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Home My WebLink About2012-305 Animal Svc - Town of Carrboro emergency animal after hour calls - -3dAr 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't day of July 2012. 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 X=al 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 2012-2013 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, 2012 through June 30, 2013. 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; "'U. 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 l of 1 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 t the circumstances depending on the situation; vi. " he 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 Town will provide the County with notice of any amendments to the Town of Carrboro 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). 3. Compensation. The Town shall pay the County six thousand dollars ($6,000) for emergency after hours animal control services and an Administrative Fee of ten percent (10%) of the total revenue received and processed by the County for the Town's pet license fees for fiscal year 2012-2013, as provided herein: Page 2 of 2 a. The County shall submit a quarterly invoice to the Town in the amount of $1,5001.00&r services rendered for Emergency After Dour calls; b. The County shall submit to the Town a quarterly invoice for Administrative Fees of ten percent (10%) of the total revenue received from pet licenses fees during the quarter; C. 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 holed 4Armless Orange County from all losses, liabilities, claims, demands, suits, costs, h ` ses (including reasonable attorney's fees) arising from bodily injury, inclu "lo any person or persons or damage to or destruction of any property caused M'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 3 ORANGE COUNTY Frank . Clifton Jr., o Manager Date For the Orange County Approved as to technical content; Robert A. Marotto,Animal Services Director Approved as to form and legal sufficiency; ette M. Moore, Staff Attorney a" TOWN OF CARRBORO �, � I& -� David L. Andrews, Town Manager I 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 A z F' vial Services Director Town of Carrboro Page 4 of 4