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HomeMy WebLinkAbout2019-313-E Criminal Justice - Eyes, Ears, Nose and Paws, Inc facility dog Page 1 of 5 INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE COUNTY, EYES, EARS, NOSE AND PAWS, INC, AND REGINA MILLER REGARDING THE OWNERSHIP, SERVICE, AND CARE OF A FACILITY SERVICE DOG THIS AGREEMENT, made and entered into this _24th__ day of ___May_____, 2019 between and among Orange County, a political subdivision of the State of North Carolina (hereinafter referred to as the “County”), Eyes, Ears, Nose and Paws, Inc., (“EENP”), a North Carolina not for profit corporation, and Regina Miller, referred to collectively as the “Parties”. WITNESSETH WHEREAS, County and State staff have determined a facility service dog would benefit individuals who may be victims, witnesses, children, and other vulnerable individuals involved in the justice system in Orange County; and WHEREAS,the Parties desire to establish the terms and conditions surrounding the ownership, service, housing, and care of a facility service dog (“Adele“); and WHEREAS, the Judicial District 18 Bar (“Bar”) desires to purchase and donate Adele to the County and the County desires to accept ownership of Adele; and WHEREAS, Adele will be used to provide services in and around the Orange County Courthouse. NOW, THERFORE, in consideration of the foregoing and based on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. TERM AND TERMINATION a. This Agreement shall commence upon execution by all Parties and shall continue until Adele is determined by EENP and the County to have reached the end of her ability to provide the designated facility dog services. b. This Agreement may be terminated by the Parties for cause. Cause includes but is not limited to a determination by EENP and the County that Adele is not capable of providing the services described herein. c. Upon a termination for cause due to inappropriate care, EENP would have the option of reclaiming ownership of Adele. Upon termination for other cause, Adele’s ownership shall transfer to her lead handler, Regina Miller in accordance with the procedure set out in 6.b. below, unless it is within the 12 month warranty period and EENP is providing a replacement dog. In such an instance, Adele’s ownership would transfer to EENP. DocuSign Envelope ID: CED5F1EE-80DF-4BDA-AEB0-B7154A1F06F7 Page 2 of 5 2. RESPONSIBILITIES OF COUNTY a. The Bar shall pay EENP five thousand dollars ($5,000.00) to place Adele as a Facility Dog and shall donate her to the County. The Parties acknowledge the Bar shall have no further cost or responsibility for Adele once ownership and control of Adele transfer to the County. The Parties further agree to release the Bar from any liability related to Adele’s use by the County as a facility service dog. b. The donation shall be at no cost to the County and shall be effective and ownership and control shall transfer immediately upon the physical transfer of Adele to the custody of lead handler Regina Miller. c. The County will ensure that the primary handlers will participate in training and annual assessments with EENP and that Adele’s training is maintained. d. The County shall provide insurance coverage typical of similar County property. e. At no time shall the County be responsible for Adele’s care, shelter, or veterinary care and costs. f. Under no circumstances will the County abandon Adele, sell her to a third party, or surrender her to a shelter or rescue organization. If the County transfers ownership to another party, the County will ensure that the new owner agrees that Adele will no longer serve as a facility service dog and can only be a companion dog. g. The County will notify EENP of any plans to change Adele’s handlers and will ensure that new handlers receive approval, training, and assessment by EENP before the changes take place. h. The County will ensure that no handler represents that Adele is an assistance dog as defined by the Americans with Disabilities Act or takes her to areas where permission has not been granted. 3. RESPONSIBILITIES OF REGINA MILLER (Lead Handler) a. Regina Miller shall assume all expenses related to Adele and provide adequate indoor shelter, food, water and veterinary care for Adele. Regina Miller will take Adele to her veterinarian within 14 days of the date of sale and will inform her veterinarian that Adele is a facility dog owned by Orange County and that the County and EENP may have unrestricted access to her health records. DocuSign Envelope ID: CED5F1EE-80DF-4BDA-AEB0-B7154A1F06F7 Page 3 of 5 b. Regina Miller will follow EENP health and training guidelines and will notify EENP and the County of the loss or death of the facility dog. c. Should Regina Miller determine she is no longer be able to care for or house Adele, she will notify EENP and the County immediately so that a new lead handler can be identified, assessed, and trained by EENP. d. Regina Miller will ensure that Adele is brought to the Orange County Courthouse daily during working hours and will supervise and authorize all her work as a facility dog. e. Regina Miller shall utilize Adele to provide services as follows: i. Adele will work as a facility dog to benefit Orange County Courthouse stakeholders and court system consumers. This work will include, but is not limited to, offering emotional support to victims, witnesses, children, and other vulnerable individuals involved in the justice system. ii. Regina Miller will ensure that Adele is available to employees at the District Attorney’s Office, Orange County Sheriff’s Office, Criminal Justice Resource Department, District Court Judge’s Office, and other entities where Adele’s service is needed. Regina Miller, in consultation with EENP, has final discretion on whether to authorize the work of Adele. However, authorization will not be unreasonably withheld. iii. Adele will be used to provide stress-reduction for courthouse stakeholders by her presence. 4. RESPONSIBILITIES OF EENP a. In the unlikely event of a genetic defect or medical condition rendering her unfit during the 12 month warranty period, EENP will work diligently, and in good faith, to provide the County with another similarly-trained dog at no cost. b. EENP will provide initial placement training for the lead primary handler, a backup primary handler, and up to two limited handlers identified by the County. c. EENP will provide follow up aftercare training, annual aftercare assessments, and will offer ongoing training support as needed. d. EENP shall ensure Adele is appropriately trained to be capable of performing the services described herein. DocuSign Envelope ID: CED5F1EE-80DF-4BDA-AEB0-B7154A1F06F7 Page 4 of 5 e. EENP shall also ensure Adele is in good health, fully vaccinated, and free of any known disease or defects. Further, EENP shall provide a one year (12 month) warranty from the date of sale against any genetic defects or medical issues, unrelated to the lead handler’s care of the dog, which may render her unfit as a facility dog. f. EENP will not require the Parties to participate in fund raising or public relations activities. g. To the extent authorized by North Carolina law and only up to the applicable insurance policy limits, EENP, its officers, employees, agents and directors, are released from any liability for injury, damage, harm or expense that might incur from the Facility Dog. h. At the request of the current owner, EENP will assume ownership and care of Adele at any time after placement if the County, the lead handler, or any future owner is unable or unwilling to care for her for any reason. 5. THIRD PARTY RIGHTS Nothing in this Agreement is intended to create, grant, or convey rights in or to any third party. Nothing herein is enforceable by any third party and the rights of the parties hereto to terminate or amend this Agreement are not subject to the consent of any third party. 6. RETIREMENT a. It is expected Adele shall be capable of providing the services described herein for a period of between four and eight years. b. At the conclusion of the services provided herein and upon a determination by EENP and the County that Adele is no longer capable of providing the services described herein due to age or sickness, the County Manager may make a determination that Adele is no longer in governmental use and has no financial value. Upon any such determination ownership, custody, and control shall be granted to Regina Miller. 7. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the Parties hereto and is effective the date first above recorded. DocuSign Envelope ID: CED5F1EE-80DF-4BDA-AEB0-B7154A1F06F7 Page 5 of 5 In witness whereof, the Parties, by and through their authorized agents, have hereunder set their hands and seals as of the day and year first above written. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ______________________ ________________________________ Manager, Orange County Chief Financial Officer, Orange County ______________________ Regina Miller, Lead Handler ______________________ EENP, Executive Director DocuSign Envelope ID: CED5F1EE-80DF-4BDA-AEB0-B7154A1F06F7