IGA BETWEEN MARICOPA COUNTY AND THE TOWN OF CAVE CREEK FOR ANIMAL CONTROL SERVICES (7-1-19 TO 6-30-24).PDF

INTERGOVERNMENTAL
AGREEMENT
JULY 1, 2019 THROUGH JUNE 30, 2024
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The Town of Cave Creek
C-
PAGE 1 OF 14

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 Cave Creek, ("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 Cave Creek 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: Cave Creek Town Code Chapter 90 — Animals; Sections 90.01 Definitions;
Sections 90-10, 90.14, 90.16 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
PAGE 2 OF 14

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
program may fulfill the insurance requirement.
PAGE 3 OF 14

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.
14. Payment for Services:
PAGE 4 OF 14

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 $6,886.
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 Cave Creek
Carrie Dyrek, Town Clerk
Town of Cave Creek
37622 N. Cave Creek Road
Cave Creek, AZ 85331
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.
I. 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.
PAGE 5 OF 14

IN WITNESS WHEREOF, the Parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS TOWN OF CAVE CREEK
By: By:
Bill Gates, Chairman Ernie Bunch, Mayor
Attest: Attest
Fran McCarroll, Clerk of the Board Dyre Town ger/Town Clerk
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 William J. Sims, -piwn Attorney
PAGE 6 OF 14

APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level: Basic
2. Service Cost for Initial Term: $6,886 annually
PAGE 7 OF 14

APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control provisions in the Cave Creek
Town Code, Chapter 90 — Animals, within the geographic boundaries of Cave Creek and in accordance
with the terms of this Agreement.
2. 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 of Cave Creek.
PAGE 8 OF 14

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
Publi,: 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:
Priori* calls 1, 2, & 3. 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:
Priori* 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 clog to protect the public. including all holidays. Emergency Only
PAGE 9 OF 14

APPENDIX D —County Observed Holidays include the following marked day for Call:
El New Year's Day 0 Washington's 1=I Memorial Day Rosh El Veteran's Day
birthday Hashanah
• Martin Luther King 0 President's Day 111 Independence Yom Kippur El Thanksgiving Day
JR's Birthday Day
El Lincoln's birthday El Good Friday 1=1 Labor Day 1=I Columbus Z Christmas Day
Day
OTHER
HOLIDAYS:
lEj Day After El Floating Holiday — El Day Before CI El
Thanksgiving Christmas
(specify) (specify)
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.
PAGE 10 OF 14

APPENDIX E
Town of Cave Creek
CHAPTER 90: ANIMALS
Section
General Provisions
90.01 Definitions
Regulations
90.10 Vicious animals
90.11 Noisy animals
90.12 Livestock and poultry at large
90.13 Conditions where animals kept
90.14 Dogs
90.15 Unlawful interference with enforcement agent
90.16 Removal of impounded animals prohibited
Administration
90.25 Rabies and animal control services contracts
Statutory reference:
Authority of town over animals, see A.R.S. §§ 9-240(8)(16) and 11-1018
GENERAL PROVISIONS
§ 90.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ANIMAL. Any animal of a species that is susceptible to rabies, except man.
AT LARGE. Being neither confined by an enclosure nor physically restrained by a
leash.
DEPARTMENT. The State Department of Health Services.
ENFORCEMENT AGENT. That person in each county who is responsible for the
enforcement of this chapter and the rules adopted under this chapter or any other
applicable law.
IMPOUND. The act of taking or receiving into custody by the Enforcement Agent any
dog or other animal for the purpose of confinement in a pound in accordance with the
provisions of this chapter.
KENNEL. An enclosed, controlled area inaccessible to other animals in which a
person keeps, harbors, or maintains five or more dogs under controlled conditions.
LIVESTOCK. Neat animals, horses, sheep, goats, swine, mules, and asses.
OWNER. Any person keeping an animal other than livestock for more than six
consecutive days.
POUND. Any establishment authorized for the confinement, maintenance,
safekeeping, and control of dogs and other animals that come into the custody of the
Enforcement Agent in the performance of his or her official duties.
PAGE 11 OF 14

