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HomeMy WebLinkAbout2016-428-E Animal Svc - Town of Hillsborough emergency after hour animal services DocuSign Envelope ID:6894FEE3-DA0E-4C28-9823-E52113010028 [Departmental Use Only] TITLE Hillsborough Animal Control FY 2016-17 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 2016. WHEREAS, the Town desires that the County provide animal control, animal protection and emergency after hour calls services within the Town during the 2016-2017 fiscal year; and WHEREAS, the County desires to provide animal control, animal protection and emergency animal calls services within the Town during the 2016-2017 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 "Animal Services Advisory Board Policies and Procedures" 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. 1 DocuSign Envelope ID:6894FEE3-DA0E-4C28-9823-E52113010028 2. Scope of Services. 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 Unified 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 Unified 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's Animal 2 DocuSign Envelope ID:6894FEE3-DA0E-4C28-9823-E52113010028 Services Center. Sick and injured animals will be handled according to the Shelter operating policy. 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 Unified Animal Control Ordinance, and/or North Carolina General Statutes pertaining to animals. 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. 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 the amount of Thirty Nine Thousand Ninety Three Dollars ($39,093.00) 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, 2016, 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 Thirty Nine Thousand Ninety Three Dollars ($39,093). 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 3 DocuSign Envelope ID:6894FEE3-DA0E-4C28-9823-E52113010028 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 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. 9. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 10. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Town of Hillsborough Attention:Animal Services Director Attention: P.O. Box 8181 Hillsborough,NC 27278 In witness whereof, the parties hereunto cause this agreement to be executed in their respective names to become effective on the date hereinabove written. SIGNATURE PAGE Orange County, North Carolina DocuSigned by: By: 0637994B755E477... Bonnie Hammersley, County Manager Town of Hillsborou ,ENevth Carolina tvic pt xstm, By: 5182931A4DFA471... Eric Peterson, Town Manager This instrument has been pre-audited in the manner required by the Local Government Fiscal and Con u c4ig ned by: lku' F1 C7CEER50F44E5._, Heidi Lamay, Town Finance Officer 4 DocuSign Envelope ID:6894FEE3-DA0E-4C28-9823-E52113010028 ADDENDUM A 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 County'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 Hillsborough Police Department. PROCEDURES FOR ORANGE COUNTY AND TOWN RESPONSE TO EMERGENCY AFTER-HOURS ANIMAL CALLS 1. Injured Deer — A HPD officer will respond to locate and euthanize. If the deer is a slightly injured fawn, the HPD 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 HPD 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 HPD 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 HPD Officer will respond or otherwise instruct the caller to take the animal to the Animal Services Center and leave it in the Drop Box. 5. Aggressive Dogs—A HPD 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.