Loading...
HomeMy WebLinkAboutC2022-088IGA - Maricopa County Animal ControlPAGE 1 OF 15 Town of Fountain Hills IGA INTERGOVERNMENTAL AGREEMENT MARICOPA COUNTY ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY [Administered by its Animal Care & Control Department] and THE TOWN OF FOUNTAIN HILLS THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) for Animal Control Services is entered by and between Maricopa County, a political subdivision of the State of Arizona, administered by its Animal Care & Control Department (“MCACC”) (collectively referred to as “County”), and the TOWN OF FOUNTAIN HILLS (“Town”), a municipal corporation of the State of Arizona. The County and Town are collectively referred to as “Parties” and individually as “Party.” In consideration of the following, the Parties agree as follows: 1.0 PURPOSE: The purpose of this Agreement is to memorialize the Parties’ rights and responsibilities regarding the County’s provision of Animal Control Services to the Town. The Town needs Animal Control Services and desires to enter into this Agreement with the County to appoint the County as the statutory Enforcement Agent for the City to administer Animal Control Services, as defined in this Agreement. 2.0 AUTHORITY 2.1 Arizona Revised Statutes (“A.R.S.”) § 11-952 and 11-1013 authorize the County and Town, as public agencies, to enter IGAs for joint cooperative action, which includes animal control services; 2.2 A.R.S. § 11-251(47) authorizes the County to make and enforce ordinances for the protection and disposition of Domestic Animals subject to inhumane, unhealthful, or dangerous conditions or circumstances; 2.3 A.R.S. § 11-1005(A)(3) and County Ordinance No. P-13, Rabies/Animal Control (“County Ordinance No. P-13”) authorize the Board of Supervisors to contract with the Town to enforce the provisions of any Town ordinance enacted for the control of dogs if the provisions are not specific to breed; 2.4 A.R.S. § 11-201(A) authorizes the Board of Supervisors (“BOS”) to act on behalf of the County; PAGE 2 OF 15 Town of Fountain Hills IGA 2.5 Pursuant to A.R.S. § 11-1005(A)(1), the BOS has designated MCACC as the “County enforcement agent” to perform animal control services. A.R.S. § 11-1007 authorizes the County enforcement agent to carry out its duties; and, 2.6 Pursuant to A.R.S. §§9-240(B) (16)(a)-(d), the Town is authorized to regulate dogs and other animals within the Town. 3.0 TERM: This Agreement is effective on July 1, 2022 (“Effective Date”) and terminates on June 30, 2027 (collectively, “Term”). 4.0 RENEWAL: The Parties may renew this Agreement up to two successive twelve-month terms/as many times as desirable, but each extension may not exceed the duration of the Term (“Renewal”). 5.0 AMENDMENTS:Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by authorized signers for Parties. The Parties may renew or amend this Agreement upon the mutual written agreement signed by authorized signers for the Parties. 6.0 DEFINITIONS 6.1 The Definitions at A.R.S. § 11-1001 and Town Code § Chapter 6 are hereby incorporated into this Agreement and shall be capitalized when used in this Agreement. In the event the County and Town definitions conflict, the County definitions shall control. Additionally, the following terms are used in this Agreement. 6.2 Aggressive Dog: Any dog that has bitten a person or domestic animal without provocation or that has a known history of attacking persons or domestic animals without provocation. 6.3 Animal: Refers to dogs but may also include cats that have bitten a human. 6.4 Animal At-Large: A dog that is not contained by an enclosure or physically restrained by a leash. 6.5 Animal Control Ordinance:Laws set forth by A.R.S. Title 11, ordinances adopted by Maricopa County for unincorporated Maricopa County, and ordinances adopted by Town contracted with County to provide Animal Control Services. 6.6 Animal Control Facilities: Refers to the County Animal Pounds established pursuant to A.R.S. § 11-1013. 6.7 Animal Control Services: Services provided by County that have been contracted and approved by the Town and the County. Animal Control Services includes the following services performed within the response periods prescribed in Appendix B: 6.7.1 control or impound of Animals (dogs) At-Large; 6.7.2 enforcement of licensing and rabies vaccination laws and ordinances; and 6.7.3 rabies surveillance and impound of Animals who have bitten a human. PAGE 3 OF 15 Town of Fountain Hills IGA 6.8 Bite Animal At-Large: An Animal that has bitten a human. 6.9 Confined Stray:Any dog thathas been found roaming at large and the primary finder has taken into their private home or business for the purpose of confinement at the County Pound. 6.10 County Observed Holidays: Refers to the County holidays listed on the County Clerk of Court website. 6.11 Domestic Animal: As defined at A.R.S. § 11-251(47), an animal kept as a pet and not primarily for economic purposes. 6.12 Enforcement Agent: As defined at A.R.S. § 11-1001(4), the person in each County who is responsible for the enforcement of the animal control statutes and any rules adopted pursuant to those statutes. 