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HomeMy WebLinkAboutRes 2021-22 RESOLUTION NO. 2021-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY, ARIZONA, RELATING TO BASIC ANIMAL CONTROL SERVICES RECITALS: WHEREAS, the Town has entered into an Intergovernmental Agreement, dated July 1, 2021 (the "Agreement") with Maricopa County, a political subdivision of the State of Arizona (the "County"), for the provision of animal control services within the Town; and WHEREAS, the Town and the County desire to enter into the First Amendment to add to the scope and provide for compensation for these expanded services provided thereunder. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The First Amendment to the Intergovernmental Agreement ("IGA") between the Town of Fountain Hills (the "Town") and Maricopa County relating to animal control services in the Town is hereby approved in substantially the form attached hereto as Exhibit A-1 and incorporated herein by reference SECTION 3. The Town hereby authorizes the expenditure of funds for basic animal control services, as more specifically detailed in the Appendix A-1. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the First Amendment 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, this 15th day of June, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny ickey, yor izabet . Klein, Town C e REVIEWED BY: APP 0 D AS TO FORM: Grady E. M. er, own Manager aron D. Arnson, Town Attorney RESOLUTION 2021-22 PAGE 2 EXHIBIT A-1 TO RESOLUTION NO. 2021- [First Amendment] See following pages. 2021-062 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS ANIMAL CARE & CONTROL DEPARTMEMT AND THE TOWN OF FOUNTAIN HILLS RECITALS THIS FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT (the "Agreement" or "IGA") is entered into as of , 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the "TOWN") and Maricopa County, a political subdivision of the State of Arizona, administered by its Animal Care & Control Department ("MCACC") (collectively referred to as "COUNTY"). The COUNTY and TOWN are collectively referred to as "Parties" and individual as "Party". In consideration of the following, the Parties agree to amend the Agreement as follows: A. The Town and COUNTY entered into that certain IGA, dated July 1, 2021 (the "Agreement") for the COUNTY to provide animal control services to the Town (the "Services"). B. The Town and COUNTY have determined that additional services are necessary. C. The Town and COUNTY desire to enter into this First Amendment to provide for compensation for these additional services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and COUNTY hereby agree as follows: 1. APPENDIX A: COMPENSATION SCHEDULE FOR ANIMAL CONTROL SERVICES is hereby replaced with APPENDIX A-1 as attached. 2. APPENDIX B: SERVICES is hereby replaced with APPENDIX B-1 as attached. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Conflict of Interest. This First Amendment and the Agreement may be canceled by the parties pursuant to ARIZ. REV. STAT. § 38-511. RESOLUTION 2021-22 PAGE 3 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 Ginny Dickey, Mayor Maricopa County Board of Supervisors Town of Fountain Hills Date Date Attest: Attest: Juanita Garza, Clerk of the Board Elizabeth A. 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. Talia Offord, Senior Deputy County Attorney Aaron D. Arnson Attorney for Maricopa County Attorney for Town of Fountain Hills Date Date