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Home My WebLink About2021-038-E Animal Svc-OC Health Department MOU DocuSign Envelope ID:OB6E9C8E-806E-42B2-ACB7-165C38DO8F7C MEMORANDUM OF UNDERSTANDING between Orange County Health Director and Orange County Animal Services This Agreement(hereinafter, "Agreement"or"MOU"),made and entered into this the 25t'day of January 2021,between Orange County Health Director(hereinafter,"Health Director")and Orange County Animal Services(hereinafter"Animal Services"): WITNESSETH: The following Recital are incorporated as an integral part of this Agreement: WHEREAS,the General Statutes of North Carolina grant local health directors certain responsibilities related to Rabies Control,per N.C. Gen. Stat. § 130A-4 1(b)(1 0) and N.C. Gen. Stat. Chapter 130A, Article 6,Part 6. Rabies; and WHEREAS,the General Statutes of North Carolina authorize a local health director to delegate any authority granted by Chapter 130A to another person,per N.C. Gen. Stat. § 130A-6; and WHEREAS,the Orange County Health Director seeks to delegate particular responsibilities of of N.C. Gen. Stat. 130A-41(b)(10)and N.C. Gen. Stat. Chapter 130A,Article 6,Part 6. Rabies,to Animal Services. WHEREAS, the Parties desire to enter into a formal agreement to clearly identify the roles and responsibilities of each party as they relate to Rabies Control per N.C. Gen. Stat. § 130A-4 1(b)(1 0) and N.C. Gen. Stat. Chapter 130A,Article 6,Part 6. Rabies; and 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 the Health Director delegates certain of its duties under N.C. Gen. Stat. § 130A-41(b)(1 0) and N.C. Gen. Stat. Chapter 130A,Article 6,Part 6. Rabies,to Animal Services, and to clearly identify the roles and responsibilities of each party as they related to rabies control in Orange County. 2. Responsibilities of Parties. A. Animal Services Responsibilities Under This MOU Animal Services shall undertake the following activities: 1. Designate and train staff for role in N.C. Rabies Control 2. Follow procedures as outlined in the Orange County Animal Services Rabies Exposure Policy and Procedure document. DocuSign Envelope ID:OB6E9C8E-806E-42B2-ACB7-165C38DO8F7C 3. Investigate all reported instances in which a person has been bitten by a dog, cat,ferret, or wildlife that can potentially expose a person to rabies. 4. Investigate all reported instances in which a person has been potentially exposed(non- bite)to rabies 5. Notify the Health Department Communicable Disease Nurse of all investigations that involve potential human exposure to rabies by providing a copy of the Orange County Animal Control Animal Bite/Scratch Report of each incident to the Health Department. 6. Refer all questions regarding human rabies post-exposure prophylaxis and/or other medical/healthcare issues to the Health Department. 7. Consult with the Health Department in the event of any unusual or atypical situations. 8. Confine any animal required to be vaccinated that bites a person at the Animal Services Center for ten(10)days,unless otherwise authorized by the Health Director, in accordance with N.C. Gen. Stat. § 130A-196 and the Rabies Policy and Procedure. 9. In consultation with the Health Director as needed, authorize a dog used by law enforcement to be released from confinement in order to work,pursuant to N.C. Gen. Stat. § 130A-196. 10. Organize at least one countywide rabies vaccination clinic per year pursuant to N.C. Gen. Stat. § 130A-187. 11. Recommend persons to Health Director to administer rabies vaccines in the County. 12. In consultation with the Health Director as needed,determine whether an animal is considered to have been exposed to rabies and order that the animal be euthanized or quarantined in accordance with the Rabies Exposure Policy and Procedure,pursuant to N.C. Gen. Stat. § 130A-197. 13. In consultation with the Health Director as needed, approve the facility where an animal that is considered to have been exposed to rabies may be quarantined and impose conditions on the quarantine of the animal,pursuant to N.C. Gen. Stat. § 130A-197. 14. In consultation with the Health Director as needed,designate a place for the confinement of an animal suspected of having rabies,pursuant to N.C. Gen. Stat. § 130A-198. B. Health Director Responsibilities Under This MOU 1. Designate and train staff for role in N.C. Rabies Control 2. Follow procedures as outlined in the Orange County Animal Services Rabies Exposure Policy and Procedure document. 3. Collaborate on all investigations that involve potential human exposure to rabies as well as performing human rabies risk assessment and providing recommendations for care to those persons. 4. Consult on all questions regarding human rabies post-exposure prophylaxis and/or other medical/healthcare issues. 5. Consult with N.C. Department of Public Health Rabies on-call staff in the event of unusual or atypical situations. 6. Be available to discuss any aspect of a rabies investigation including citizen's request to appeal rabies decisions. DocuSign Envelope ID:OB6E9C8E-806E-42B2-ACB7-165C38DO8F7C 7. Consult with Animal Services as needed regarding the confinement, quarantine, and/or euthanasia of animals considered to have been exposed to rabies or suspected of having been exposed to rabies. 8. Appoint persons for the purpose of administering rabies vaccines in the County upon receiving recommendations from Animal Services,pursuant to N.C. Gen. Stat. § 130A- 186. 9. Declare a rabies quarantine area pursuant to N.C. Gen. Stat. § 130A-194. 10. Order the seizure of a biting animal when its owner refuses to confine it as required by law,pursuant to N.C. Gen. Stat. § 130A-196. 11. Upon receiving the recommendation of Animal Services, declare an animal to be vicious and a menace to the public health and order that the animal be confined to its owner's property,pursuant to N.C. Gen. Stat. § 130A-200. 12. Petition the State Health Director to declare a rabies emergency in Orange County, pursuant to N.C. Gen. Stat. § 130A-201. 3. Term and Termination.This MOU shall be in effect upon signature and, in the absence of 30 days' written notice of intent to terminate by either Party furnished to the other Party, shall continue 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 for 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. 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:OB6E9C8E-806E-42B2-ACB7-165C38DO8F7C 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. DocuSigned by: skwaV'f Quintana tewart, Orange County Health Director FOR AND ON BEHALF OF ORANGE COUNTY ANIMAL SERVICES L'6D;Cusigned by: Robert Marotto, Orange County Animal Services Director Approved as to legal form and sufficiency: E§D01"Sil-dQ�by�:�� V'k'A4.a i(,1-�S(b II14RIID52SCDF4FH... Anne Marie Tosco, Staff Attorney