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Home My WebLink AboutRes 2003-35.ARESOLUTION NO.2003-35 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL CONTROL SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA as follows: SECTION1.ThattheIntergovernmentalAgreementbetweentheTown of Fountain Hills and Maricopa County relating to animal control services (the "Agreement")is hereby approved intheformattachedheretoasExhibitAand incorporated hereinby reference. SECTION2.Thatthe Mayor,theTown Manager,theTownClerkandtheTown Attorney arehereby authorized and directed totakeallsteps necessary tocausethe execution of the Agreement. PASSEDANDADOPTED bytheMayorand Council oftheTownof Fountain Hills, Arizona,July 1,2003. FOR THE TOWISTOF FOUNTAIN HILLS: REVIEWE TimG.Pickering,TownManager 9196.004YMC IGA Animal ControLres.doc 6-11-03-1 ATTESTED TO: levelyn J.Erandetf Town Clerk APPROVED AS TO FORM: AndrewJ.McGuire,Town Attorney 3LERKOFTHE BOARD BASKETPICKUP OFFICIAL RECORDS 0 MARICOPA COUNTY RECORDER HELEN PURCELL 2003-1258418 09/09/03 09:34 8 OF 12 INTERGOVERNMENTAL AGREEMENT FY 2004-2006 C-TJ-()<(-&(S-^ AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS 9196.004\MC 1GA -Animal Control.v2.doc 6-23-03 INTERGOVERNMENTAL AGREEMENT FY 2004-2006 AGREEMENT FOR ANIMAL CONTROL SERVICES (BETWEEN MARICOPA COUNTY AND THE TOWN OF FOUNTAIN HILLS 9196.004\MC IGA -Animal Control.v2.doc 6-23-03 • • t 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 /. 2003,between Maricopa County,a political subdivision of the State of Arizona (the "County") andthe Town of Fountain Hills,an Arizona municipal corporation (the "Town"). Whereas,the County maintains facilities,equipment and trained personnel forthe maintenance,control and impoundment and/or destruction of unclaimed or vicious dogsandcats including vaccination and licensing of dogsand rabies control;and Whereas,the Town desires to contract for animal control services with the County;and Whereas,the parties are authorized to enter intothis Agreement by Ariz.Rev.Stat.§ 11-952. NOW,THEREFORE,in consideration of the covenants contained herein,the parties agree as follows: 1.This Agreement contains allthe terms and conditions agreed tobythe parties.No other understanding,oral or otherwise,regarding the subject matter of this Agreement shallbe deemed to exist or to bind any of the parties hereto.Nothing inthis Agreement shallbe construed asa consent toany suit or waiver of any defense ina 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 responsible for rabies/animal control in accordance with the following sections of the Town's Rabies/Animal Control Ordinance and Leash Law,Town of Fountain Hills Town Code,Chapter 6 (Section 6-1, except 6-1-3tothe extent thatit applies to barking dogs;Section 6-2,except 6-2-3and 6-2-4). 3.The Town shallpaythe County forthe enhanced level of animal control services fortheperiodfromJuly1,2003toJune30,2006.Itis agreed thattheCountywillprovide staffing adequate to respond to100%of contracted calls according tothe timelines listed below (unless otherwise requested by caller): Schedule 1-7:00 a.m.to 10:00 p.m. Priority 1-Police or fire request for our officer to respond;or bite animal atlarge 1 hour Priority 2-Call from school while in session 2 hours Priority 3-Confined stray dogs 4 hours and investigations on dogs,cats and bats that have bitten a human being 9196.004\MC 1GA -Animal Control.v2.doc 6-23-03 c Priority4-Willshow/leashlaw/area check/other 6hours On priorities 3and4,ifthecallcomesinafterthecall center closes(6p.m.),thenthe responsetimelimitsmaycarry over untilthenext normally scheduled workshift. Schedule 2-10:00 p.m.to 7:00 a.m. Priority 1-Police orfire request forour officer to3hours respond;orbiteanimalatlarge 4.Field Communications Center Hours of Operation.The County shall operate a call center from7a.m.to6p.m.seven days a week,excluding Thanksgiving and Christmas;the Countyshall provide dispatch coverage from7a.m.until10p.m.sevendaysaweek,excluding Thanksgiving and Christmas.The County shall provide emergency response services from10 p.m.until7a.m.,andon Thanksgiving and Christmas. 