6.13 Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven (7) days a week except County Observed Holidays. Restricted access available to police and fire needing assistance with Priority 1 activities. Not intended for general public access. Communication police line is direct service dispatcher to dispatcher. 6.14 Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County Observed Holidays. 6.15 Owner:As defined in A.R.S. § 11-1001(10), any person keeping an animal other than livestock for more than six consecutive days. 6.16 Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public involving a Bite Animal At-Large. 6.17 Priority 2 Dispatch: Request for service involving an Animal At-Large on school property while school is in session, Aggressive Dog(s), or, if the dog is reported to have any type of injury or sickness, Stray Dogs in imminent harm. May include lower level calls for service that require immediate attention based on the situation. 6.18 Priority 3 Dispatch: Request for service to impound stray dogs confined by the primary finder, at a private home or business or bite cases that have not just occurred to investigate and/or advise quarantine. 6.19 Priority 4 Dispatch: Request for service to enforce license or leash laws. The location of the dog and dog owner is known, and a violation witnessed and reported for investigation of leash law. 6.20 Primary Finder: Person who has located and confined a stray dog and has taken the dog into their private home or business for purposes of confinement at County Animal Control Facilities. 6.21 Response Time: The time within which the County will respond to a call for service which varies based on the time of the call and the priority assigned to the call. 6.22 Stray Dog: Means any dog three months of age or older running at-large that is not wearing a valid license tag. PAGE 4 OF 15 Town of Fountain Hills IGA 6.23 Sick or Injured: A stray dog which has been reported to have some type of injury or suffering from some type of illness. This can include but is not limited to hit by a car, limping, suffering from heat related issues. 6.24 Third Party:A person or group, not under contract with the County or other municipality, that receives from the primary finder, traps, picks up, and/or confines for any period of time, Animals from another. For example, veterinarians and citizen groups who receive Animals from others are Third Parties under this Agreement. Businesses contracted by government jurisdictions to provide Animal Control Services are not Third Parties under this Agreement. 7.0 COUNTY RESPONSIBILITIES The County agrees to: 7.1 Provide Animal Control Services to the Town, as defined and further prescribed in Appendix B. 7.2 Submit invoices quarterly for Animal Control Services provided. 7.3 If the Town changes its ordinance, the County may at its option, decline to enforce the changes to the ordinance or enter a written amendment adding enforcement of such changes, which may include modification of service and additional payment terms. 8.0 TOWN RESPONSIBILITIES The Town agrees to: 8.1 Pay the County for Animal Control Services performed under this Agreement in accordance with Appendix A of this Agreement. The Town will submit payment to County within thirty (30) days of receiving an invoice. 8.2 Notify the County of Town ordinance changes no later than 90 days prior to the effective date of the change. 9.0 RECORDS 9.1 At minimum, the Parties shall keep the following records under this Agreement (“Records”): 9.1.1 Intake counts; 9.1.2 Electronic impound records; 9.1.3 Documentation of Town attempts to return Animal to owner; 9.1.4 All documentation related to dog licenses; 9.1.5 All documentation related to rabies; 9.1.6 All documentation related to Immigration, E-Verify, and compliance with paragraph 20 of this Agreement; and 9.1.7 Any other books, accounts, reports, files, or other documents related to this Agreement required under law. PAGE 5 OF 15 Town of Fountain Hills IGA 9.2 The Town will have access to County dog licensing data through a web portal, calls to the animal control facility, and by email. 9.3 The Parties shall retain records in accordance with their applicable retention rules and policies. The County shall retain records in accordance with the County Records Management policy, A2101. The Town shall retain records in accordance with applicable law. 9.4 The Parties waive their respective public records procedure for obtaining Records, including when using the web portal, phone calls, or emails for licensing data. 9.5 The Parties shall have full access to, and the right to examine, copy, and make use of, all Records relevant to this Agreement no later than ten (10) business days from the date of request. 9.6 The Parties acknowledge some Records may be protected from disclosure under Arizona law. The Parties shall consult with counsel prior to disclosing. 10.0 REPORTING: The Countyshall provide the Town with quarterly routine statistical and/or management reports which provide the following information: the number of calls, the date and time the call was received, incident address or area, descriptor (stray/dangerous), and disposition of the call concerning the services provided pursuant to this Agreement. 