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HomeMy WebLinkAboutRes 2007-27 Lw RESOLUTION NO. 2007-27 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 as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills (the "Town") and Maricopa County (the "County"), dated July 1, 2007, relating to the use of County animal shelters (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That 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, Arizona, June 7, 2007. FOR THE T N OF FOUNTAIN HILLS: ATTESTED TO: • W. J.Nich ls,Mayor Bevelyn J. Be r, wn Clerk REVIEWED BY: APPROVED AS TO FORM: ( c//zM G�� Timothy G. 'c ering, Town anager Andrew J. McGuire,Town Attorney Lw 738282.1 J EXHIBIT A TO RESOLUTION NO. 2007-27 [Intergovernmental Agreement] See following pages. L L 738282.1 2 tow INTERGOVERNMENTAL AGREEMENT USE OF COUNTY ANIMAL SHELTERS THIS INTERGOVERNMENTAL AGREEMENT for animal shelter services made and entered into July 1, 2007 by and between Maricopa COUNTY (COUNTY), a political subdivision of the State of Arizona and the TOWN of Fountain Hills (TOWN), a municipal corporation of the State of Arizona. WHEREAS, the COUNTY maintains facilities, equipment and trained personnel for the intake and humane sheltering of animals; and WHEREAS, the TOWN desires to enter into an agreement with the COUNTY for animal sheltering services; WHEREAS, the COUNTY and the TOWN are authorized pursuant to A.R.S. §11-952, A.R.S. §11-201(A)(3) and A.R.S. §11-1001 et. seq. to enter into this Agreement. Now, THEREFORE, the parties mutually agree: 1. Responsibilities of the COUNTY 1.1 COUNTY shall impound and quarantine in accordance with A.R.S. §11- 1014, any animal suspected of having rabies and delivered by TOWN or any resident of TOWN to a COUNTY animal shelter; 1.2 COUNTY shall keep and maintain, at a COUNTY animal shelter, stray dogs and stray cats not suspected of having rabies, and delivered by TOWN or any resident of TOWN for a minimum of 72 hours unless claimed by their owners. COUNTY may place any dog or cat not redeemed by its owner for sale or may dispose of the animal in a humane manner in accordance with law. COUNTY may euthanize impounded sick or injured animals whenever necessary to prevent inhumane, unhealthy or dangerous conditions or circumstances; 1.3 COUNTY shall bill TOWN on a quarterly basis for services rendered. 2. Responsibilities of TOWN 2.1 The TOWN shall pay the COUNTY an impound fee of$45.00 for each stray dog and cat impounded by the COUNTY pursuant to this Agreement; L 1 j 2.2 The TOWN shall pay the COUNTY an impound fee of$120.00 for each feral cat impounded by the COUNTY pursuant to this Agreement; 2.3 The TOWN shall pay the COUNTY a euthanasia fee of $23.00 for each animal euthanized by the COUNTY pursuant to this Agreement; 2.4 The TOWN shall pay the COUNTY a boarding fee of$31.00 per day 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 $120.00 impound fee. 2.5 The TOWN shall pay the COUNTY a$105.00 fee for each deceased animal not involved in a bite situation that is submitted to the Arizona State Laboratory and $125.00 for each animal not involved in a bite situation and is euthanized by the COUNTY and submitted to the Arizona State Laboratory; 2.6 The TOWN shall compensate the COUNTY quarterly for services performed under this Agreement in accordance with Appendix A of this Agreement, as may be amended pursuant to this Agreement. 2.7 The TOWN has appropriated sufficient funds in its fiscal year 2007-2008 budget to pay for fees charged pursuant to this Agreement. 3. Indemnification To the extent permitted by law, COUNTY and 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 act 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 term of the agreement shall be from July 1, 2007 through June 30, 2010 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 to be in default of any material provision of this Agreement. L 2 J J (liar5. 