HomeMy WebLinkAboutRes 2022-30 RESOLUTION NO. 2022-30
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN
INTERGOVERN-MENTAL AGREEMENT WITH MARICOPA
COUNTY, ARIZONA, RELATING TO BASIC ANIMAL
SHELTERING SERVICES
RECITALS:
WHEREAS,the Mayor and Council of the Town of Fountain Hills (the "Town") acknowledge the
need for animal sheltering services for Town; and
WHEREAS, the Town has entered into a separate Intergovernmental Agreement (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 an Intergovernmental Agreement (the
"Agreement") for the County to provide sheltering services and to provide for compensation for
services provided thereunder.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town, through its Mayor and Council, hereby approves
the Intergovernmental Agreement ("IGA").
SECTION 3. The Town hereby authorizes the expenditure of funds for animal sheltering
services, as more specifically detailed in the Appendix A.
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 IGA 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 Fountain Hills, Maricopa County,
Arizona, this 7th day of June, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dice , May EI abeth ein, own Cler
RESOLUTION NO. 2022-30 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady,n,..
wn Manager Aaron D.Arnson, Town Attorney
RESOLUTION NO. 2022-30 PAGE 3
EXHIBIT A
TO
RESOLUTION NO. 2022-30
[INTERGOVERNMENTAL AGREEMENT FOR
ANIMAL SHELTERING SERVICES BETWEEN
MARICOPA COUNTY, ARIZONA AND THE TOWN OF
FOUNTAIN HILLS]
RESOLUTION NO. 2022-30 PAGE 4
INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY ANIMAL CONTROL FACILITIES
USE AGREEMENT FOR SHELTERING SERVICES
BETWEEN
MARICOPA COUNTY
[Administered by its Animal Care & Control Department]
and
THE TOWN OF FOUNTAIN HILLS
THIS INTERGOVERNMENTAL AGREEMENT ("IGA" or "Agreement") for use of Maricopa County
Animal Pounds as prescribed in A.R.S. § 11-1013 (hereinafter"Animal Control Facilities") is entered
by and between Maricopa County, a political subdivision of the State of Arizona, administered by its
Animal Care & Control Department (collectively referred to as "County"), and the TOWN OF
FOUNTAIN HILLS ("Town"), a municipal corporation of the State of Arizona. The County and City
are collectively referred to as "Parties" and individually as "Party."
1.0 PURPOSE: The purpose of this Agreement is to memorialize the Parties' rights and
responsibilities related to the County's provision, and the Town's use, of County Animal
Control Facilities.
2.0 AUTHORITY
2.1 Arizona Revised Statutes ("A.R.S.") § 11-201(A)(3) authorizes the Board of
Supervisors to contract on behalf of the County.
2.2 A.R.S. §§ 11-952 and 11-1013 authorize the County and Town, as public agencies,
to enter into IGAs for joint cooperative action and agreement for the operation and
use of Animal Control Facilities.
2.3 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.
2.4 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.
1 2.5 A.R.S. §11-1005(C), and County Ordinance No. P-13 authorize the County to
establish fees for impounding and maintaining Domestic Animals at Animal Control
Facilities.
3.0 TERM: This Agreement is effective on July 1, 2022 ("Effective Date") and terminates on June
30, 2027 (collectively, "Term").
RESOLUTION NO. 2022-30 PAGE 5
4.0 AMENDMENTS: Any modification or amendment to the terms and conditions of this
Agreement must be made by mutual written agreement signed by authorized signers for the
Parties, including a new effective date.
5.0 RENEWAL: The Parties may renew this Agreement as many times as is desirable, but each
extension may not exceed the duration of the Term ("Renewal").