11.0 FINANCING: The Town will pay for the impounding and quarantining activities under this Agreement pursuant to the fees and costs schedules in Appendices A and B to this Agreement. 12.0 NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every payment obligation of the Town under this Agreement is conditioned upon the availability of funds appropriated and allocated for the payment of such obligation. If funds are not appropriated, allocated and available or if the appropriation is changed by the appropriating body resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated by the County at the end of the period for which funds are available. No liability shall accrue to the Town or County in the event this provision is exercised, and neither Party shall be obligated or liable for any future payments or for any damages due to termination under this paragraph. 13.0 AUDITS 13.1 Each Party may audit and inspect the other Party’s work to verify compliance with this Agreement. 13.2 All Records shall be subject at all reasonable times to inspection and audit by either Party for five years after completion of the Agreement. 13.3 The owner of the Records shall produce the requested Records in accordance with this Agreement. PAGE 6 OF 15 Town of Fountain Hills IGA 13.4 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 14.0. 14.0 NOTICE: Whenever written notice is required or permitted under this Agreement, such notice shall be 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 – or electronically mailed, addressed to: MARICOPA COUNTY TOWN OF FOUNTAIN HILLS Maricopa County Animal Care & Control Shelter and Field Operations c/o Al Aguinaga 2500 S 27th Avenue Phoenix, AZ 85009 (602) 506-2766 cc: Maricopa County Animal Care & Control c/o Kristi McMahon 2500 S. 27th Avenue Phoenix, AZ 85009 (602) 506-5100 Town of Fountain Hills c/o Grady Miller, Town Manager 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Cc: Town of Fountain Hills c/o Aaron Arnson, Town Attorney 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 15.0 TERMINATION 15.1 Any Party may terminate this Agreement at any time without cause by giving ninety (90) days’ written notice in compliance with the Notice requirements of this Agreement in section 14. The County may terminate the Agreement immediately upon discovery that the life, health, or safety of an animal or person is in jeopardy because of the actions or inaction of the Town. The failure of the Town to provide requested information on a bite incident, attack incident, and/or stray hold constitute[s] the jeopardy of life, health, and safety of an animal and person and is grounds for immediate termination. 15.2 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 to the subject matter of this Agreement. PAGE 7 OF 15 Town of Fountain Hills IGA 15.3 In the event of non-payment by Town, this Agreement shall terminate as of the date of last payment received and County obligations hereunder shall immediately cease. 15.4 Upon termination of this Agreement, all property involved will revert to the owner. Termination will not relieve any Party from liabilities or costs already incurred under this Agreement, nor affect any ownership pursuant to this Agreement. Any Eligible Animals still in the custody of the County at the termination of this Agreement will become the property of the Town at the end of the hold period established by statute and will be governed by this Agreement. 16.0 INDEPENDENT CONTRACTOR: The Town is an independent contractor, including the Town’s employees, agents, and subcontractors. Nothing in this Agreement will be construed to create any partnership, joint venture, or employment relationship between the Parties or create any employer-employee relationship between a Party and the employees of the other Party. Neither Party will be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other. 17.0 SUBCONTRACTING: The Town shall not subcontract or assign any responsibility or portion of this Agreement to a subcontractor without the prior, express, written consent of the County. The Countyreserves the right to reject a subcontractor if the Countydetermines the subcontractor fails to comply with any term of this Agreement or if the County determines the subcontractor does not pass a background check or fails any other criteria related to the health or safety of Animals and employees. 18.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the prior written consent of the Parties, and any assignment in contravention of this provision shall be null and void. 19.0 NONDISRCIMINATION: The Parties agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, nondiscrimination, including the Americans with Disabilities Act, and affirmative action. 20.0 IMMIGRATION; E-VERIFY: To the extent applicable under A.R.S. § 41-4401, the Parties warrant compliance, on behalf of themselves and all subcontractors, with all federal immigration laws and regulations relating to their employees, and, compliance with the E- Verify requirements under A.R.S. § 23-214(A). Any Party’s breach of the above- mentioned warranty shall be deemed a material breach of this Agreement and the non- breaching Party may terminate this Agreement. The Parties retain the legal right to inspect PAGE 8 OF 15 Town of Fountain Hills IGA the papers of any other Party to ensure that the Party is complying with the above- mentioned warranty under this Agreement. 