emergency services outside of regular business hours (from 5:00 p.m. to 8:00 a.m.), Monday through Friday, and 24-hours on Saturday, Sunday and holidays. These services include rabies exposures, dangerous animals, exigent animal cruelty and animals in immediate need of assistance. The Town will perform "triage" of after-hours service requests in accordance with guidelines jointly developed by Animal Services and the Hillsborough Police Department. PROCEDURES FOR ORANGE COUNTY AND TOWN RESPONSE TO EMERGENCY AFTER-HOURS ANIMAL CALLS 1. Injured Deer — A HPD officer will respond to locate and euthanize. If the deer is a slightly injured fawn, the HPD officer may consult with a rehabber such as CLAW's Inc. to make arrangements for its removal. The on-call ACO will assist with this coordination as needed. 2. Owned Injured Animals —A HPD officer will respond or otherwise instruct the owner to take the animal to their veterinarian or the after-hours emergency veterinary clinic to be cared for or euthanized. 3. Neglect/Cruelty Situations—A HPD Officer will respond and make an assessment. If the situation is severe, they will contact the on-call ACO for assistance. If it is not severe, they shall document in an incident report. The report will be sent to the Animal Services Center the next business day for investigation. 4. Strays—A HPD Officer will respond or otherwise instruct the caller to take the animal to the Animal Services Center and leave it in the Drop Box. 5. Aggressive Dogs—A HPD Officer will respond to assess and confirm the presence of the reported animal. If the owner cannot be located to secure the dog, the on-call ACO shall be contacted to assist in capturing the dog. 6. The on-call ACO will respond to any call(s) related to Rabies Exposures; Bites to Humans; Injured Strays. 7. The on-call ACO will not respond to the following calls: nuisance wildlife; and injured or orphaned wildlife. Unless there is an immediate issue of public safety, the on-call ACO will not respond to calls about snakes. If these calls make their way through Communications, members of the public are to be referred to the Animal Services webpage or asked to call Animal Services during regular business hours for appropriate referral. DocuSign Envelope ID: 15371679-3BC1-4COA-9C2D-1A6DFDBFB80E Certificate of Insurance Issue Date(MM/DD/YYY() 07/11/2017 Named Participant This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. Town of Hillsborough This Certificate does not amend,extend or alter the coverage afforded by the Policies below. PO Box 429 Companies affording Coverage Hillsborough, NC 27278 A= Interlocal Risk Financing Fund of North Carolina B= North Carolina Interlocal Risk Management Agency COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH PROGRAM. Co Type of Coverage Policy Number Effective Expiration Limits of Liability Date Date A GENERAL LIABILITY PL-96008-2017-00 07/01/2017 07/01/2018 Products-Comp/Operations $3,000,000 ❑x Commercial General Liability Personal&Adv.Injury $3,000,000 ❑ Claims Made ❑x Occurrence Each Occurrence $3,000,000 Fire Damage(Any one fire) $1,000,000 Med.Expense(Any one person) N/A Deductible $1,000 AUTOMOBILE LIABILITY Limit Deductible ❑Any Auto(Symbol 1) Combined Single Limit ❑ Hired Autos(Symbol 8) ❑ Non-Owned Autos(Symbol 9) ❑ Uninsured/Underinsured Motorists PROPERTY Limit Deductible ❑ Real&Personal Property ❑ Builder's Risk ❑Auto Physical Damage(Symbol 7&8) ❑ Municipal Equipment ❑ Computer Equipment&Media ❑ Portable Equipment ❑ Fine Arts Police Professional Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Public Officials Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Employment Practices Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Workers'Compensation Limit ❑Workers'Compensation and Employer's Liability Each Accident ❑we Statutory Limit Disease-Each Employee Disease-Policy Limit OTHER COVERAGE • Limit Deductible 0 Description Evidence of coverage Certificate Holder Cancellation Orange County Animal Services Should any of the above described coverages be cancelled before 1601 Eubanks Road the expiration date thereof the issuing company will endeavor to Chapel Hill,NC 27516 mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives. Authorized Representative DocuSign Envelope ID: 15371679-3BC1-4C0A-9C2D-1A6DFDBFB80E ORANGE COUNTY—DEPARTMENT USE ONLY Department Party/Vendor Name: TOWN OF HILLSBOROUGH Party/Vendor Contact Person: ERIC PETERSON Contact Phone: 919-732-1270 Party/Vendor Address: PO BOX 429 City HILLSBOROUGH State: NC Zip: 27278 Department: ANIMAL SERVICES Amount: 49321.00 Purpose: PROVIDE ANIMAL CONTROL SERVICES Budget Code(s): 10215305 449927 Vendor# 342R3 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one)New❑ Renewal ® Amendment ❑ Effective Date 7/1/17 Approved by Board Yes No❑ Agenda Date: This agreement is approved as to technical formnnd content: p DocuSigne y: Department Director's Signature 14 Date: 7/18/2017 `---C9B58115B7DD482. Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications, and requirements: c DocuSigned"" X16 by: Office of the Risk Management Officer Date: 7/18/2017 \----7FDCF9178800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Office l'l-N `�°n",�la°'L Date; 7/19/2017 7D4E5181 ACC1409... Legal Services This agreement is approved as to le al form and sufficiency: ocuSigned by: Office of the County Attorne 1 tt,/Lt. h "tt lSCo Date: 7/19/2017 079A4D525C0F4FB... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@oran■ecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: 5