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 to the subject matter of this Agreement. 6. Applicable Law This Agreement and all obligations upon the COUNTY or TOWN arising there from shall be subject to any limitations of budget law or other applicable local law or regulations. 7. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and any modification or amendment to the terms and conditions of this Agreement shall be done in writing and signed by both parties. 3 IN WITNESS WHEREOF, the parties hereto enter into this Agreement as of the date first set forth above. "COUNTY" "TOWN" Maricopa County, a political subdivision Town of Fountain Hills, an Arizona Of the State of Arizona Municipal corpor ion By: By: Chairman, Board of Supervisors May Date: Date: W2/, ' ATTEST: ATTEST: L Clerk of the Board of Supervisors Town Cler Pursuant to A.R.S. § 11-952 D, the attorneys for the parties have determined that the foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted to the parties under the laws of the State of Arizona. iiY/ Deputy County Attorney Town Attorney 4 j L APPENDIX A FOUNTAIN HILLS ESTIMATED COSTS* SERVICE AMOUNT FEE TOTAL COST Impounds $45.00 each Kennel Days $31.00 per day Total Euthanized $23.00 each Deceased Animals to $105.00 each the State Lab Euthanized Animals to $125.00 each the State Lab *Based on FY2006-2007 Results COMPENSATION SCHEDULE 1. COUNTY Service: Shelter Services 2. Minimum Staffing: Adequate to maintain shelter services 3. Estimated Service Cost: $19,500.00 L L 5 J J • OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL ELECTRONIC RECORDING 20070937141.08/21/2007 10:06.00B 18-8-1-1-.N C -79-og-cor -a -0o INTERGOVERNMENTAL AGREEMENT FISCAL YEARS 2008-2010 AGREEMENT FOR ANIMAL SHELTER SERVICES BETWEEN Maricopa County And The Town of Fountain Hills p j INTERGOVERNMENTAL AGREEMENT USE OF COUNTY ANIMAL SHELTERS THIS INTERGOVERNMENTAL AGREEMENT for animal shelter services made and entered into July 1, 2007 by and between Maricopa COUNTY(COUNTY), a political subdivision of the State of Arizona and the TOWN of Fountain Hills(TOWN), a municipal corporation of the State of Arizona. WHEREAS,the COUNTY maintains facilities, equipment and trained personnel for the intake and humane sheltering of animals; and WHEREAS, the TOWN desires to enter into an agreement with the COUNTY for animal sheltering services; WHEREAS, the COUNTY and the TOWN are authorized pursuant to A.R.S. §11.952, A.R.S. §11-201(A)(3) and A.R.S. §11-1001 et. seq. to enter into this Agreement. Now,THEREFORE,the parties mutually agree: 1. Responsibilities of the COUNTY 1.1 COUNTY shall impound and quarantine in accordance with A.R.S. §11- 1014, any animal suspected of having rabies and delivered by TOWN or any resident of TOWN to a COUNTY animal shelter; 1.2 COUNTY shall keep and maintain, at a COUNTY animal shelter, stray dogs and stray cats not suspected of having rabies, and delivered by TOWN or any resident of TOWN for a minimum of 72 hours unless claimed by their owners. COUNTY may place any dog or cat not redeemed by its owner for sale or may dispose of the animal in a humane manner in accordance with law. COUNTY may euthanize impounded sick or injured animals whenever necessary to prevent inhumane, unhealthy or dangerous conditions or circumstances; 1.3 COUNTY shall bill TOWN on a quarterly basis for services rendered. 2. Responsibilities of TOWN 2.1 The TOWN shall pay the COUNTY an Impound fee of$45.00 for each stray dog and cat impounded by the COUNTY pursuant to this Agreement; Ned 2.2 The TOWN shall pay the COUNTY an impound fee of$120.00 for each feral cat impounded by the COUNTY pursuant to this Agreement; 2.3 The TOWN shall pay the COUNTY a euthanasia fee of$23.00 for each animal euthanized by the COUNTY pursuant to this Agreement; 2.4 The TOWN shall pay the COUNTY a boarding fee of$31.00 per day 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 $120.00 impound fee. 2.5 The TOWN shall pay the COUNTY a$105.00 fee for each deceased animal not involved in a bite situation that is submitted to the Arizona State Laboratory and$125.00 for each animal not involved in a bite situation and is euthanized by the COUNTY and submitted to the Arizona State Laboratory; 2.6 The TOWN shall compensate the COUNTY quarterly for services performed under this Agreement in accordance with Appendix A of this Agreement, as may be amended pursuant to this Agreement. 