IGA WITH TOWN OF CAREFREE FOR ANIMAL CONTROL SERVICES.PDF

INTERGOVERNMENTAL
AGREEMENT
JULY 1, 2019 THROUGH JUNE 30, 2024
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The Town of Carefree
C-
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AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, ("Agreement"), is entered into by and between Maricopa County,
administered through its Maricopa County Animal Care and Control Department ("Department"),
(collectively, "COUNTY") and the Town of Carefree, ("TOWN"). The County and Town may be referred to
individually as "Party or collectively as "Parties."
RECITALS
The COUNTY maintains facilities, equipment, and trained personnel for provision of animal control services.
The County is authorized to enter into this Agreement by A.R.S. § § 11-201, 11-952, 11-1005.
The Town of Carefree is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The TOWN is in need of animal control services and desires to enter into this Agreement with the County for
Basic Animal Control Services.
The TOWN and COUNTY desire to enter into this Agreement to establish the Parties' rights and
responsibilities with respect to the Services.
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 Parties agree as follows:
GENERAL PROVISIONS
1. Definitions:
After -Hours operations: Refers to the hours of 10 p.m. to 8 a.m. seven days a week and all County
Observed Holidays.
Aggressive Dog: Any dog that has bitten a person or domestic animal without provocation or that has a
known history of attacking persons or domestic animals without provocation.
Animal: Refers generally to dogs, but may also include cats that have bitten a human.
Animal At-Large: Dog that is not contained by an enclosure or physically restrained by a leash.
Animal Control Ordinance: Carefree Town Code Chapter 5 — Health and Safety, Article 5-1 Animal
Rules and Regulations; Sections 5-1-1, 5-1-2, 5-1-3, attached hereto as Appendix E.
Basic Animal Control Services: Includes the following services performed within the response periods
prescribed in Appendix B:
a. control or impound of animals (dogs) at large; and
b. enforcement of licensing and rabies vaccination laws and ordinances; and
c. rabies surveillance and impound of dogs and cats who have bitten a human.
Bite Animal At -Large: A dog or cat that has bitten a human.
County Observed Holidays: Holidays identified in Appendix D.
Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven days a week except County
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Observed Holidays. Restricted access available to police and fire needing assistance with priority 1 and 2
activities. Not intended for general public access. Communication police line is direct service dispatcher to
dispatcher.
Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.
Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public
involving a Bite Animal At-Large.
Priority 2 Dispatch: Request for service involving an Animal At-Large on school property while school is
in session; Aggressive Dogs or injured or sick Stray Dogs in imminent harm. May include lower level calls
for service that require immediate attention based on the situation.
Priority 3 Dispatch: Request for service to impound Stray Dogs and to quarantine and investigate dog
and cat bites to human; confined stray at business or private home; citizen request contact with officer to
provide information on Stray Dog issue.
Priority 4 Dispatch: Request for service to enforce license or leash laws. The location of the dog and
dog owner is known and a violation witnessed and reported for investigation of leash law.
Response Time: The time within which the County will respond to a call for service which varies based
on the time of the call and the priority assigned to the call.
Stray dogs: Means any dog three months of age or older running at large that is not wearing a valid
license tag.
2. Term:
The term of this Agreement is from July 1, 2019 through June 30, 2024 ("Initial Term"). This Agreement is
effective upon full execution of the Parties.
3. Renewal:
This Agreement may be renewed for up to two successive two-year terms by the mutual agreement of the
Parties, subject to availability and appropriation of funds for renewal. Any extension, modification or
amendment to this Agreement shall be approved by both Parties in writing.
4. Amendment:
This Agreement supersedes all previous Agreements between the Parties concerning Animal Control
Services. Nothing in this Agreement may be modified or waived except by prior written amendment, duly
executed by authorized signers for Parties.
5. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party sixty (60) days'
prior written notice of such termination. Upon termination of this Agreement, all property used in performing
services under this Agreement shall be returned promptly to the Party owning or having the right to possess
the same.
6. Insurance:
The Parties agree to secure and maintain sufficient insurance coverage for any and 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
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program may fulfill the insurance requirement.
