HomeMy WebLinkAbout2016-351 Animal Svc - Town of Chapel to provide animal protective services and emergency after hour calls 3 31
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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 2016.
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 2016-2017 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 promise's 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.
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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
and the Unified 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.
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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 and the Unified
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 animal license privilege taxes (or pet
license fees) pursuant to North Carolina General Statute 153A-153.
Animal tax.
ii. The County agrees to provide the Town with at least 60 days of notice
about any change that they are making with respect to the animal taxes (or
pet license fees).
iii. Orange County may set animal license privilege taxes as allowed by law
and set the tax amounts annually as part of the Budget.
3. Term. The Term of this Agreement shall be for the period beginning July 1, 2016 and
ending June 30, 2017.
4. Compensation. The Town shall compensate the County in quarterly installments of
Twenty Two Thousand Three Hundred Seventy-three and 50/100 dollars ($22,373.50) for
a total annual payment not to exceed Eighty Nine Thousand Four Hundred Ninety-Four
dollars ($89,494), 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, 2016, 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
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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.
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.]
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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
Bonnie B. Hammersley, County nager Date
Orange County Commissioners
TOWN OF CHAP I
DEPARTME (T_H ER<f 14p is 3 ✓t
ATTEST BY
TOWN CLERK TOWN SEAL
nn tir
Town Clerk attests date this the day of JUI. , 20 A►P0. `
Approved as to Form and Author' on
TO AL STAFF
This instrument has b=n pre-audited in the manner required by the Local Government Budget
and Fiscal on ct.
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FIN CE OFFICER DATE
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