2.7 The TOWN has appropriated sufficient funds in its fiscal year 2007-2008 budget to pay for fees charged pursuant to this Agreement. r 3. Indemnification To the extent permitted by law, COUNTY and 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 act 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 term of the agreement shall be from July 1, 2007 through June 30, 2010 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 to be in default of any material provision of this Agreement. L 2 `is/ 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 to the subject matter of this Agreement. 6. Applicable Law This Agreement and all obligations upon the COUNTY or TOWN arising there from shall be subject to any limitations of budget law or other applicable local law or regulations. 7. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and any modification or amendment to the terms and conditions of this Agreement shall be done in writing and signed by both parties. IQ) • L IN WITNESS WHEREOF, the parties hereto enter into this Agreement as of the date first set forth above. "COUNTY" "TOWN" Maricopa County, a political subdivision Town of Fountai Hills, an Arizona Of the State of Arizona Municipal corpo ion By: /1"11.r4 By: Chairman, Board of Supervisors Mayor Date: AUG 0 8 2007 Date: 4/7/d 7 ATTEST: ATTEST: (low it( Attu DERRY Clerk of the Board of Supervisors Town Clerk Pursuant to A.R.S. § 11-952 D, the attorneys for the parties have determined that the foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted to the parties under the laws of the State of Arizona. 146d (--@0,„t,t, Deputy County Attorney Town Attorney 4 • *411) APPENDIX A FOUNTAIN HILLS ESTIMATED COSTS* SERVICE AMOUNT FEE TOTAL COST Impounds $45.00 each Kennel Days $31.00 per day Total Euthanized $23.00 each Deceased Animals to $105.00 each the State Lab Euthanized Animals to $125.00 each the State Lab •Based on FY2006-2007 Results COMPENSATION SCHEDULE 1. COUNTY Service: Shelter Services 2. Minimum Staffing: Adequate to maintain shelter services 3. Estimated Service Cost: $19,500.00 5 EXHIBIT A TO RESOLUTION NO.2007-27 [Intergovernmental Agreement] See following pages. L 738282.1 2 J RESOLUTION NO.2007-27 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 as follows: SECTION I. That the Intergovernmental Agreement between the Town of Fountain Hills (the "Town") and Maricopa County (the "County"), dated July I, 2007, relating to the use of County animal shelters (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That 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 *411)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, Arizona,June 7, 2007. FOR THE WN OF FOUNTAIN HILLS: ATTESTED TO: W. J.Nic Is, Mayor Bevelyn J. nd ,Town Clerk REVIEWED BY: ) APPROVED AS TO FORM: (// j ,,/ OtAlipp., Timothy G. Pickering, wr Manager Andrew J. McGuire,Town Attorney ./i 738282.1 When recorded, please return to: I Town of Fountain Hills I OFFICIAL RECORDS OF 16705 E. Avenue of the Fountains I MAR 1 COPA COUNTY RECORDER HELEN PURCELL Fountain Hills, AZ 85268 I 2007-0825729 07/20/07 12: 19 PM I 20F2 Attn: Planning &Zoning I GASTELUMP I CAPTION HEADING: INTERGOVERNMENTAL AGREEMENT WITH FORT MCDOWLL YAVAPAI NATION & TOWN OF FOUNTAIN HILLS COST SHARING OF CANDIDATE ASSESSMENT REPORT `,,,,. This is part of the official document. d,N ,t �f7iir• I = O • .0s1:1989 3• Ivthat is Copies Routed To: ❑ Administration ❑ Engineering ❑ Planning and Zoning ❑ Parks &Recreation ASSOCIATED MYLAR MCR# ❑ Magistrate Court BOOK OF MAPS ON PAGE L j