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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF EL MIRAGE AND THE CITY OF SURPRISE
FOR ANIMAL CONTROL SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into between
the City of El Mirage, an Arizona municipal corporation (“El Mirage”) and the City of Surprise
(“Surprise”), (collectively, the “Parties”), effective as of the date of the last signature set forth
below.
Pursuant to Arizona Revised Statutes (“A.R.S.”) Title 11, Chapter 7, Article 3, the Parties
are authorized to enter into intergovernmental agreements with other governmental agencies, and
the Mayor of each City or the City Manager is authorized and empowered by law to execute such
agreements.
AGREEMENT
1.
Effective Date; Duration. This Agreement shall become effective upon execution by both
Parties. The initial term of this Agreement shall commence July 1, 2026 and continue
through June 30, 2029.
1.1
Renewal. This Agreement shall automatically renew for successive three-year
terms beginning July 1, 2029, and every third year thereafter, provided El Mirage
provides written notice to Surprise no later than May 30 preceding the renewal term
confirming funding availability and its intent to continue the Agreement.
1.2
Annual Appropriation. All obligations under this Agreement are subject to annual
appropriation of funds by the governing bodies of the Parties.
2.
Purpose and Intent. The purpose of this Agreement is to provide animal control services
within the City of El Mirage, including the following:
Patrols in radio-equipped vehicles to locate stray animals and respond to animal
nuisance, abandoned animal, neglected animal, and similar animal-control calls.
Routine animal-control response availability within El Mirage generally between
the hours of 6:00 a.m. and 8:00 p.m., subject to staffing levels, emergency calls,
and operational demands.
Surprise will endeavor to provide proactive patrol activities within El Mirage and
shall report patrol activity in quarterly reports provided pursuant to this
Agreement.
Assigned personnel shall prepare reports and citations as appropriate for violations
of applicable animal-control laws and ordinances and shall appear in court as
necessary.
Assigned personnel shall capture and transport animals, or coordinate
transportation of animals, to appropriate holding or shelter facilities.
When available, assigned personnel shall attend meetings and respond to public
inquiries regarding animal-control services.
El Mirage may request the services of an Animal Control Officer outside normal
service hours. Such requests shall be subject to staffing availability and
compensation agreed upon in writing by the Parties prior to the provision of such
services.
3.
Personnel. The Chief of Police for Surprise shall have discretion to determine staffing
levels necessary to provide the services contemplated by this Agreement. Surprise shall be
responsible for hiring and training all Animal Control Officers hired under this Agreement.
The Animal Control Officers shall remain employees of the City of Surprise shall be
subject to all City of Surprise policies and regulations, and shall be under the direction and
control of the Surprise Police Department.
4.
Costs. In consideration of the services provided under this Agreement, El Mirage shall pay
Surprise the following annual amounts:
Fiscal Year 2026 – 2027:
$141,000
Fiscal Year 2027 – 2028:
$146,000
Fiscal Year 2028 – 2029:
$153,000
The foregoing amounts represent the agreed annual compensation for services provided
under this Agreement and are subject to annual appropriation by El Mirage. The Parties
shall meet annually, on or before March 15, to review service levels, operational needs,
and anticipated costs for future renewal terms.
5.
Payment. For each fiscal year, El Mirage shall pay the annual amount specified in Section
4 in four equal quarterly installments. The first installment shall be due no later than July
30 and the remaining installments shall be due on October 1, January 1, and April 1.
6.
Quarterly Reporting. Within thirty (30) days after the end of each calendar quarter,
Surprise shall provide El Mirage a report summarizing animal-control activities within El
Mirage during the preceding calendar quarter. The report shall include, at a minimum:
Number and type of calls received;
Number of calls responded to;
Patrol activity performed within El Mirage;
Citations and reports issued;
Animals captured, impounded, transported, or surrendered; and
Any other information reasonably requested by El Mirage relating to services
provided under this Agreement.
7.
Service Expectation. The intent of the Parties is that most animal control calls within the
City of El Mirage will be handled by Surprise Animal Control Officers pursuant to this
Agreement. However, this Agreement is not intended to provide and shall not be construed
to require the Surprise Police Department to respond to every animal control call. In the
event a Surprise Animal Control Officer is not available to respond to a call, such call will
be handled by El Mirage.
8.
Hold Harmless and Indemnification. The Parties acknowledge and agree that each Party
will be responsible for any liability or loss that may be incurred as a result of any claim,
demand, cost, or judgment made against that party to the extent arising from any negligent,
reckless, or intentional act or omission by any of that party’s employees, agents, or servants
in connection with work or responsibilities performed pursuant to this Agreement.
8.1
Mutual Indemnification. Each Party (an “Indemnitor”) shall indemnify, hold
harmless, and defend the other party (the “Indemnified Parties”) against all claims
and lawsuits resulting from any claim, demand, cost, or judgment made against
the Indemnified Party to the extent arising from any negligent, reckless, or
intentional act or omission by any of the Indemnitor’s employees, agents, or
servants in connection with work or responsibilities performed pursuant to this
Agreement.
