HomeMy WebLinkAboutRes 2010-20RESOLUTION NO. 2010 -20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY RELATING TO ANIMAL
CONTROL SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills
and Maricopa County dated July I, 2010, relating to animal control services (the "Agreement ")
is hereby approved in 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 carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
May 20, 2010.
FOR THE TOWN OF FOUNTAIN HILLS:
61. Schlum, Mayor
REVIEWED BY:
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Richard L. Davis, Town Manager
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ATTESTED TO:
APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2010-20
[Intergovernmental Agreement]
See following pages.
i.
1247949.1
O
INTERGOVERNMENTAL
AGREEMENT
FY 2011 -2013
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
MARICOPA COUNTY
AND THE TOWN OF FOUNTAIN HILLS
C.79-1o• 140.3.00
1241290
INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS
This Agreement for Animal Control Services (this "Agreement ") is entered into July 1,
2010, between Maricopa County, a political subdivision of the State of Arizona (the "County ")
and the Town of Fountain Hills, an Arizona municipal corporation (the "Town ").
RECITALS
Whereas, the County maintains facilities, equipment and trained personnel for the
maintenance, control and impoundment and/or destruction of unclaimed or vicious dogs and cats
including vaccination and licensing of dogs and rabies control; and
Whereas, the Town desires to contract for animal control services with the County, and
Whereas, the parties are authorized to enter into this Agreement by ARIZ. REV. STAT.
11 -952.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1. This Agreement contains all the terms and conditions agreed to by the parties. No
other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto. Nothing in this Agreement shall be
construed as a consent to any suit or waiver of any defense in a suit brought against the State of
Arizona, the County, or the Town in any State or Federal Court.
2. Within the corporate boundaries of the Town, the County shall be primarily
responsible for rabies /animal control in accordance with the Town's Rabies /Animal Control
Ordinance and Leash Law.
3. Included as a material part of this Agreement are the General Provisions, attached
hereto as Exhibit A and incorporated herein by reference.
4. The Town shall pay the County for animal control services as set forth in the
Compensation Schedule, attached hereto as Exhibit B and incorporated herein by reference for
the period from July 1, 2010 to June 30, 2013.
5. The County shall perform the animal control services in compliance with the
Performance Service Standards, attached hereto as Exhibit C and incorporated herein by
reference.
6. Every obligation of the County or the Town under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the payment of such obligation. If
12412981
funds are not allocated and available for the continuance of this Agreement, this Agreement may
be terminated by the County or the Town at the end of the period for which the funds are
available. No liability shall accrue to the County or the Town in the event this provision is
exercised, and the County or the Town shall not be obligated or liable for any future payments as
a result of termination under this section.
IN WITNESS WHEREOF, the parties enter into this Agreement as of the date first set
forth above.
"COUNTY"
Maricopa County,
a political subdivision of the State of Arizona
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Attest:
By: LP-r d , C�
DEputy Clerk of the Board
The foregoing Intergovernmental Agreement C -79 -01 -266 -2 has been reviewed pursuant to
ARiz. REV. STAT. § 11 -952, as amended, by the undersigned General Counsel, who has
determined that it is in proper form and within the powers and authority granted to Maricopa
County under the laws of the State of Arizona.
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1261298.2
WIMAM
Town of Fountain Hills,
an Arizona municipal corporation
By:�7( /!
Richard L. Davis, Town Manager
Attest:
The foregoing Intergovernmental Agreement C -79 -01 -266 -2 has been reviewed pursuant to
ARIz. Rev. STnT. § 11 -952, as amended, by the undersigned attorney who has determined that it
is in proper form and within the power and authority granted to the Town of Fountain Hills under
the laws of the State of Arizona.
By: JL/ Ir
Andrew J. McGuire, Town Attorney
1241298.2
EXHIBIT A
GENERAL PROVISIONS
Amendment:
This Agreement supersedes all previous agreements or understandings between the parties with
respect to animal control services. This Agreement may not be modified or waived except by
written amendment, duly executed by both parties.
Term:
This Agreement is effective upon recordation with the Maricopa County Recorder and shall
remain in effect until June 30, 2013. Any modification or amendment to the terms and
conditions of the Agreement shall be approved by both parties in writing.
Termination:
Either party may, with or without cause, terminate this Agreement by giving the other party 90
days written notice of such termination.
Insurance:
The parties agree to secure and maintain 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.
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 60 calendar days notice to the other party.
Default:
In the event of non - payment by Town for a period of 90 days after notice thereof from the
County, this Agreement shall be terminated and County's obligations hereunder shall
immediately cease.
County Reporting Obligations:
County shall provide Town with quarterly routine statistical and/or management reports
normally prepared by Maricopa County Animal Control Services ( "Animal Control Services ")
concerning the services provided pursuant to this Agreement.