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 Capacity: Means the following:
6.2.1 West Valley:
6.2.1.1 350 large kennels for adoptable and/or stray dogs
6.2.1.2 24 kennels for small adoptable and/or stray dogs
6.2.1.3 15 "Life Rooms" for adoptable dogs
6.2.1.4 30 quarantine kennels for bite dogs
6.2.1.5 10 clinic kennels for injured dogs
6.2.1.6 10 kennels for stray cats
6.2.1.7 10 kennels for underage kittens
6.2.1.8 40 spaces for adoptable cats
6.2.2 East Valley:
6.2.2.1 354 medium/large kennels for adoptable and/or stray dogs
6.2.2.2 48 kennels for puppies and/or cats
6.3 County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.
6.4 Eligible Animals: The County will accept the following Animals from the Town's
Animal Enforcement Agent and its residents for Impound and/or quarantine in County
Animal Control Facilities that have the Capacity to receive Eligible Animals ("Eligible
Animals"):
6.4.1 Bite Cats: unvaccinated cats that have bitten a person;
6.4.2 Bite Dogs: unvaccinated dogs that have bitten a person;
6.4.3 Stray Dogs;
6.4.4 Exposure animals at the request of Maricopa County Department of Public
Health or Arizona Department of Health Services ("DHS") provided the
Town supplies the necessary paperwork;
6.4.5 Owner surrender bite dogs for euthanasia only at cost; and
6.4.6 Any Animals not listed above, with prior written approval by the County.
RESOLUTION NO. 2022-30 PAGE 6
6.5 Ineligible Animals: The County will not accept the following Animals from the Town
for Impound and/or quarantine in County Animal Shelters ("Ineligible Animals"):
6.5.1 Any Animal required to be impounded pursuant to a police investigation,
arrest, or warrant;
6.5.2 Any Animal required to be impounded pursuant to any animal cruelty,
neglect, abandonment, or welfare check case;
6.5.3 Sick or injured Animals;
6.5.4 Animals impounded after a traffic accident;
6.5.5 Animals other than dogs or cats for bite quarantine;
6.5.6 Any species other than a dog or cat except as noted in 6.4.6, above;
6.5.7 Animals, alive or dead, that are to be submitted to OHS for rabies testing;
6.5.8 Animals to be held pursuant to a vicious case OR relinquished to the Town
due to a vicious case;
6.5.9 Animals associated with police actions not in violation of this ordinance or
that are seized from an owner;
6.5.10 Dogs ordered into custody pursuant to a court order; and
6.5.11 Owner surrenders except pursuant to 6.5.6.
6.6 Intake Hours: The County will accept Eligible Animals for Impound and/or quarantine
Monday through Sunday during the hours of 11:00 a.m. to 1:00 p.m. at an Animal
Control Facility with Capacity to receive Eligible Animals ("Intake Hours").
7.0 COUNTY RESPONSIBILITIES
The County agrees to perform the following services ("County Services"):
7.1 Establish written intake/booking procedures ("Intake Procedure") for the Town
prescribing recordkeeping requirements and tracking of, at minimum, source or caller
identification, breed, animal gender, approximate age, circumstances of impound,
species, location of impound by street and zip code, Town tracking number.
7.2 Create an intake form to collect information necessary to track Animal intake ("Intake
Form") and provide Intake Procedure and Intake Form to Town.
7.3 Maintain facilities, equipment, and trained personnel for provision of County Pounds.
7.4 Accept Eligible Animals for Impound and/or quarantine from the Town during Intake
Hours. If the Town's Animal Enforcement Agent delivers an Eligible Animal to a
County Animal Control Facility outside of Intake Hours during After Hours,the County
may refuse delivery or accept delivery and charge the Town an After Hours delivery
fee.
7.5 Provide proper care and maintenance in accordance with A.R.S. §§ 11-1013(B) and
11-1021 to all Eligible Animals impounded and/or quarantined at Animal Control
Facilities.
RESOLUTION NO. 2022-30 PAGE 7
7.6 Impound Eligible Animals in accordance with the impound periods as outlined in
A.R.S. §§ 11-1013 and 11-1014.