8.2
Comparative Fault and Contribution. In the event of any lawsuit that names the
Parties as a defendant (“Defendant Party” or “Defendant Parties”), the Defendant
Parties shall seek to secure an allocation of comparative negligence among
themselves where appropriate, and each Defendant Party shall provide
contribution to each other Defendant Party to the extent of the comparative
allocation.
8.3
Employment Status. The Parties further agree that they are not joint employers for
the purpose of workers’ compensation coverage and that any Party’s employee
assigned by a Party to do work under this agreement shall remain an employee of
such Party.
9.
Insurance; Workers’ Compensation. The Parties mutually agree to provide for their
respective financial responsibilities with respect to liability arising out of this Agreement
through either the purchase of insurance or the provision of a self-funded insurance
program. The Parties shall be fully responsible for any workers’ compensation claims made
by an individual determined to be an employee of that Party and assigned by the particular
Party.
10.
Dispute Resolution. The Parties shall attempt in good faith to resolve any disagreement
arising under this Agreement through discussions between designated staff representatives.
If unresolved, the matter shall be elevated to the parties’ respective Police Chiefs or
department directors. If still unresolved, the matter shall be elevated to the City Managers
for mutual resolution. Nothing herein shall prevent either Party from pursuing any remedy
otherwise available under Arizona law.
11.
Termination. Either Party may terminate this Agreement, for convenience or cause, upon
one hundred eighty (180) days prior written notice to the other party.
12.
Notice. Any notice required to be given under this Agreement will be provided by mail
to:
To Surprise:
City of Surprise
ATTN: Police Chief
14250 West Statler Plaza
Surprise, Arizona 85374
With copy to:
City of Surprise
ATTN: City Attorney
16000 N. Civic Center
Surprise, Arizona 85374
To El Mirage:
City of El Mirage
ATTN: City Manager
12145 N.W. Grand Avenue
El Mirage, Arizona 85335
With copies to:
City of El Mirage
ATTN: Police Chief
14405 N. Palm Street
El Mirage, Arizona 85335
Pierce Coleman PLLC
17851 N. 85th Street, Suite 175
Scottsdale, Arizona 85255
ATTN: Justin S. Pierce
13.
Contract Administration. For day-to-day administration of this Agreement, El Mirage
designates its Deputy Director of Police Administration and Surprise designates its Animal
Control Supervisor. Either Party may change its designated representative by written notice
to the other Party. Routine operational communications may be conducted through the
designated representatives.
14.
Conflict of Interest. No member, official, or employee of any of the Parties may have any
direct or indirect interest in this Agreement, nor participate in any decision relating to the
Agreement that is prohibited by law. All parties hereto acknowledge that this Agreement
is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. Each Party
warrants that it has not paid or given, and will not pay or give, any third party any money
or other consideration for obtaining this Agreement, other than the costs set forth herein
and normal costs of conducting business and costs of professional services.
15.
General Provisions.
15.1
Administrative Fees. In no event shall either Party charge the other for any
administrative fees for any work performed pursuant to this Agreement.
15.2
Non-Appropriation. If either Party fails to appropriate funds necessary to continue
performance under this Agreement, the Agreement shall terminate at the end of the
fiscal year for which funds have been appropriated, upon written notice to the other
Party. Neither Party shall incur liability for payments beyond amounts lawfully
appropriated.
15.3
No Waiver of Rights. Except as otherwise expressly provided in this Agreement,
any failure or delay by any party in asserting any of its rights or remedies as to any
default, will not operate as a waiver of any default or of any such rights or remedies
or deprive any such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert, or enforce any such
rights or remedies.
15.4
Severability. If any provision of this Agreement shall be found invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement will not be affected thereby and shall be valid and enforceable to the
fullest extent permitted by law, provided that the fundamental purposes of this
Agreement are not defeated by such severability.
15.5
Governing Law. This Agreement is to be governed by the laws of the State of
Arizona.
15.6
Captions and Headings. The captions contained in this Agreement are merely a
reference and are not to be used to construe or limit the text.
15.7
Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and all of which together shall constitute one
and the same instrument.
15.8
Supersession of Prior Agreements. This Agreement supersedes and replaces all
prior intergovernmental agreements, amendments, renewals, extensions, and
understandings between the Parties relating to animal control services within the
City of El Mirage. Upon the Effective Date of this Agreement, all such prior
agreements shall be of no further force or effect, except as to obligations that
expressly survive termination or expiration.
[Signatures on next page.]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date last written
below.
CITY OF EL MIRAGE,
an Arizona municipal corporation
By:
Name:_______________________________
Its:
Date:
ATTEST:
By:
Jill A. Boltz, MMC, CPM, City Clerk
APPROVED AS TO FORM:
By:
Justin S. Pierce, City Attorney
Pierce Coleman PLLC
CITY OF SURPRISE,
an Arizona municipal corporation
By:
Name:_______________________________
Its:
Date:
ATTEST:
By:
Kristi Passarelli, City Clerk
APPROVED AS TO FORM:
By:
Jeffrey Murray
Surprise City Attorney
EXHIBIT A
EL MIRAGE ANIMAL CONTROL COST ANALYSIS