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HomeMy WebLinkAbout2017-311 AS - Town of Chapel Hill to provide animal control services /9s 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 I" day of July 2017 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 2017-2018 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," (OAC). 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, responding to calls within the Town on both a routine and emergency basis. i. All service calls responded to on behalf of the Town under this agreement will be handled in accordance with the Town's Animal Control Ordinance and policies developed mutually by representatives of the Town and the County. I ii. The County will provide phone access at the OAC for the purpose of receiving animal service calls during the hours noted in subparagraph 2(a)(i) above. iii. The County will provide a quarterly report listing the number and types of calls handled within the Town limits to the Chapel Hill Police Department. iv. All County employees responding to service calls under this agreement will receive training pertaining to the sections of the Town's Animal Control Ordinance that are separate from the Uniform Animal Control Ordinance. V. The County agrees to provide an animal control vehicle and necessary animal control equipment for use in the Town. vi. At times when the designated ACO is on vacation or taking other forms of leave, the County agrees to provide an individual to respond to emergency calls for service, Monday through Friday, 8:00 a.m. to 5:00 p.m. 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. 2 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 and Uniform Animal Control Ordinance. 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. 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 and consistent with Section 4-35 of the County's Uniform Animal Control Ordinance. i. The County is responsible for setting its 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, 2017 and ending June 30, 2018. 4. Compensation. The Town shall compensate the County in quarterly installments of Twenty-Two Thousand, One Hundred Dollars and 50 1100 ($22,100.50) for a total annual payment not to exceed Eighty-Eight Thousand, Four Hundred and Two Dollars and 00/100 ($88,402.00), for the services provided in this Agreement. The Town shall also compensate the County on a quarterly basis an Administrative Fee of ten percent (10%) of the total revenues received by the Town and processed by the County for pet licensing fees (or pet tax fees) during the quarter. a. The County shall invoice the Town for Animal Control and Protective Services and Emergency After Hour Calls Services and the Administrative Fee quarterly beginning September 30, 2017, or shortly thereafter and each successive quarter thereafter; b. The Town shall pay the County within thirty (30) days after receipt of an accurate invoice approved by the Town. 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. Unless otherwise limited by applicable law, the County agrees to indemnify and hold harmless the Town, its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or 3 willful misconduct of the County except to the extent same are caused by the negligence or misconduct of the Town. 7. Entire Agreement. The parties 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 parties and any modifications to this Agreement shall be in writing and signed by both the parties. 8. Governing Law. The parties agree that this Agreement shall be governed by the laws of the State of North Carolina. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. 9. Severability. The parties intend and agree that if any provision of this contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 10. Amendment. This Contract may be amended in writing by mutual agreement of the Town and County. 11. Assignment. This Contract shall not be assigned without the prior written consent of the parties. [SIGNATURES ON FOLLOWING PAGE.] 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 17111// Bonnie B. Hammersley, Cou Manager Date Orange County Commissions Approved as to technical content: Robert A. Marotto, Animal Services Director Approved as to form and legal sufficiency: t w Z&,— Z* Anne Marie Tosco, cting Staff Attorney TOWN OF CHAPEL HILL DEPARTMENT HEAD O GER(f a(z t J 43141- ATTE L TOWN CLERKi TOWN SEAL - mr Town Clerk attests date this the'? ay of Jy t ' , 20 Approved as to Form and Authorization — omft� TOWN ftdA STAFF This instrument has bee e-audited in the manner required by the Local Government Budget and Fiscal Control 7 FINANC OFFICER DATE 7 5 EXHIBIT A: GUIDELINES FOR EMERGENCY AFTER HOUR CALLS 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 Town'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 Chapel Hill Police Department. PROCEDURES FOR ORANGE COUNTY AND TOWN RESPONSE TO EMERGENCY AFTER-HOURS ANIMAL CALLS 1. Injured Deer — A CHPD officer will respond to locate and euthanize. If the deer is a slightly injured fawn, the CHPD 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 CHPD 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 CHPD 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 CHPD Officer will respond or otherwise instruct the caller to take the animal to the Animal Services Center and leave in the Drop Box. 5. Aggressive Dogs — A CHPD 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. / 7 ® DATE(MMIDD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE ��. 06/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s): PRODUCER CONTACT Lori Hiatt,CIC,CSRM,Account Manager NAME: SUrry Insurance PHONE 336 386-8228 FAX (336)386-4661 A/C No Ext: ( ) A/C,No P.0.Box 128 E-MAIL lod.hiatt@surryinsurance.com ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# Dobson NC 27017-0128 INSURER A: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: Town of Chapel Hill INSURER C: 405 Martin Luther King Jr.Blvd INSURER D: INSURER E: Chapel Hill NC 27514-5705 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �p CLAIMS-MADE OCCUR 'REM,MS Ea occurrence $ 1,000,000 MED EXP(Any one person) $ A 1 11 ZLP-41M7991A 07/01/2017 07/01/2018 PERSONAL SADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY �PRO �LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JC i I OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 810-5J243370 07/01/2017 07/01/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB HCILAIMS-MADE ZUP-41M79921 07/01/2017 07/01/2018 AGGREGATE $ 10,000,000 DED 11 X11 RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETORIPARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH)- E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Animal Services ACCORDANCE WITH THE POLICY PROVISIONS. 1601 Eubanks Rd. AUTHORIZED REPRESENTATIVE Chapel Hill NC 27516 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD