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Home My WebLink AboutRes 2013-21r A RESOLUTION NO. 2013-21 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL SHELTER SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement with Maricopa County for Animal Shelter Services (the "Agreement ") is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to cant' out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 16, 2013. FOR THE TOWN OF FOUNTAIN HILLS: �42w. T REVIEWED BY: Kenneth W. Buchanan, Town Manager 1950612.1 ATTESTED TO: EpA�0-la, , F , 1, A MW APPRPIZED AS TO FORM: A& Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2013-21 [Agreement] . - See following pages. 1950612.1 N �*A a INTERGOVERNMENTAL AGREEMENT FISCAL YEARS 2014 -2018 AGREEMENT FOR ANIMAL SHELTER SERVICES 1946236.2 BETWEEN Maricopa County and the Town of Fountain Hills INTERGOVERNMENTAL AGREEMENT USE OF COUNTY ANIMAL SHELTERS THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement ") for animal shelter services is made and entered into July 1, 2013, by and between Maricopa COUNTY ( "COUNTY "), a political subdivision of the State of Arizona and the TOWN of Fountain Hills ( "TOWN "), a municipal corporation of the State of Arizona. WHEREAS, the COUNTY maintains facilities, equipment and trained personnel for the intake and humane sheltering of animals; and WHEREAS, the TOWN desires to enter into an agreement with the COUNTY for animal sheltering services; and WHEREAS, the COUNTY and the TOWN are authorized pursuant to A.R.S. §11 -952, A.R.S. §11- 201(A)(3) and A.R.S. §11 -1001 et. seq. to enter into this Agreement. NOW THEREFORE, the Parties mutually agree: 1. Responsibilities of the COUNTY 1.1 COUNTY shall impound and quarantine in accordance with A.R.S. §11- 1014, any animal suspected of having rabies and delivered by TOWN or any resident of TOWN to a COUNTY animal shelter. 1.2 COUNTY shall keep and maintain, at a COUNTY animal shelter, stray dogs and stray cats not suspected of having rabies, and delivered by TOWN or any resident of TOWN for a minimum of 72 hours unless claimed by their owners. COUNTY may place any dog or cat not redeemed by its owner for sale or may dispose of the animal in a humane manner in accordance with the law. COUNTY may euthanize impounded sick or injured animals whenever necessary to prevent inhumane, unhealthy or dangerous conditions or circumstances. 1.3 COUNTY shall bill TOWN on a quarterly basis for services rendered. 2. Responsibilities of TOWN 2.1 The TOWN shall pay the COUNTY an impound fee of $45.00 for each stray dog and cat impounded by the COUNTY pursuant to this Agreement. 1946236.2 2 2.2 The TOWN shall pay the COUNTY an impound fee of $96.00 for each feral cat impounded by the COUNTY pursuant to this Agreement. 2.3 The TOWN shall pay the COUNTY a euthanasia fee of $23.00 for each animal euthanized by the COUNTY pursuant to this Agreement. 2.4 The TOWN shall pay the COUNTY a boarding fee of $31.00 per day for each animal impounded by the COUNTY pursuant to this Agreement, with the exception of feral cats, in which case, the daily boarding fee is included in the $96.00 impound fee. 2.5 The TOWN shall pay the COUNTY a $105.00 fee for each deceased animal not involved in a bite situation that is submitted to the Arizona State Laboratory and $125.00 for each animal not involved in a bite situation and is euthanized by the COUNTY and submitted to the Arizona State Laboratory. 2.6 The TOWN shall compensate the COUNTY quarterly for services performed under this Agreement in accordance with Appendix A of this Agreement, as may be amended pursuant to this Agreement. 2.7 The TOWN has appropriated sufficient funds in its fiscal year 2014 budget to pay for fees charged pursuant to this Agreement. Appropriations for subsequent fiscal years shall be subject to approval by the TOWN. 3. Indemnification To the extent permitted by law, COUNTY and TOWN shall indemnify, defend and hold harmless each other, each other's officers, employees, contractees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement which are the result of any intentional or negligent act or omission of the indemnitor or indemnitor's officers, employees, contractees, agents and anyone acting under its direction or control. 4. Duration and Termination The term of this Agreement shall be from July 1, 2013 through June 30, 2014 (the "Initial Term "). After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one -year terms (each, a "Renewal Term ") by the mutual written agreement of the Parties, subject to the availability and appropriations for funds for renewal. Either Party may terminate this Agreement at any time and without cause by giving written notice 90 days prior to the actual date of termination. 