Amendments to Ordinances:
Town shall not amend or repeal its Dog Control Ordinance or its Vicious Dog Ordinance without
giving County 90 days written notice prior to implementing any changes. County may decline to
enforce ordinance changes or may require additional compensation for enforcement.
Conflict of Interest:
Pursuant to the provisions of ARjz. REv. STAT. § 38 -511, the Town or County may cancel this
Agreement, without penalty or obligation, if any person significantly involved in initiating,
1241298.2
4
negotiating, securing, drafting or creating the contract on behalf of the Town or County is at any
time while the contract or any extension thereof is in effect any employee of any other party to
the contract in any capacity to any other party to the contract with respect to the subject matter of
the contract.
Indemnification:
A. County. To the extent permitted by law, the County and its Animal Care and
Control Services Department does hereby covenant and agree to indemnify,
defend and hold harmless the Town, its officers, employees and agents for, 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 act or omission of the County and Animal Care and Control
Services, its officers, employees, agents and anyone acting under its direction or
control, whether intentional or negligent, in connection with or incident to this
Agreement.
B. Town. To the extent permitted by law, the Town does hereby covenant and agree
to indemnify, defend and hold harmless the County, its officers, employees and
agents for, 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 act or omission of the Town, its officers,
employees, agents and anyone acting under its direction or control, whether
intentional or negligent, in connection with or incident to this Agreement.
E- Verification of Employees:
Both parties certify that they are in compliance with ARIZ. REV. STAT. § 41 -4401 and further
acknowledges:
(1) That they and their subcontractors, if any, warrant their compliance with all
federal immigration laws and regulations that relate to their employees and their compliance with
ARIZ. REV. STAT. § 23 -214, subsection A;
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material
breach of the contract that is subject to penalties up to and including termination of the contract;
(3) That the contracting government entity retains the legal right to inspect the papers
of any contractor or subcontractor employee who works on the contract to ensure that the
contractor or subcontractor is complying with the warranty provided under subsection I above
and that the contractor agrees to make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
(4) That nothing herein shall make any contractor or subcontractor an agent or
employee of the contracting government entity.
Business in Sudan or Iran:
Both Parties certify that under ARIZ. REV. STAT. § 35- 391.06 and 35- 393.06, they do not have
scrutinized business operations in either Sudan or Iran.
1241298.2
EXHIBIT B
COMPENSATION SCHEDULE
The undertaking of this Agreement will be financed by the Town's general fund.
The annual amounts due for each fiscal year shall be paid quarterly on August I", November I",
February I", and May 1"
1. COUNTY Service Level: Enhanced
2. Minimum Staffing: Adequate to respond to 100% of Service Area calls
3. Service Cost: $19,463.85
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EXHIBIT C
PERFORMANCE SERVICE STANDARDS
The Town is purchasing the County "Enhanced" level of service, which means that the County
shall respond to each and every request for assistance from Town residents for contracted
services. The County shall also meet the following standards in the performance of this
Agreement.
1. Response Time. The County shall arrive at the scene of an animal control incident in
accordance with the schedule listed below, unless otherwise requested by caller:
Schedule 1— 7:00 a.m. to 8:00 a.m.
Priority 1- Police /fire /bite dog at large 1 hour
Priority 2 - School 2 hours
Priority 3 - Confined stray dogs 5 hours
And investigations on dogs, cats
And bats that have been exposed to dog or cat
Priority 4 - Will show /leash law /area check 6 hours
On priorities 3 and 4, if the call comes in after the call center closes (5 p.m.),
then the response time will carry over until the next normally scheduled
work shift.
Schedule 2 — 8:00 p.m. to 7: 00 a.m.
Priority 1- Police /fire /bite bite dog at large 3 hours
2. Ordinance. Within the Town, the County shall be responsible for and enforce
rabies /animal control in accordance with the following sections of the Town Rabies /Animal
Control Ordinance with Leash Law:
Chapter 6 (Sections 6 -1 -1, 6 -1 -2, 6 -1 -4 through 6 -2 -18)
Chapter 7 --- : Animal Control.
In addition, the County may respond to requests from the Town or its residents to
enforce Title 11, Chapter 7, Article 6 and Article 6.1 of Arizona Revised Statutes,
and Title 13, Section 13 -2910.
3. Hours of Operation. The County shall operate a call center from 8:00 a.m. to 5:00 p.m.
seven days a week, excluding Thanksgiving, Christmas and New Years Day; the County
shall provide dispatch coverage from 7:00 a.m. until 10:00 p.m. seven days a week. The
County shall provide Priority I response services from 8:00 p.m. until 7:00 a.m., and on
Thanksgiving, Christmas and New Year's Day.
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