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HomeMy WebLinkAboutOTHER-2025-087-Town of Chapel Hill Agreement 0 i qla5 [Departmental Use Only] TITLE Chapel Hill Animal Control FY 2025-26 NORTH CAROLINA ORANGE COUNTY TOWN OF CHAPEL HILL ANIMAL CONTROL, ANIMAL PROTECTION AND EMERGENCY AFTER HOUR ANIMAL SERVICE AGREEMENT This Animal Control , Protective Services , Emergency After Hour Animal Services Service Agreement is entered into by and between Orange County, North Carolina ("County") and the Town of Chapel Hill , North Carolina ("Town") as of the 1ST day of July 2025 . WHEREAS , Orange County provides animal control and emergency after hours 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 after hour emergency animal control services through an agreement with the Town; and WHEREAS , the Town of Chapel Hill desires to enter into an agreement with the County and has appropriated funds for the 2025 -2026 fiscal year for the performance of critical after hour emergency animal services within the Town of Chapel Hill in accordance with the Town of Chapel Hill ' 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 Office of Animal Control . a. The Town will designate the Orange County Animal Services Center as its " Office of Animal Control , " (OAC) . b . The County is authorized to appoint an Animal Control Officer (ACO) to respond to emergency and routine animal service calls within the Town . 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 Rev 06/25 and policies developed mutually by representatives of the Town and the County . ii . The County will provide phone access at the OAC 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 Chapel Hill Police Department . iv . All County employees responding to service calls under this agreement will receive training pertaining to the sections of the Town' s Animal Control Ordinance that are separate from the Uniform Animal Control Ordinance . v . The County agrees to provide an animal control vehicle and necessary animal control equipment for use in the Town . vi . 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 . 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 Rev 06/25 f` 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 and Uniform 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 . 3 . Term. The Term of this Agreement shall be for the period beginning July 1 , 2025 , and ending June 30 , 2026 . 4 . Compensation . The Town shall compensate the County in quarterly installments of Forty-Two Thousand, Nine Hundred and Sixty-Seven Dollars ($42 , 967 . 00) for a total annual payment not to exceed One Hundred and Seventy-One Thousand, Eight Hundred and Sixty-Eight Dollars ($ 171 , 868 . 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 and the Administrative Fee quarterly beginning September 30 , 2025 , or shortly thereafter and each successive quarter thereafter; b . The Town shall pay the County within thirty (30) days after receipt of an accurate invoice approved by the Town . 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 proximately 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 . 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 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 . By executing this Agreement, the parties affirm that the parties are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes . Rev 06/25 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 . Amendment . This Contract may be amended in writing by mutual agreement of the Town and County . It . Assignment . This Contract shall not be assigned without the prior written consent of the parties . [ SIGNATURES ON FOLLOWING PAGE . ] E I I t t Rev 06/25 In witness whereof, the parties hereunto cause this agreement to be executed in their respective names to become effective on the date hereinabove written . Orange County Ja95zetta BAford Date Chair of Orange County BOCC Approved as to technical content : Elizabeth Overcash Animal Services Director Approved as to form and legal sufficiency : Martha Bordogna, Staff Attorney TOWN OF CHAPEL HILL DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER ATTEST BY TOWN CLERK : DEPUTY TOWN CLERK TOWN SEAL Town Clerk attests date this the day of .520 Approved as to Form and Authorization ATTORNEY FOR THE TOWN This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER DATE ORANGE COUNTY—DEPARTMENT USE ONLY Rev 06/25 Party/Vendor Name : Town of Chapel Hill Party/Vendor Contact Person : Chief Chris Blue Contact Phone : 919 968- 2760 Party/Vendor Address : 828 MLK Jr. Blvd. City : Chapel Hill State : NC Zip : 27514 Department: Animal Services Amount : $ 171 , 868 . 00 Purpose : Animal Control Services Budget Code(s) : 10215305489951 Vendor # : 64 (N/A if new vendor) Vendor is BOCC consultant? Yes ❑ No ❑ Contract Type (check one) : New ❑ Renewal ❑ Amendment ❑ Effective Date : 07/01 /2025 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 : 1 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 the Clerk upon completion : occlerkdocs@orangecountync . gov The following signature block is for hard copies only and is not required for DocuSign contracts : Office of the Cleric to the Board Date : I f E Rev 06/25 i