1946236.2 3 5. A rA Q Default If either Party fails to perform any obligation pursuant to this Agreement and such Party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non - defaulting Party, such Party will be in default. In the event of such default, the non - defaulting Party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting Party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting Party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting Party immediately (A) provides written notice to the non - defaulting Party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 60 days. Conflict of Interest Pursuant to the provisions of A.R.S. § 38 -511, either Party may cancel this Agreement without penalty or obligation, if any person significantly involved in the initiating, negotiating, securing, drafting or creating of this Agreement on behalf of the terminating Party is at any time while this Agreement or any extension thereof is in effect an employee of the other Party to this Agreement in any capacity with respect to the subject matter of this Agreement. Applicable Law This Agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any limitations of budget law or other applicable local laws or regulations. Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement and any modification or amendment to the terms and conditions of this Agreement shall be done in writing and signed by both Parties. Insurance The Parties agree to secure and maintain sufficient insurance coverage for any and all risks that may arise out of the terms, obligations, operations and actions as set forth in this Agreement including, but not limited to, public entity insurance. The acquisition of insurance or the maintenance and operation of a self - insurance program may fulfill the insurance requirement. 1946236.2 4 10. Record Keeping and Audits The Parties agree to maintain and furnish to each other such records and documents pertaining to the services provided pursuant to this Agreement as may be required by this Agreement and any applicable Federal and State laws, rules and regulations. Each Party, prior to conducting an audit, must give sixty (60) calendar days' notice to the other Party. Notice shall be given as provided in section 11(C). 11. General Provisions A. The COUNTY and TOWN warrant they are in compliance with the provisions of A.R.S. §41 -4401 (e- verify). B. Pursuant to A.R.S. §§ 35- 391.06 and 35- 393.06, all Parties hereby warrant and represent that they do not have, and their subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran. C. Notices. Whenever written notice is required or permitted to be given by any Party to the other, such notice shall have been deemed to have been sufficiently given if personally delivered or deposited in the United States Mail in a properly stamped envelope, certified or registered mail, return - receipt- requested, addressed to: Animal Shelter Services: Rodrigo Silva, Assistant County Manager Maricopa County Animal Care and Control 2500 S. 27th Avenue Phoenix, Arizona 85009 Town of Fountain Hills: Kenneth W. Buchanan, Town Manager 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Copy to: Andrew J. McGuire, Town Attorney Gust Rosenfeld, PLC One E. Washington Street, Suite 1600 Phoenix, Arizona 85004 1946236.2 5 D. This Agreement shall not be assigned, in whole or in part, without the prior written consent of the Parties, and any purported assignment in contravention of this provision shall be null and void. E. This Agreement shall be construed in accordance with the laws of the State of Arizona. F. Each Party shall comply with all applicable Federal and State laws, ordinances, Executive Orders, rules, regulations, standards and codes whether or not specifically referenced herein. IN WITNESS WHEREOF, the Parties hereto enter into this Agreement as of the date first set forth above. "COUNTY" Maricopa County, a political subdivision of the State of Arizona sm Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board of Supervisors liliq Town of Fountain Hills, an Arizona Municipal corporation By: M ;��—Q o Date: FYI I3 ATTEST: / /. Pursuant to A.R.S. § 11 -952 D, the attorneys for the Parties have determined that the foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted to the Parties under the laws of the State of Arizona. Attorney for the County 1946236.2 6 Town Attorney APPENDIX A FOUNTAIN HILLS ESTIMATED COSTS* SERVICE AMOUNT FEE TOTAL COST Impounds 87 $45.00 each $3915.00 Kennel Da s 473 $31.00 per day $14663.00 Feral Cat Impounds 6 $96.00 each $576.00 Total Euthanized 31 $23.00 each $713.00 Deceased Animals to the State Lab 0 $105.00 each 0 Euthanized Animals to the State Lab 0 $125.00 each 0 *Based on FY2006 -2013 Results COMPENSATION SCHEDULE 1. COUNTY Service: Shelter Services 2. Minimum Staffing: Adequate to maintain shelter services 3. Estimated Service Cost: $20,000 per fiscal year. 1946236.2