The URL can be used to link to this page

Home My WebLink About2012-265 Animal Svc - Town of Chapel Hill for animal control, emergency after hours and animal tax license colletion 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 2012 WHEREAS, Orange County provides animal control, emergency after hours and animal tax license collection services within Orange County; and WELEREAS, 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 2012-2013 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. 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 Town's Animal Control Ordinance. v. The County agrees to provide an animal control vehicle and necessary animal control equipment for the 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 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. 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, 2012 and ending June 30, 2013. 4. Compensation. The Town shall compensate the County in quarterly installments of Twenty One Thousand Two Hundred and Eighty-five Dollars and 75/100 ($21,285.75) for a total annual payment not to exceed Eighty-Five Thousand One Hundred and Forty Three Dollars ($85,143) 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. d. 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, 2012, or shortly thereafter and each successive quarter thereafter; e. 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 3 property damage to any person or persons caused in whole or in part by the negligence or 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. 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 Aie-- -7'd L7 - I/ Frank W. Tifton, Jr., 0 •ty anager Date Orange County Commissioners Approved as to technical content: t?%ja. _• A.-44 Robert A. Marotto, Animal Services Director 10 - IP Approved as to form and legal sufficiency: • -tte M. N_1Qore, Staff Attorney TOWN OF CHAPEL HILL ASSISTANT/DEPUTY/TOWN • +AGER� "(Ow,, ATTEST BY TOWN CL oe TOWN CLERK Mt•, •A. AFL H10# 4 Town Clerk attests date this the I. J day of 60l/t-(. , 20\Z. Approved as to Form and Authorization TO ATTORNEY This instrument has b-, i •• e-audited in the manner required by the Local Government Budget and Fis . ! troy: FIN- E OFFIC .2 i CHIEF OF POL This instrument has been pre-audited in the manner required by the Local Government 4 Budget andA cal Co trol Act CiaAl/ i.,Clarence G.Grier,Assistant Co.Manager&CFO 5