HomeMy WebLinkAbout2020-723-E-Animal Services-Town of CarrboroRev 5/19
[Departmental Use Only]
TITLE Carrboro Animal Control
FY 2020-21
TOWN OF CARRBORO ANIMAL CONTROL & PROTECTION SERVICES,
EMERGENCY AFTER HOUR ANIMAL SERVICES AND COLLECTION OF
LICENSE FEES SERVICE AGREEMENT
This Town of Carrboro 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 (“C ounty”) and the Town of Carrboro, North Carolina
(“Town”) as of the 1st day of July 20 20.
WHEREAS, Orange County provides animal control and protection, emergency after
hours and a nimal 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 animal control and protection,
after hour emergency animal control and animal license collection fee services throug h an
agreement with 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 Chapter 10 of the Carrboro Town Code to hear any appeals for a “potentially
dangerous dog” determination pursuant to N.C. Gen. Stat. § 67 -4.1 and any othe r appeals in
the jurisdiction of the Town of Carrboro under the Unified Animal Control Ordinance; and
WHEREAS, the Town of Carrboro desires to enter into an agreement with the County and
has appropriated funds for the 2020-2021 fiscal year for the performance of animal control and
protection services, critical after hour emergency animal services and animal license fee collection
within the Town of Carrboro in accordance with the Town of Carrboro’s Animal Control
Ordinance.
NOW, THEREFORE, it is agreed based on the mutual promises 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 Animal Control Program.
a. The Town will designate the Orange County Animal Services Center as its
"Animal Control Program,"
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b. The County is authorized to appoint an Animal Control Officer (ACO) to respond
to provide service within the Town in accordance with the powers and duties of
the “Animal Control Program.”
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 the Orange County Unified Animal Control
Ordinance.
ii. The County will provide phone access at the “Animal Control Program”
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 Carrboro Police Department.
iv. The County will also provide a quarterly summary of other activities
conducted under this agreement within the Town limits to the Carrboro
Police Department.
v. All County employees responding to service calls under this agreement
will receive training pertaining to the Town's Animal Control Ordinance
and the Orange County Animal Control Unified Ordinance.
vi. The County agrees to provide an animal control vehicle and necessary
animal control equipment for the use in the Town.
vii. 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. Community Outreach. The Animal Control Off icer assigned to Carrboro by the
County shall conduct community outreach related to basic services as time
allows.
i. Canvassing in select areas to provide information about key animal
control issues and pet owner responsibilities, e.g., wildlife concerns suc h
as coyotes, or information about rabies and low cost rabies vaccination
clinics.
ii. Attending varied community meetings to provide information about key
animal control issues and pet owner responsibilities, e.g., wildlife
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concerns such as coyotes, or inform ation about rabies and low cost rabies
vaccination clinics.
iii. Organizing or conducting proactive awareness and/or education
activities and programs, e.g., rabies risks, bite prevention for children,
animal safety, animal control reporting opportunities, etc .
c. 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.
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 Orange Count y 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.
d. 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.
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i. The County is responsible for setting its animal tax (or pet license fees)
pursuant to North Carolina General Statute 153A-153. Animal tax.
ii. The Town is responsible for setting its animal taxes (or pet license fees)
pursuant to North Carolina General Statute 160A-212. Animal taxes.
iii. The Town and the County agree to provide each other with at least 60 days
of notice about any change that they are making in their respective animal
taxes (or pet license fees).
3. Term. The Term of this Agreement shall be for the period beginning July 1, 2020 and
ending June 30, 2021.
4. Compensation. The Town shall compensate the County in quarterly
installments of Twenty Five Thousand Five Hundred and Eighty Two
Dollars and 25 cents ($25,582.25) for a total annual payment not to exceed
One Hundred and Two Thousand Three Hundred and Twenty Nine Dollars
($102,329) 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.
e. The County shall invoice the Town for Animal Control and P rotective Services
and Emergency After Hour Calls Services quarterly beginning September 30,
2020, or shortly thereafter and each successive quarter thereafter;
f. The County shall deduct the 10% administrative fee for licensing from the
remittances it makes to the Town on a quarterly basis.
g. The Town shall pay the County within thirty (30) days after receipt of an accurate
invoice approved by the Town.
h. Failure to pay upon receiving notice that payment has not been made in
accordance with 3(e) will result in the suspension of services unti l payment is
made..
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
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.
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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. By executing this Agreement, the parties affirm
that the parties and any subcontractors of the parties are and shall remain in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement
the parties certify that the parties have not been identified, and have not utilized the services
of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement the parties certify that the parties have not been
identified, and have not utilized the services of any agent or subcontractor identified, on the
list created by the State Treasurer pursuant to G.S. 147-86.81.
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. 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.
11. 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 Carrboro
Attention: Animal Services Director Attention: Chief of Police
P.O. Box 8181 100 N. Greensboro Street
Hillsborough, NC 27278 Carrboro, NC 27510
In witness whereof, the Parties cause this Agreement to be executed in the respective names
effective on the date hereinabove written.
ORANGE COUNTY TOWN OF CARRBORO
_____________________________________ ______________________________
Bonnie Hammersley, County Manager Assistant/Deputy/Town Manager
Attest by the Town Clerk:
____________________________
Town Clerk
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Town Clerk attests date this the ______day of ___________, 20____.
Approved as to Form and Authorization
______________________________
Town Attorney
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
_________________________________
Finance Officer
_________________________________
Chief of Police
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Rev 5/19
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Town of Carrboro Police Department Party/Vendor Contact Person: Chief Walter Horton
Contact Phone: 919-918-7397 Party/Vendor Address: 100 N Greensboro St City Carrboro State: NC Zip: 27510
Department: Animal Services Amount: 102,329 Purpose: Animal Control Services Budget Code(s): 10215305
489954 Vendor # 595 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check
one) New Renewal Amendment Effective Date 07/01/2020 Approved by Board Yes No Agenda
Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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10/9/2020
10/9/2020
10/9/2020
10/18/2020
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