5.Costs:Theannual amounts dueforeachfiscalyearshallbepaidquarterlyon August 1st,November 1st,February 1st,and May 1st.The service costs for FY05 and FY06 are estimated,and willbe based onthe preceding year's actual calls for service. Fiscal Year 2003-2004 Fiscal Year 2004-2005 Fiscal Year 2005-2006 $17,187 estimated $18,046 estimated $18,948 6.Included asa material part of this Agreement are the General Provisions,as listed below: Amendment: This Agreement supersedes all previous agreements or understandings between the parties with respecttoanimalcontrolservices.This Agreement maynotbe modified or waived exceptby written amendment,duly executed by both parties. Term: This Agreement is effective upon recordation with the Maricopa County Recorder andshall remain in effect until June 30,2006.Any modification or amendment tothetermsand conditions of the Agreement shallbe approved byboth 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: Thepartiesagreetosecureandmaintain insurance coverage foranyandallrisksthatmayarise out of the terms,obligations,operations and actions assetforthinthis Agreement,including but not limited topublic entity insurance.The acquisition of insurance orthe maintenance and operation ofa self-insurance program mayfulfillthe insurance requirement. 9196.004\MC 1GA -Animal Control.v2.doc 6-23-03 c Record Keeping and Audits: The parties agree to maintain and furnish to each other such records and documents pertaining to theservices provided pursuant tothis Agreement asmaybe required bythis Agreement andany applicable Federal and State laws,rulesand regulations.Eachparty,prior to conducting an audit,mustgive60 calendar days notice tothe other party. Default: Inthe event of non-payment by Town fora period of 90days after notice thereof fromthe 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 ControlServices ("Animal Control Services") concerning the services provided pursuant tothis Agreement. Amendments to Ordinances: Town shallnot amend or repeal its rabies/animal control ordinance without giving County 90 days written notice prior to implementing any changes.County may decline to enforce ordinance changes ormay require additional compensation for enforcement. Conflict of Interest: Pursuant tothe provisions of Ariz.Rev.Stat.§38-511,the Town or County maycancelthis Agreement,without penalty or obligation,ifanyperson significantly involved ininitiating, negotiating,securing,drafting or creating the contract on behalf of the Town or County isatany timewhilethe contract orany extension thereof isineffectany employee ofany other partyto the contract inany capacity toany other party tothe contract with respect tothe subject matter of the contract. Indemnification: A.County.Tothe extent permitted bylaw,the County andits Animal Careand Control Services Department doeshereby covenant andagree to indemnify, defend and hold harmless the Town,its officers,employees and agents fromand against any and all suits,actions,legalor administrative proceedings,claims, demands or damages of any kind or nature relating tothis Agreement which are the result of anyactor 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 tothis Agreement. B.Town.Tothe extent permitted bylaw,the Town does hereby covenant and agree to indemnify,defend and hold harmless the County,its officers,employees and agents from and against anyand all suits,actions,legal or administrative proceedings,claims,demands or damages of any kind or nature relating tothis 9196.004\MC IGA -Animal Control.v2.doc 6-23-03 • Agreement which arethe result of anyact 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. IN WITNESS WHEREOF,the parties enter into this Agreement as of thedatefirstset forth above. "COUNTY" Maricopa County,a political subdivision of the State of Arizona /^r «fgi Chairman,Board of Supervisors Attest: By//AiwJLy ferk of the Board deputy TOWN' Town of Fountain Hills,an Arizona municipalcorporation / 1G5 Bv://</A^^t^O t W.J.Nichols,Mayor Attest: In accordance withthe requirements ofA.R.S.§11-952(D),the undersigned attorneys acknowledge that(i)theyhave reviewed theabove Agreement on behalf oftheir respective clients and(ii)asto their respective clients only,each attorney has determined thatthis Agreement is in/proper form andthat execution hereof is within the powers and authority granted under the lawis/pf the State of Arizona. Deputy County Attorney 9196.004\MC 1GA -Animal Control.v2.doc 6-23-03 Andrew J.McGuire,Town Attorney