IGA WITH TOWN OF YOUNGTOWN FOR ANIMAL CONTROL SERVICES.PDF

INTERGOVERNMENTAL
AGREEMENT
July 1, 2018 through June 30, 2019
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The Town of Youngtown
Contract No.
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AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, ("Agreement"), is entered into by and between Maricopa County,
administered through Maricopa County Animal Care and Control, ("COUNTY") and the Town of Youngtown,
(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 Youngtown is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The TOWN is in need of the 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:
Afterhours 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 Control Ordinance: Maricopa County Animal Control Ordinance and the Youngtown Town Code
Title 6 Animals Chapter 6.04 Animal Control Sections: 6.04.040 C., E. 6.04.050, 6.04.060, attached
hereto as Appendix E.
Animal At-Large: Dog that is not contained by an enclosure or physically restrained by a leash.
Animal Control Services: Includes:
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 on Appendix D.
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Basic Animal Control Services: Basic animal control services performed within the response periods
prescribed for priority dispatch in Appendix B & C.
Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.
Limited Operations Hours: Refers to the hours of 5 p.m. to 10 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.
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.
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, 2018 through June 30, 2019 (initial Term"). This Agreement is
effective upon full execution of the Parties.
3. Renewal:
This Agreement may be renewed for up to two successive three-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 both Parties.
5. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party one hundred
twenty (120) 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.
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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.
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 one
hundred and twenty (120) 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 and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide TOWN with quarterly routine statistical and/or management reports which
provided 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.
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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 described in Appendix B.
14. Payment for Services:
The Town agrees to pay the County $9,996 for the initial term of this Agreement. After the initial term, the
Town shall pay the County those fees set forth in Appendix A for subsequent years. If the COUNTY
determines that the amounts set forth on Appendix A do not result in full recovery of the COUNTY'S direct
and indirect costs of providing the Services to the TOWN, then such fees may be increased by the
Maricopa COUNTY Board of Supervisors in accordance with a formula developed by the Department and
the COUNTY Office of Management and Budget, in accordance with Board of Supervisors Budgeting for
Results Guidelines, which require full recovery of the COUNTY's direct and indirect costs. COUNTY
shall notify TOWN on or before April 1 of each year of any such increase for the subsequent year. Upon
request by TOWN, COUNTY shall provide TOWN with the data or other information supporting the
proposed fee increase. This Agreement shall terminate at the end of the then current term if TOWN
notifies COUNTY on or before May 1 following notice of the fee increase that TOWN does not approve of
the fee increase. 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.
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,
acts of war, epidemics, 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
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Town of Youngtown:
Town Manager
12030 Clubhouse Square
Youngtown, AZ 85363
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 person 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 TOWN OF YOUNGTOWN
By:
Chairman
Attest: Attest:
Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it is in proper form and is within the power and authority granted unct , the laws of the
State of Arizona.
By:
Attorney for Board of Supervisors
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APPENDIX A
COMPENSATION SCHEDULE FOR BASIC ANIMAL CONTROL SERVICES
July 1, 2018 through June 30, 2019 $9,996
July 1, 2019 through June 30, 2020 $10,496
July 1, 2020 through June 30, 2021 $10,996
Fees for July 1, 2019 through June 30, 2020 and July 1, 2020 through June 30, 2021 may be revised in
accordance with Paragraph 14 of the Agreement.
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APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Youngtown
Town Code Title 6 Animals Chapter 6.04 Animal Control Sections: 6.04.040 (C), (E), 6.04.050, and
6.04.060, attached hereto as Appendix E within the geographic boundaries of Youngtown 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 Hour 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 Youngtown.
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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: Call Center Monday — Sunday
8:00 a.m. to (602)506-7387(public)
5:00 p.m. except
County Observed
Holidays
Monday — Sunday (602)506-7387(public)
Limited Operation Hours: Recording 5:00 p.m. to
10:00 p.m. except
County Observed
Holidays
After bows Operations and police laxenty: Direct Diipatth
24/7 including (602)506-1309(not
holidays published) Police Only
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APPENDIX D
County Observed Holidays include the following marked days:
Z New Year's Day LI Washington's Memorial Day Rosh Z Veteran's Day
birthday ITashanah
12 Martin Luther King Z President's Day Z Independence Day Ej Yom Kippur Z Thanksgiving Day
JR's Birthday
Lincoln's birthday 0 Good Friday EZ Labor Day p Columbus Z Christmas Day
Day
OTHER
HOLIDAYS:
El Day After Floating Holiday 0 Day Before LI
Thanksgiving Christmas
(specify) (specify)
pi Cesar Chavez Birthday
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APPENDIX E:
Town of Youngtown
Title 6 ANIMALS
Chapter 6.04 - ANIMAL CONTROL
Sections:
6.04.040 Restrictions on keeping of animals.
6.04.040 Restrictions on keeping of animals.
C. The keeping of all animals within the town shall be subject to all pertinent and consistent regulations of the
state of Arizona and Maricopa County.
E. Each owner of a dog residing in the town shall comply with all licensing requirements and regulations of
Maricopa County.
(Ord. 03-17 § 1 (part); Ord. 92-5 § 1; prior code § 6-1-4)
6.04.050 Violations—Penalties.
At the discretion of the magistrate of the town of Youngtown, a first violation of this chapter may be designated a
civil offense with a maximum fine of fifty dollars ($50.00); a second conviction for a violation of this chapter may
be designated a petty offense for which the maximum fine will be one hundred dollars ($100.00); and any
subsequent conviction will be a Classlmisdemeanor for which the maximum fine will be up to two thousand five
hundred dollars ($2,500.00) or six months in jail or both such fine and imprisonment.
(Ord. 05-13 § 1: Ord. 03-17 § 1 (part): Ord.02-04 § 3 (part); prior code § 6-1-5)
6.04.060 Enforcement.
This chapter may be enforced by the town code enforcement officer, the chief of police or his or her designee(s),
and/or any animal control agency with which the town has a contract to provide animal control services. No
person shall attempt to remove an animal from the custody of an animal control enforcement official.
(Ord. 03-17 § 1 (part))
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