RABIES QUARANTINE AREA. 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.
STRAY DOG. Any dog three months of age or older running at large that is not
wearing a valid license tag.
VACCINATION. The administration of an anti-rabies vaccine to animals by a
veterinarian.
VETERINARIAN. Unless otherwise indicated, any veterinarian licensed to practice in
this state or any veterinarian employed in this state by a governmental agency.
VETERINARY HOSPITAL. Any establishment operated by a veterinarian licensed to
practice in this state that provides clinical facilities and houses animals or birds for
dental, medical, or surgical treatment. A veterinary hospital may have adjacent to it or
in conjunction with it or as an integral part of it pens, stalls, cages, or kennels for
quarantine, observation, or boarding.
VICIOUS ANIMAL. Any animal of the order camivora 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 magistrate.
(A.R.S. § 11-1001) ('87 Code, § 6-2-1) (Am. Ord. 0-2003-10, passed 11-17-03)
REGULATIONS
§ 90.10 VICIOUS ANIMALS
(A) Generally. It is unlawful to permit any vicious animal of any kind to run at large
within the town, and such animals shall be immediately impounded by the Town
Marshal or other peace officer. Exhibitions or parades of animals which are ferae
naturae in the eyes of the law may be conducted only upon securing a permit from the
Town Marshal.
('87 Code, § 6-1-1)
(B) Killing vicious animals. The Town Marshal, any peace officer, or the Town
Enforcement Agent is authorized to kill any vicious animal of any kind when it is
necessary for the protection of any person or property.
(C) Exceptions. The provisions of this section shall not apply to dogs owned or used
by a law enforcement agency and which are used in the performance of police work.
(D) Any violation of this section shall constitute a Class 1 misdemeanor, punishable
as provided in § 10.99(C).
('87 Code, § 6-1-2) Penalty, see § 10.99
Statutory reference:
Vicious dog attacks, felony offenses, see A.R.S. § 13-1208
§ 90.11 NOISY ANIMALS.
It is unlawful to harbor or keep any animals that unreasonably and continually disturb
the peace by loud noises at any time of the day or night, if such noise has been
documented.
('87 Code, § 6-1-3) Penalty, see § 10.99
§ 90.12 LIVESTOCK AND POULTRY AT LARGE.
Any person who keeps or causes to be kept any horses, mules, cathe, burros, goats,
sheep, or other livestock or poultry shall keep such livestock or poultry fenced to
prevent their roaming at large within the corporate limits of the town. Any such livestock
PAGE 12 OF 14

or poultry running at large may be impounded by any police officer of the town.
('87 Code, § 6-1-4(A)) Penalty, see § 10.99
§ 90.13 CONDITIONS WHERE ANIMALS KEPT.
It is unlawful to cause or allow any stable or place where any animal is or may be kept
to become unclean or unwholesome.
('87 Code, § 6-1-4(B)) Penalty, see § 10.99
§ 90.14 DOGS.
(A) Dogs not permitted at large; wearing license.
(1) Dogs may not be permitted at large in any part of the town. Each dog shall be
confined to the owner's property, or when off the owner's property shall be either
secured by a leash or directly under the owner's immediate control by voice command
and within sight of the owner at all times.
(2) In a rabies quarantine area, no dogs shall be permitted at large. 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 control when not on the owner's property.
(3) Any dog over the age of three months shall wear a collar or harness to which is
attached a valid license tag. Dogs used for control of livestock or while being used or
trained for hunting, or dogs while being exhibited or trained at a kennel club event, or
dogs while engaged in races approved by the Arizona Racing Commission, and such
dogs while being transported to and from such events need not wear a collar or harness
with a valid license attached, provided that they are properly vaccinated, licensed, and
controlled.
(4) Any dog at large in violation of this division (A) shall be apprehended and
impounded by an Enforcement Agent.
(a) 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 has been running at large. Such
entrance upon private property shall be in reasonable pursuit of such dog and shall not
include entry into a domicile or enclosure which confines a dog unless it be at the
invitation of the occupant.
(b) Said agent may issue a citation to the dog owner or person acting for the
owner when the dog is at large. The procedure for the issuance of notice to appear
shall be as provided for peace officers in A.R.S. § 13-3903, except the Enforcement
Agent shall not make an arrest before issuing the notice. The issuance of citations
pursuant to this division (A) shall be subject to provisions of A.R.S. § 13-3899.
(c) 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.
('87 Code, § 6-2-9) (Am. Ord. 93-06, passed 2-1-93; Am. Ord. 0-2003-10, passed 11-
17-03)
(B) Liability. Injury to any person or damage to any property by a dog while at large
shall be the full responsibility of the dog owner or person or persons responsible for the
dog when such damages were inflicted.
('87 Code, § 6-2-14) Penalty, see § 10.99
Statutory reference:
Dogs at large, similar provisions, see A.R.S. § 11-1012
PAGE 13 OF 14

Enforcement, see A.R.S. § 11-1007
§ 90.15 UNLAWFUL INTERFERENCE WITH ENFORCEMENT AGENT.
(A) It is unlawful for any person to interfere with the Enforcement Agent in the
performance of his or her duties.
(B) Any violation of this section shall constitute a Glass 1 misdemeanor, punishable
as provided in § 10.99(C).
('87 Code, § 6-2-12) (Am. Ord. 0-2005-07, passed 6-20-05) Penalty, see § 10.99
Statutory reference:
Similar provisions, see A.R.S. § 11-1015
§ 90.16 REMOVAL OF IMPOUNDED ANIMALS PROHIBITED.
(A) No person may remove or attempt to remove an animal which has been
impounded or which is in the possession of the Enforcement Agent except in
accordance with the provisions of this chapter and the regulations promulgated
thereunder.
(B) Any violation of this section shall constitute a Class 1 misdemeanor, punishable
as provided in § 10.99(C).
('87 Code, § 6-2-13) (Am. Ord. 0-2005-07, passed 6-20-05) Penalty, see § 10.99
Statutory reference:
Similar provisions, see A.R.S. § 11-1016
ADMINISTRATION
§ 90.25 RABIES AND ANIMAL CONTROL SERVICES CONTRACTS.
In lieu of establishing a rabies/animal control department, the town may enter into an
intergovernmental agreement or contract for the provision of rabies/animal control
services.
(87 Code, Art. 6-3)
Statutory reference:
Contracts with the county and county enforcement, see A.R.S. § 11-1007
PAGE 14 OF 14