21.0 INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and its departments, agencies, boards, commissions, officers, officials, agents, employees, and volunteers (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party and its departments, agencies, boards, commissions, officers, officials, agents, employees, and volunteers (as “Indemnitee”), from and against any and all claims, actions, liabilities, damages, losses, costs, or expenses (including court costs, attorneys’ fees, claim processing) (collectively, “Claims”) arising out of bodily or personal injury of any person (including death) or tangible or intangible property damage, in whole or in part, by the negligent or willful acts or omissions of Indemnitor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation law. It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Indemnitor against all Claims. It is agreed that the Townwill be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the County or the Town in any State or Federal Court arising from the negligent or willful acts or omissions of the Parties. 22.0 DISPUTE RESOLUTION: In the event a dispute under this Agreement arises between the Parties, the Parties will follow this process: 22.1 The Parties will meet and confer in person about the issue. The Parties will make their best efforts to reach a resolution at this meeting. 22.2 If the Parties are unable to resolve the conflict after the in-person meeting, within ten (10) business days after the meeting, the Party raising the issue shall prepare a written conflict report and deliver to the other/receiving Party for a response. The conflict report shall include, at minimum, a section summarizing relevant background, an issue statement, and a proposed solution. The receiving Party shall prepare and deliver a written response within ten (10) business days from the date of receipt of the conflict report. 22.3 If the Parties cannot resolve the issue after assessing the conflict report and response, the Parties shall once again meet and confer in person to discuss the conflict report and response and try to resolve the issue. The Parties shall make their best efforts to reach a resolution at this meeting. 22.4 If the Parties are still unable to reach a resolution, the Parties may seek resolution through mediation/arbitration. The Parties may provide the conflict report and response to the arbitrator to aid in resolution. The Parties shall select a mutually acceptable third-party as arbitrator. Each party shall bear its own arbitration fees, attorneys’ fees, and costs. PAGE 9 OF 15 Town of Fountain Hills IGA 23.0 PARTIAL PERFORMANCE: The failure of either Party to insist in any one or more instances upon the full and complete performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other term, either in the past or in the future. 24.0 FORCE MAJEURE: Neither Party shall be responsible for delays or failures in performance resulting exclusively from unanticipated, unpreventable, uncontrollable, exceptional, and overwhelming events or acts. This includes acts or events of nature, such as fires, pandemics, floods, hurricanes, monsoons, tornadoes, or communication line or power failures; and, acts or events of people, such as riots, wars, and governmental regulations imposed after the fact. 25.0 INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for 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. 26.0 APPLICABLE LAW: Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations, standards, and codes of the Federal and State whether or not specifically referenced herein. 27.0 VENUE; CHOICE OF LAW 27.1 The proper venue for any proceeding arising from this Agreement shall be Maricopa County, Arizona. This Agreement shall be construed in accordance with and be governed by the laws of the State of Arizona. 27.2 This Agreement and all obligations imposed on the Parties arising under this Agreement shall be subject to any limitations of budget law or other applicable local law or regulations. No term in this Agreement shall be construed to relieve the Parties of any obligations or responsibilities imposed on Parties by law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 28.0 HEADINGS: Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 29.0 ENTIRE AGREEMENT: 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. PAGE 10 OF 15 Town of Fountain Hills IGA IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding on said Party in accordance with its terms. The Parties enter into this Agreement as of the Effective Date, as defined in Section 3.0 of this Agreement (Term): MARICOPA County TOWN OF FOUNTAIN HILLS By:By: Jack Sellers, Chairman Maricopa County Board of Supervisors Ginny Dickey, Mayor Town of Fountain Hills Date Date Attest:Attest: Juanita Garza, Clerk of the Board Elizabeth Klein,Town Clerk Date Date Approved as to Form: Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and has determined it is in proper form and within the powers and authority granted under the laws of this state to