7. Record Keeping and Audits:
The Parties agree to maintain and furnish to each other such records and documents pertaining to the
services provided pursuant to this Agreement as may be required by this Agreement and any applicable
Federal and State laws, rules and regulations. 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 15 (E).
8. Default:
In the event of non-payment by TOWN, this Contract shall be terminated as of the date of delinquency and
COUNTY obligations hereunder shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide TOWN with quarterly routine statistical and/or management reports which provide
the following information: the number of calls, the date and time the call was received, incident address or
area, descriptor (stray/dangerous), and disposition of the call concerning the services provided pursuant
to this Agreement.
10. Amendments to Ordinances:
By this Agreement, the County has agreed to provide enforcement of the Animal Control Ordinances. If
the Town changes its Ordinance, the County may at its option, decline to enforce the changes to the
Animal Control Ordinance or enter into a written amendment adding enforcement of such changes which
may include modification of service and additional payment terms.
11. Conflict of Interest:
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel the Agreement, without penalty or
obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the
Agreement on behalf of that Party is at any time while the Agreement or any extension thereof is in effect an
employee of any other Party to the Agreement in any Town to any other Party to the Agreement with respect
to the subject matter of the Agreement.
12. Indemnification:
To the extent permitted by law, the COUNTY and the Department does hereby covenant and agree to
indemnify, defend and hold harmless the TOWN, its 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 act or omission of the
COUNTY and the Department, its officers, employees, contractees, agents and anyone acting under its
direction or control, whether intentional or negligent, in connection with or incident to this Agreement.
To the extent permitted by law, the TOWN does hereby covenant and agree to indemnify, defend and
hold harmless the COUNTY its 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 act or omission of the TOWN, its officers,
employees, agents and anyone acting under its direction or control, whether intentional or negligent, in
connection with or incident to this Agreement.
13. Services:
The COUNTY agrees to provide the Animal Control Services in Appendix B.
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14. Payment for Services:
The TOWN agrees to pay the COUNTY for Services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. The COUNTY will submit an invoice quarterly for
Services to be provided. The TOWN will submit payment to COUNTY within 30 days of receiving of a
correct invoice. For the initial term of this Agreement, the Town agrees to pay the County $2,750.
Thereafter, the Town shall pay the County those fees approved by the Maricopa COUNTY Board of
Supervisors in accordance with a formula developed by the Department, which require full recovery of the
COUNTY's direct and indirect costs. See Appendix A.
15. General Provisions:
A. Force Majeure: Neither Party shall be responsible for delays or failures in performance resulting
from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots,
and acts of war, epidemics, and governmental regulations imposed after the fact, fire,
communication line failures or power failures.
B. This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
C. 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.
D. The COUNTY and TOWN warrant they are in compliance with the provisions in A.R.S. § 41-
4401 (e-verify).
E. Notices. Whenever written notice is required or permitted to be given by any Party to the
other, such notice shall have been 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, addressed to:
Animal Care and Control
Finance Division
Maricopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
Town of Carefree
Kandace French Contreras, CMC, Town Clerk/Treasurer
Town of Carefree
8 Sundial Circle
P.O. Box 740
Carefree, AZ 85377
F. 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.
G. This Agreement shall be construed in accordance with the law of the State of Arizona.
H. Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal and State whether or not specifically
referenced herein.
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The persons signing this Agreement warrant that they have full authority to do so and that
their signatures shall bind the Parties for which they sign.
IN WITNESS WHEREOF, the Parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS
By:
Bill Gates, Chairman
Attest:
Fran McCarroll, Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorneys, who
have determined that it is in proper form and within the power and authority granted under the laws of the
State of Arizona.
By: By:
Attorney for Board of Supervisors / Ton Atto ey
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APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level: Basic
2. Service Cost for Initial Term: $2,750 annually
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APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control provisions in the Carefree
Town Code, Chapter 5 — Health and Safety, Article 5-1 Animal Rules and Regulations, within the
geographic boundaries of Carefree and in accordance with the terms of this Agreement.
Minimum Staffing: Staff sufficient to respond to approximately 90% of service requests within the time
prescribed below.
