Loading...
HomeMy WebLinkAbout2019-757-E Animal Svc - Internal Departments Dog Walking Trail MOUMEMORANDUM OF UNDERSTANDING between Orange County Animal Services Department and Orange County Solid Waste Management Department and Orange County Department of Environment, Agriculture, Parks and Recreation This Agreement (hereinafter, “Agreement” or “MOU”), made and entered into this the 8 day of October, 2019, between Orange County Orange County Animal Services Department (hereinafter “Animal Services”), Orange County Solid Waste Management Department (hereinafter “Solid Waste”), and Orange County Department of Environment, Agriculture, Parks and Recreation (hereinafter, “DEAPR”): WITNESSETH: The following Recitals are incorporated as an integral part of this Agreement: WHEREAS, Orange County, North Carolina, owns property identified by Parcel Identification Number (“PIN”) 9870-66-2810, (the “Property”) which is the site of its Orange County Solid Waste Management Department; and WHEREAS, Animal Services desires to use a portion of the Property for a dog walking trail; and WHEREAS, Solid Waste seeks to allows Animal Services to use a portion of the Property for a dog walking trail; and WHEREAS, DEAPR seeks to ensure the dog walking trail is created and maintained in accordance with all applicable zoning and landscape requirements; and WHEREAS, the Parties desire to enter into a formal agreement to clearly identify the roles and responsibilities of each party as they relate to the creation, use, and maintenance of the dog walking trail on the Property. NOW THEREFORE, in consideration of the terms, conditions, and covenants expressed herein, the Parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is to establish a formal arrangement whereby Animal Services uses a portion of the Property identified as “Proposed Dog Walking Trail” on the attached map titled “Dog Walking Trail for: Orange County Animal Services,” which is attached hereto as Exhibit A and incorporated herein, as a dog walking trail and to clearly identify the roles and responsibilities of each party as they relate to the dog walking trail. 2. Responsibilities of Parties. DocuSign Envelope ID: 845994D7-6577-4D09-9BAB-B896EE1114BE A. Animal Services Responsibilities Under This MOU Animal Services shall undertake the following activities: 1. Orient volunteers and staff to use the dog walking trail 2. Clean up litter and feces from the trail as needed 3. Communicate the trail is solely for the use of Animal Services staff and volunteers B. Solid Waste Responsibilities Under This MOU Solid Waste shall undertake the following activities: 1. Allow Animal Services to use the portion of Property identified as “Proposed Dog Walking Trail” on Exhibit A 2. Provide Animal Services with at least ninety (90) days written notice in the event it is no longer possible for Animal Services to continue to use the dog walking trail for that purpose C. DEAPR Responsibilities Under This MOU DEAPR shall undertake the following activities: 1. Work with Animal Services to create and maintain the dog walking trail a. Maintenance shall include mowing as needed and clean-up of storm debris and fallen limbs 2. Assure the dog walking trail complies with all applicable zoning and landscape requirements 3. Term and Termination. The term of this MOU shall be from October, 8, 2019 to October, 8, 2024, unless terminated sooner as provided by this MOU. The term of this Agreement shall not be effective unless and until all required permits have been obtained from the Town of Chapel Hill. Any Party may terminate this MOU at any time without penalty, provided that written notice of such termination is furnished to the other party at least ninety (90) days prior to termination. This MOU shall be in effect upon signature and, in the absence of a written notice of intent not to renew furnished to the other party at least ninety (90) days prior to the expiration thereof, be automatically renewed year to year under the same terms as set forth in this MOU or any written amendment thereto. This MOU will be reviewed at periods not less than biannually by both parties. 4. Amendment. This MOU can be amended or modified as needed with prior written consent of the duly authorized official of each Party. 5. Miscellaneous. A. All functions and activities performed under this Agreement are hereby declared to be governmental functions, and all immunities provided by law shall be fully applicable. Nothing in the provisions of this Agreement is to be deemed to be an agreement f or the benefit of third party or persons and no third party or persons shall have any right of action under this Agreement for any cause whatsoever. B. Both Parties shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the performance of this Agreement. DocuSign Envelope ID: 845994D7-6577-4D09-9BAB-B896EE1114BE C. Both Parties hereby agree that each will comply with such nondiscrimination laws as may be applicable to it in the performance of this Agreement. D. This Agreement contains the entire understanding of the Parties and shall not be altered, amended, or modified without the prior written consent of the duly authorized official of each party. E. The laws of the State of North Carolina shall govern the validity and interpretation of the terms and conditions of this Agreement. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 845994D7-6577-4D09-9BAB-B896EE1114BE IN WITNESS WHEREOF, the Parties have hereunto signed this Agreement in their official capacities of the day and year listed on the signature page affixed to this Agreement. FOR AND ON BEHALF OF ORANGE COUNTY ANIMAL SERVICES DEPARTMENT _____________________________________ Robert Marotto, Orange County Animal Services Director FOR AND ON BEHALF OF ORANGE COUNTY SOLID WASTE MANAGEMENT DEPARTMENT _____________________________________ Robert Williams, Orange County Solid Waste Management Director FOR AND ON BEHALF OF ORANGE COUNTY DEPARTMENT OF ENVIRONMENTAL, AGRICULTURE, PARKS AND RECREATION _____________________________________ David Stancil, Orange County Department of Environment, Agriculture, Parks and Recreation Director DocuSign Envelope ID: 845994D7-6577-4D09-9BAB-B896EE1114BE