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HomeMy WebLinkAbout2013-231 Animal Services - Town of Hillsborough for animal control and emergency after hour calls moo ! 3 -2 3 / / J 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 1St day of July 2013. WHEREAS, the Town desires that the County provide animal control, animal protection and emergency after hour calls services within the Town during the 2013-2014 fiscal year; and WHEREAS, the County desires to provide animal control, animal protection and emergency animal calls services within the Town during the 2013-2014 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 the "Rules of Procedure Governing the Organization and Operation of the Orange County Animal Services Advisory Board" 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. 2. Scope of Services. 1 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 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 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. 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 County' Animal Services Center. Sick and injured animals will be handled according to the Shelter operating policy. 2 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 animal control ordinance, and/or North Carolina General Statutes pertaining to animals. 3. Term. The Term of this Agreement shall be for the period beginning July 1, 2013 and ending June 30, 2014. 4. Compensation. The Town shall compensate the County in the amount of Fifty Thousand Nine Hundred and Forty Dollars ($50,940.00) 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, 2013, 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 Fifty Thousand Nine Hundred and Forty Dollars ($50,940.00). 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 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 3 . 4 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 to become effective on the date hereinabove written. Orange County,North Carolina By: Frank W. Clifton, J, ounty Manager Approved as to technical content: Robert A. tto al Services Director Approved as to form and legal sufficiency: ette Moore, tall Attorney This instrument has been pre-audited in the manner required by the I Government 1 Town of Hillsborough,North Carolina AuQ udget and F' I C trot Act Clarence G. Grier,Assistant Co. Manager& By: _ EriVcters n, Town Manager CFO 'Duane Hampton, Chief of Police This instrument has ben pre-audited in the manner required by the Local Government Fiscal and Cc's Act. Greg Siler, ance Officer Town of Hillsborough 4