3. Response Times during Ordinary Operation Hours: During Ordinary Operation Hours, the County staff
shall arrive at the scene of an animal control incident within the time prescribed below based on the
Priority Dispatch classification:
Priority 1 - 1 hour
Priority 2 - 2 hours
Priority 3 - 5 hours
Priority 4 - 6 hours
4. Response Times during Limited Operation Hours: During Limited Operation Hours the County will
respond only to Priority 1 and 2 calls. The County will respond to such calls within 1 and 2 hours of
dispatch, respectively. The County will not respond to Priority 3 and 4 calls received after 5 p.m. until
the commencement of the next Ordinary Operations period. Response times for such calls will be 5
and 6 hours respectively measured from the commencement of the next Ordinary Operation period.
5. After-Hours Response Times: After hours, the County will respond to Priority 1 calls involving bite
animals within 3 hours of the dispatch within the geographic boundaries of the Town Carefree.
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APPENDIX C — HOURS OF OPERATION
The facilities and locations specified below and will be available during the hours of operation indicated.
Services DAYS & HOURS Telephone no.
OF OPERATION
Regular Operation Hours: Open to the General Monday — Sunday
Public. Call Center Hours taking calls. 8:00 a.m. to (602)506-7387(public)
5:00 p.m. except Government Official non-
Christmas, New published line:
Year's Day and (602)506-1309
Thanksgiving
Monday — Sunday Police & Fire non-
Limited Operation Hours Police and Fire Only: 5:00 p.m. to published back line:
Priority calls 1, 2, &J 10:00 p.m. Every day (602)506-1309 (not public)
of the year including Police Emergency Only
holidays
Police & Fire non-
After hours Operations: Police and Fire Only: Monday-Sunday 10:00 published back line:
Priority 1, imminent danger to human. Bite dog at large, p.m. to 8:00 a.m. every (602)506-1309
Police Officer Bite, Public safe matter that may result in day of the year (not published) Police
dispatching a dog to protect the public. including all holidays. Emergency Only
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APPENDIX D —County Observed Holidays include the following marked day for Call:
N New Year's Day 111 Washington's 111 Memorial Day ▪ Rosh El Veteran's Day
birthday Hashanah
111 Martin Luther King President's Day El Independence ▪ Yom Kippur El Thanksgiving Day
JR's Birthday Day
• Lincoln's birthday El Good Friday LIJ Labor Day 111 Columbus El Christmas Day
Day
OTHER
HOLIDAYS:
N Day After Floating Holiday — 111 Day Before
Thanksgiving Christmas
(specify) (specify)
ri Cesar Chavez Birthday
• Officers work every day of the year. Enforcement services operate every day of the year.
Reduced service is noted on the 3 holidays listed above. The call center is closed to the
public. The dispatch police back line is open to law enforcement every day of the year. Field
officer response is limited to priority 1 calls on the three major holidays listed.
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APPENDIX E — Chapter 5 Health and Safety, Article 5-1 Animal Rules and Regulations
Article 5-1 ANIMAL RULES AND REGULATIONS
5-1-1 Definitions
5-1-2 Dangerous Animals
5-1-3 Dogs Not Permitted at Large
5-1-4 Noises and Sanitary Requirements
5-1-5 Strays
5-1-6 Housing
5-1-7 Swine
5-1-8 Violations and Penalties
Section 5-1-1 Definitions
In this article, unless the context otherwise requires:
A "Animal" means any animal of a species that is susceptible to rabies, except man.
B. "At large" means on or off the premises of the owner and not under the physical control of the owner or other person acting for
the owner. A dog shall not be deemed at large for the purposes of this Section if it is restrained by a leash, chain, rope or cord not
to exceed six feet in length and of sufficient strength to control the action of the dog, or if the dog is in a suitable enclosure that
actually confines the dog.
C. "County pound" means any establishment authorized by the Maricopa County Board of Supervisors for the confinement,
maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent.
D. "Dog" means a member of the canis familiaris family.
E. "Enforcement agent" means the town marshal or designee who is responsible for the enforcement of this article and the
regulations promulgated thereunder, or any officer of the Maricopa County Animal Control services.