7.7 Invoice the Town on a quarterly basis for services rendered according to the fees and
costs schedule in Appendix A. The County may review these fees and costs at the
end of the Term to ensure they continue to reflect the services rendered.
7.8 The County reserves the right to deny intake of an Animal for any behavior issue
deemed by the County to be a threat to public health or safety.
7.9 The County reserves the right to return Animals to the Town at the expiration of the
legal holding period.
7.10 The County may temporarily suspend this Agreement without notice and in its sole
discretion if the County determines:
7.10.1 The Town is non-compliant with a provision of this Agreement; or,
7.10.2 The health and safety of an Animal or person is in jeopardy.
7.10.3 A temporary suspension imposed by the County shall remain in effect
unless and until the Town comes into compliance or until the County enters
a permanent order after notice and opportunity for hearing.
7.10.4 The Town shall be notified in writing for the reason for the temporary
suspension upon issuance of the suspension and the Town shall have five
(5) business days to respond in writing from the date of the notice. The
notice shall comply with the Notice provisions in Section 13, below.
8.0 TOWN RESPONSIBILITIES
The Town agrees to perform the following services ("Town Services"):
8.1 Only deliver Eligible Animals to the County for impounding and/or quarantining.
8.2 In the case of a bite animal, provide a copy of the agency bite report which shall
include owner name, address, and phone number (if known); victim name, address,
phone number, and age; circumstances of bite, date, and time bite occurred, location
where bite occurred, including zip code; victim relationship to animal owner, severity
of bite, wound location on body, and what medical treatment, if any, was provided or
sought.
8.3 Before attempting delivery of an Eligible Animal to a County Pound, conduct lost and
found efforts to return the Animal to its Owner, including but not limited to, scanning
Eligible Animal for microchips and contacting potential Owner.
8.4 Deliver only Eligible Animals to a County Animal Control Facility for impound and/or
quarantine during Intake Hours.
8.5 Deliver Animals that are or, are suspected to be, victims of abandonment, cruelty or
neglect to the provider contracted by the Town for such services.
8.6 Deliver sick or injured Animals directly to a vet of the Town's choosing.
8.7 Comply with County Intake Procedure.
RESOLUTION NO. 2022-30 PAGE 8
8.8 Upon delivery of the Eligible Animal by the Town to the County, provide the following
information for all Eligible Animals delivered to the County by the Town:
8.8.1 Documentation showing attempts to return Eligible Animal to its Owner;
8.8.2 Prior complaints made to the Town about the animal;
8.8.3 Bite history; and all information as outlined in 8.2;
8.8.4 Information necessary to aide in the control of rabies, such as knowledge
of bites, knowledge of rabies, etc.; and,
8.8.5 Any additional information requested by the County that is necessary to
properly impound, care for and pathway the Eligible Animal.
8.10 Daily boarding fee for the mandatory 3 day hold for all Animals of the same species
as established in Appendix A to this Agreement.
8.11 Reserve sufficient funds in fiscal budget to pay for fees and costs charged pursuant
to Appendix A to this Agreement.
8.12 Promote and enforce licensing as prescribed in A.R.S. §§ 11-1008, 11-1012, and
Town Code § Chapter 6.
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; and
9.1.6 Any other books, accounts, reports, files or other documents related to this
Agreement.
9.2 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.
9.3 The Parties waive their respective public records procedure for obtaining Records.
9.4 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.
9.5 The Town will have access to County dog licensing data through a web portal, calls
to the Animal Control Facility, and by email. The Town will pay an annual Data
Access and Maintenance fee to maintain this access. Use of the web portal, phone
calls, or emails for licensing data are not subject records requests.
9.6 The Parties acknowledge some Records may be protected from disclosure under
Arizona law. The Parties shall consult with counsel prior to disclosing.
RESOLUTION NO. 2022-30 PAGE 9
10.0 FINANCING: The Town will pay for the impounding and quarantining activities under this
Agreement pursuant to the fees and costs schedules in Appendix A to this Agreement.
11.0 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.
