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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 9196.001V Resolution MC 1GA shelter.,res.doc 8-28-03-1 ATTESTED TO: APPRDVED AS TO FORM Andrew J.McGuire,Town Attorney HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPACOUNTYRECORDER HELEN PURCELL 2003-1677143 12/10/03 15:59 5OF6 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 c c c 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; 9I96.004NMC IGA Sheller.v2.doc 8-28-03-1 1 Njj^/ \&f&y' 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. 9196.004XMC 1GA Shelter.v2.doc 8-28-03-1 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 9196.004\MC IGA Shelter.v2.doc 8-28-03-1 AndrewJ.McGuire,TownAttorney