F. "Impound" means the act of taking or receiving into custody by the enforcement agent any dog or other animal for the
purpose of confinement in a county pound in accordance with the provisions of this article.
G. "Livestock" means any horses, mules, cattle, burrow, goats, sheep, swine or poultry.
H. "Owner" means any person keeping an animal other than livestock for more than five consecutive days
I. "Rabies quarantine area" means any area in which a state of emergency has been declared to exist due to the occurrence of
rabies in animals in or adjacent to this area.
J. "Vicious animal" means any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise
endanger the safety of human beings without provocation or that has been so declared after a hearing before a justice of the peace
or a city or town magistrate.
Section 5-1-2 Dangerous Animals
No person shall keep or harbor any dangerous or vicious animal of any kind within the town, and such animals shall be immediately
impounded by the town enforcement agent. Exhibitions or parades of animals which are ferae naturae may be conducted only upon
securing a permit from the town.
Section 5-1-3 Dogs Not Permitted at Large
A. No person shall allow or cause a dog to be at large within the town boundaries. Each dog shall be confined within an
enclosure on the owner's property, or secured so that a dog is confined entirely to the owner's property, or on a leash not to exceed
six feet in length and directly under the owner's physical control when not on the owner's property.
B. No person shall allow or cause a vicious dog, or a dog in a rabies quarantine area to be at large.
C. Any dog at large may be apprehended and impounded by the enforcement agent.
1. Said agent shall have the right to enter upon private property when it is necessary to do so in order to apprehend any dog
that is at large. Such entrance upon private property shall be in reasonable pursuit of such dog and shall not include entry into a
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domicile or enclosure which confines the dog unless it be at the invitation of a person residing thereon.
2. In the judgment of the enforcement agent, if any dog at large or other animal that is dangerous or fierce and a threat to
human safety cannot be safely impounded, it may be slain.
D. The enforcement agent may issue a citation to the dog owner, person acting for the dog owner, custodian, or other person
whom said agent may reasonably believe permitted, allowed or caused a dog to be at large.
E. Notwithstanding any other provision of this article, any dog owner, person acting for the dog owner, custodian, or other person
who permits, allows or causes a dog to be at large in violation of:
1. Subsection A of this Section is responsible for a civil violation, punishable by a civil sanction not to exceed three hundred
dollars.
2. Subsection B of this Section is guilty of a misdemeanor, punishable by a fine of not to exceed two thousand five hundred
dollars, by imprisonment for a period not to exceed six months, by a term of probation not to exceed three years, or by any
combination of such fine, imprisonment and probation.
Section 5-1-4 Noises and Sanitary Requirements 2
A. It is unlawful to harbor or keep any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or the
making of other noises disturbs the peace of a neighborhood or any two or more persons not residing in the same household, one of
which may be an animal control officer or other law enforcement officer.
B. Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove
and thereafter dispose of any fecal matter deposited by the dog on public or private property located within the area bounded by the
Town limits of the Town of Carefree, Arizona, unless the property owner has given prior approval to use the property for this
purpose. The dog fecal matter shall be immediately placed in a closed or sealed container and thereafter disposed of by depositing
said matter in a trash receptacle, sanitary disposal unit or other closed or sealed container. This section shall not apply to
handicapped persons accompanied by a dog used for their assistance.
Section 5-1-5 Strays
Any person who keeps or causes to be kept any horses, mules, cattle, burrow, goats, sheep, or other livestock or poultry shall keep
such livestock or poultry in a pen or similar enclosure to prevent their roaming at large within the corporate limits of the town. Any
such livestock or poultry running at large may be impounded.
Section 5-1-6 Housing
No person shall cause or allow any stable or place where any animal is or may be kept to become a threat to the health or safety of
any person.
Section 5-1-7 Swine
No person shall keep any live swine or pigs in the town.
Section 5-1-8 Violations and Penalties *
Except where otherwise provided, any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the
enforcement of, any of the provisions of this article shall upon admission or judicial determination thereof be responsible for a civil
offense and shall be subject to imposition of a civil sanction of up to seven hundred fifty dollars.
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