12.0 AUDITS
12.1 Each Party may audit and inspect the other Party's work to verify compliance with
this Agreement.
12.2 All Records shall be subject at all reasonable times to inspection and audit by either
Party for five years after completion of the Agreement.
12.3 The owner of the Records shall produce the requested Records as designated in this
Agreement.
12.4 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 13.0.
13.0 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 Town of Fountain Hills
do Al Aguinaga, Field Enforcement do Grady Miller, Town Manager
Division Manager 16705 E. Avenue of the Fountains
2500 S. 27th Avenue Fountain Hills, AZ 85268
Phoenix, AZ 85009
AI.Aguinaga@maricopa.gov
(602) 506-2737
Cc: Cc:
Maricopa County Animal Care & Control Town of Fountain Hills
do Kristi McMahon, Finance Manager do Aaron Arnson, Town Attorney
2500 S. 27th Avenue 16705 E Avenue of the Fountains
Phoenix, AZ 85009 Fountain Hills, AZ 85268
Kristi.McMahon@maricopa.gov
(602) 372-0602
RESOLUTION NO. 2022-30 PAGE 10
14.0 TERMINATION
14.1 Any Party may terminate this Agreement at any time without cause by giving ninety
(90) days' written notice ("Termination").
14.2 Partial termination is prohibited.
14.3 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.
14.4 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.
14.5 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.
15.0 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.
16.0 SUBCONTRACTING: The Town shall not subcontract any portion of this Agreement to a
subcontractor without the prior express, written consent of the County. The County reserves
the right to reject a subcontractor if the County determines 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.
17.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the prior
written consent of the Parties, and any purported assignment in contravention of this
provision shall be null and void.
18.0 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.
RESOLUTION NO. 2022-30 PAGE 11
19.0 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 Parties
may terminate this Agreement. The Parties retain the legal right to inspect the papers of any
other Party to ensure that the Party is complying with the above-mentioned warranty under
this Agreement.
20.0 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 Town will 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.
21.0 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.
22.0 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.
23.0 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.
24.0 ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties with
respect to the subject matter of this Agreement.
I
RESOLUTION NO. 2022-30 PAGE 12
25.0 APPLICABLE LAW: Each Party shall comply with all applicable federal, state, and local
laws, ordinances, Executive Orders, rules, regulations, standards, and codes whether or not
specifically referenced herein.
26.0 VENUE; CHOICE OF LAW
26.1 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.
26.2 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.
IN WITNESS WHEREOF, the undersigned executing this Agreement on behalf of each Party
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 date last set forth below ("Effective Date").
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.
Karen Hartman-Tellez, Aaron D. Arnson
Maricopa County Deputy Attorney Attorney for Town of Fountain Hills
Date Date
RESOLUTION NO. 2022-30 PAGE 13
APPENDIX A
IMPOUND FEE SCHEDULE
Pursuant to A.R.S. § 11-1005(C), the Board of Supervisors has authority to establish the following
fees for impounding and maintenance of animals at County Animal Control Facilities. The Town
shall pay these fees on a quarterly basis to Animal Control Fund 572.
Cost p/day is Each jurisdiction's licensing revenue/compliance
is used to offset the sheltering cost.
$36 p/dog
Since the average length of stay is 9 days, 33% of
72-hr or 3-day the total licensing revenue from that jurisdiction
mandatory hold period is applied to the 3-day holding cost;thus,
($36 x 3 =$108 p/dog) reducing the amount charged.The higher the
licensing compliance in the city/town,the lower
the sheltering fee.
Note: Does not include 5-day hold requirement for those animals that
have a microchip or the 10-day hold for quarantined bite animals.
AVG FY20/FY21 Calculations for Initial Year(FY2023 or 7/1/22-6/30/23):
Town's Adjusted
Yearly#of Licensing 33%Licensing Sheltering Cost
Impounds At$108 each Revenue Offset (cost-offset)
16 $1,728 $37,117 $12,249 $0
See following pages.