HomeMy WebLinkAboutRes 2003-51RESOLUTION NO.2003-51
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH MARICOPA COUNTY REGARDING THE USE OF
COUNTY ANIMAL SHELTERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,as follows:
SECTION 1.That the Intergovernmental Agreement between the Town of Fountain
Hills(the "Town")and Maricopa County (the "County")regarding theuse of the County's
animal shelters (the "Agreement")is hereby approved inthe form attached hereto as Exhibit A
and incorporated hereinby reference.
SECTION 2.That the Mayor,the Town Manager,the Town Clerk andthe Town
Attorney are hereby authorized and directed to take all steps necessary to cause the execution of
the Agreement.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona,September 4,2003.
FOR TH N OF FOUNTAIN HILLS:
Tirh G.Pickering,Town Manager
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ATTESTED TO:
APPRDVED AS TO FORM
Andrew J.McGuire,Town Attorney
HOLD FOR PICK UP
CLERK OF THE BOARD
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OFFICIAL RECORDS OF
MARICOPACOUNTYRECORDER
HELEN PURCELL
2003-1677143 12/10/03 15:59
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OELROSSOA
CAPTIONHEADING:Intergovernmental Agreement between
Maricopa County and the Town of Fountain Hillsfor animal
shelter services C-79-04-039-2
DO NOT REMOVE
This is part of the official document
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS ._.r
AND MARICOPA COUNTY b '7^^
REGARDING THE USE OF COUNTY ANIMAL SHELTERS
THIS ESfTERGOVERNMENTAL^AGREEMENT for animal shelter services (this
"Agreement")is made and entered into Ou.1^|.2003 by and between Maricopa County (the
"County"),a political subdivision of the State of Arizona and the Town of Fountain Hills (the
"Town"),amunicipal corporation oftheStateofArizona.
WHEREAS,the County maintains facilities,equipment,and trained personnel for the
intakeand humane sheltering of animals;and
WHEREAS,the Town desires toenterintoan agreement with the County for animal
sheltering services;and
WHEREAS,the County andtheTownare authorized,pursuant to A.R.S.§11-952,
A.R.S.§11-201(A)(3),and A.R.S.§11-1001 et.seq.,toenterintothis Agreement.
NOW,THEREFORE,thepartiesmutuallyagree:
1.Responsibilities of the County
1.1 TheCountyshallimpoundandquarantine,inaccordancewithA.R.S.§11-1014,
any animal suspected of having rabies and delivered bythe Town orany resident ofthe
Town toa County animal shelter;
1.2 The County shall keep and maintain,ata County animal shelter,stray dogs and
straycatsnot suspected of having rabies,and delivered bytheTownorany resident of
the Town for a minimum of72 hours unless claimed by their owners.The County may
place anydogorcatnot redeemed byitsownerforsaleormay dispose ofthe animal ina
humane manner in accordance with law.TheCountymay euthanize impounded sickor
injured animals whenever necessary to prevent inhumane,unhealthy or dangerous
conditions or circumstances;
1.3TheCountyshallbilltheTownonaquarterlybasisforservicesrendered.
2.Responsibilities of the Town
2.1 The Town shall paythe County an impound feeof $50.00 foreachstraydogand
catimpoundedbytheCountypursuanttothisAgreement;
2.2TheTownshallpaytheCountyanimpoundfeeof$61.00foreachferalcat
impounded bytheCountypursuanttothis Agreement;
2.3The Town shallpaythe County a euthanasia feeof $25.00 foreachanimal
euthanized bytheCounty pursuant tothis Agreement;
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2.4 The Town shall pay the County a boarding fee of $10.00 per dav 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 $61.00 impound fee;
2.5 The Town shall pay the County a $25.00 fee for each deceased rabid animal
submitted tothe Arizona State Laboratory and $50.00 for each rabid animal delivered
that is euthanized by the County and submitted to the Arizona State Laboratory;
2.6 The Town shall make payments promptly upon receipt and verification of County
invoices,nolessthanquarterly.
2.7 The Town has appropriated sufficient funds in its fiscal year 2003-04 budget to
payforfeescharged pursuant tothisAgreement.
3.Indemnification
To the extent permitted by law,the County and the 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
acts 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 terms of the agreement shall be from the date set forth above until June 30,2004 and may be
renewed for subsequent one-year periods upon the mutual written agreement of the parties.
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.This Agreement may be terminated at any time
without notice and without further obligation to the terminating party when the other party is
found tobein default of any material provision of this Agreement.
5.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 this Agreement on behalf of the terminating party is at any time while the
Agreement or any extension thereof is in effect an employee of the other party to the Agreement
in any capacity with respect tothe subject matter ofthis Agreement.
6.Applicable Law
This Agreement and all obligations upon the County or the Town arising therefrom shall be
subject to any limitations of budget law or other applicable local law or regulations.
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7.Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter of
thisAgreementandanymodificationoramendmenttothetermsandconditionsofthis
Agreementshallbedoneinwritingandsignedbybothparties.
IN WITNESS WHEREOF,the parties enterintothis Agreement asofthedate first set
forth above.
'COUNTY'
MaricopaCounty,apolitical subdivision
of the State of Arizona
^i^//trfz**—•
Chairman,Board of Supervisors
Attest:
Clerk of the Board
l2-jdJ02>
"TOWN"
Town of Fountain Hills,an Arizona
municipal corporation
W.J.Nicho
Attest:
Bv:/yyx//^iW
BevelynJ.Be^derVTownClerk
In accordance with the requirements of A.R.S.§11-952(D),the undersigned attorneys
acknowledge that (i)they have reviewed the above Agreement on behalf of their respective
clientsand(ii)astotheirrespectiveclientsonly,eachattorneyhasdeterminedthatthis
Agreement isinproper form andthat execution hereofis within the powers and authority granted
under the laws of the State of Arizona.
Deputy County Attorney
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AndrewJ.McGuire,TownAttorney