the County and Town. Karen Hartman-Tellez, Maricopa County Deputy Attorney Aaron Arnson Attorney for Town of Fountain Hills Date Date 05/04/2022 Ginny Dickey (May 4, 2022 16:50 PDT) Ginny Dickey 05/04/2022 Elizabeth Klein (May 5, 2022 14:01 PDT) 05/05/2022 PAGE 11 OF 15 Town of Fountain Hills IGA APPENDIX A COMPENSATION SCHEDULE FOR ANIMAL CONTROL SERVICES 1.County Service Level:Animal Control Services 2.Service Cost for Initial Term:$25,843 For the initial year of this Agreement, the Town agrees to pay the County $25,843. Thereafter, the Town shall pay the County those fees approved by the Maricopa County Board of Supervisors in accordance with a formula developed by MCACC, which require full recovery of the County’s direct and indirect costs. AVG FY20/FY21 Jurisdiction Population and Bite Data Reported Population AWMA US Pet Ownership Formula for Dog Population Bite Quarantine at ACC Field Bite Cases Proactive Town Patrols of parks and public areas 23,906 5,645 2 62 10 AVG FY20/FY21 Calculation for Initial Year ( FY2023 or 7/1/22 – 6/30/23): Mileage (ACC to Town x CFS) Mileage @ Federal Reimbursement Rate .585 Calls for Service (CFS) @ $68/call Trucks, Technology Replacement based on % on Field Calls across all Town Hours Spent in the Field on Calls @$81.06/hour Town patrols ten (10) per FY year $800/patrol day 5538.6 $3,240.08 $10,404 $1,361.97 $2,837.10 $8,000 PAGE 12 OF 15 Town of Fountain Hills IGA APPENDIX B SERVICES 1.The County, as the appointed Enforcement Agent, shall be responsible for and enforce the Animal Control Ordinance for the Town. See Appendix D. 2.Minimum Staffing:Staffing will be sufficient to respond to ninety percent (90%) of service requests within the period prescribed below 3.Response Times:The County will respond during Normal Hours of Operation. On average, County staff will arrive at the scene of a reported service request within the time prescribed below based on the service classification and driver safety conditions: Priority 1 1 hour Priority 2 2 hours Priority 3 48 hours Priority 4 72 hours **See Appendix C for call for service types by priority. 4.Response Time during Limited Operations Hours: The County will only act on Priority 1 and 2 calls for service during Limited Operation Hoursand only when the requesting police agency agrees to remain on scene for the duration of the time needed to handle the call for service. The County will not respond to priority 3 or 4 calls for service after 3pm until the commencement of the next Normal Hours of Operation. The response time for Limited Operations Hours will be two (2) hours maximum. The response time could be longer should a higher priority call for service be received. The choice to respond to higher priority calls is at the discretion of the County. 5.The County shall not respond to scenes involving owned animals being seized or impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime scene investigations, fire scenes, or any situation where the law enforcement officer has seized an owned animal. The County will not respond to citizen response requests for abuse, neglect, or cruelty of animals. 6.Law enforcement agencies needing assistance in accordance with this IGA can call the County Field Dispatch non-public phone line (602-506-1309) to request general assistance during Normal Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is based on the information provided to staff at the time of the request. The County reserves the right to respond to non-emergency requests at the beginning of the next Normal Hours of Operation. 7.While the County is closed for business on all County Observed Holidays, the County reserves the right to provide limited response times from 7am to 10 pm on County observed holidays. The police only line will be staffed for Priority 1 calls for service from 7am to 10pm on County Holidays. PAGE 13 OF 15 Town of Fountain Hills IGA 8.The County shall provide lost and found service from 8am to 5pm seven (7) days per week to allow for citizens to report found and lost dogs at (602) 372-4598. This service will not be provided during the holiday coverage prescribed in Paragraph 7. 9.The County shall provide call center services during Normal Hours of Operation and 24- hour online services for citizens to report animal control issues, conduct licensing transactions, and ask general animal control questions. Call center services will not be provided during the holidays prescribed in Paragraph 7. 10.The County at its discretion may pick up dogs from Third Parties. 11. The County will provide an additional ten (10) enforcement patrols coordinated with Town Officials that include parks, public streets, and other locations identified. The cost per patrol is calculated at $800 per patrol day that includes hours spent within city limits to conduct the service. PAGE 14 OF 15 Town of Fountain Hills IGA APPENDIX C PRIORITY CLASSIFICATIONS PAGE 15 OF 15 Town of Fountain Hills IGA APPENDIX D TOWN OF FOUNTAIN HILLS ORDINANCE Dog not permitted at large 6-2-5C Dog at large school/park 9-4-3A4 Dog at large vicious/heat 6-2-5A Unlawful Interference 6-2-8A Failure to wear 6-2-5D Failure to quarantine 6-2-7A Unlawful Keeping 6-2-8B Failure to license 6-2-3D