IGA SRPMIC (ANIMAL CONTROL SERVICES).PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2018 - 2023
AGREEMENT FOR ANIMAL CONTROL
SERVICES
BETWEEN
Maricopa County
and the
Salt River Pima-Maricopa Indian Community
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AGREEMENT FOR ANIMAL CONTROL SERVICES
This agreement is entered into by and between Maricopa County, ("County") and the Salt River
Pima-Maricopa Indian Community ("SRPM1C" or "Community"), and hereinafter collectively
referred to as the "Parties".
The County maintains facilities, equipment, and trained personnel for the maintenance, control, and
impoundment and/or destruction of unclaimed or vicious dogs and cats. Include in the maintenance
of animal control are vaccination, licensing of dogs, and rabies control.
The SRPMIC is authorized to enter into this agreement by Article VII, Section 1(h), of the
Constitution of the Salt River Pima-Maricopa Indian Community. The County is authorized to enter
into this Agreement by A.R.S. § 11-201(A) (3), 11-952, 11-1005(A) (3).
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 binding on
any of the Parties hereto.
Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit
brought against the State of Arizona, the County, or the SRPMIC in any SRPMIC, State or Federal
Court.
GENERAL PROVISIONS
1. Term:
Upon its execution by both Parties this Agreement is effective from October 1, 2017 through
September 30, 2022. Any modification or amendment to the terms and conditions of this Agreement
shall be approved by both Parties in writing.
2. Services:
The County agrees to provide the field services indicated in Appendix B, Services.
3. 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 SRPMIC, Federal and State laws, rules and regulations. Each Party, prior to conducting
and audit, must give sixty (60) calendar days written notice to the other Party.
4. County Reporting Obligations:
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County shall provide the SRPMIC with quarterly routine statistical and/or management reports
concerning the services provided pursuant to this Agreement.
5. Payment for Services:
The SRPMIC agrees to pay the County for services performed under this Agreement in accordance
with Appendix A "Compensation Schedule" of this Agreement, as may be amended. The annual
amounts due for each fiscal year shall be paid quarterly on August 1s t, November 1st, February Pt,
and May
6. Cost Schedule:
a. Fees for services shall be prepared in accordance with a formula developed by the County and the
County Office of Management and Budget, in accordance with County Board of Supervisors
Budgeting for Results Guidelines, which require full recovery of the County's direct and indirect
costs. Any fee Compensation Schedule change shall be executed as an Amendment to this
Agreement. Any decision not to renew or amend this Agreement is subject to the termination
provisions of this Agreement.
b. Fees for services provided under this Agreement will be those currently approved by the
Maricopa County Board of Supervisors, and identified on Appendix A, "Compensation Schedule".
For the Fiscal year beginning October 1, 2017 and each subsequent fiscal year during the term of this
Agreement, the County will notify the SRPMIC by April 1 of the fee Compensation Schedule for
services requested and provided under this Agreement for the following fiscal year.
7. Default:
a. In the event, the County fails to respond pursuant to the terms of this Agreement, the SRPMIC
shall advice the County immediately in writing and shall terminate its obligations under this
Agreement (the SRPMIC will also pro rate any unpaid costs for services and provide such pro-rated
fee to the County).
b. In the event of non-payment by the SRPMIC, County shall notify the SRPMIC in writing that it
will immediately cease further services.
8. 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 written amendment, duly
executed by both Parties.
9. Termination:
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Either Party may, with or without cause, terminate this Agreement by giving the other Party ninety
(90) calendar days 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.
10. Amendments to Ordinances:
a. Notification of Change. The SRPMIC shall notify County in writing of any substantive changes
to SRPMIC laws, regulations and ordinances regarding domestic animals addressed by this
Agreement.
b. Amendment of Agreement. The County, upon prior written notice, may decline to enforce
ordinance changes or may require additional compensation for enforcement.
11. Insurance:
The Parties agree to secure and maintain 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 will fulfill the insurance requirement.
12. Indemnification:
To the extent permitted by law, the County does hereby covenant and agree to indemnify, defend and
hold harmless the SRPMIC, 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, 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 SRPMEC does hereby covenant to 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 SRPMIC, 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.
13. 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 capacity to any
other Party to the Agreement with respect to the subject matter of the Agreement.
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14. Arbitration:
Any dispute or claim arising from, or relating to this Agreement, or breach thereof that cannot be
resolved promptly by the Parties shall be resolved by arbitration in accordance with the rules, then
obtaining, of the American Arbitration Association. It is understood that neither this Agreement nor
the Rules of the American Arbitration Association shall confer jurisdiction on any courts of the State
of Arizona or of the United States. It is further understood that arbitration as set forth in this
paragraph is the exclusive remedy for any dispute, or claim related to this Agreement.
15. Sovereign Immunity:
Nothing in this Agreement, or any current or future schedules, attachments, exhibits, amendments, or
addenda, is intended to be or shall be construed as a waiver of the SRPMIC's sovereign immunity,
except as may be provided in paragraph 14 above.
16. 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.
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In witness whereof, the Parties have executed this Agreement on the day and year first written above.
MARICOPA COUNTY SALT RIVER PIMA-MARICOPA
BOARD OF SUPERVISORS INDIAN COMMUNITY
ATTEST:
Clerk of the Board
In accordance with A.R.S. § 11-952 this agreement has been reviewed by the undersigned who has
determined that this agreement is in appropriate form and within the powers and authority granted to
each respective public body.
Deputy County Attorney SRPM1C Assistant General Counsel
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APPENDIX A
COMPENSATION SCHEDULE
1. County Service Level: Basic
2. Service Cost: $17,159.00
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APPENDIX B
SERVICES
1. Ordinance: Within the SRPMIC and at the direction of the Salt River Police Department
(SRPD), the County shall be responsible for and enforce rabies/animal control in accordance with the
following sections of the Chapter 12, Articles I and II of the SRPMIC Code of Ordinances. In
addition, the County may respond to requests from the SRPMIC through the SRPD and any response
action by the County will adhere to Title 11, Chapter 7, Article 6 and Article 6.1 of Arizona Revised
Statutes.
2. Hours of Operation. The County shall operate a call center from 8 a.m. to 5 p.m. seven (7)
days a week. The County shall provide dispatch coverage from 7 a.m. until 10 p.m. seven (7) days a
week. The County shall provide emergency response services from 10 p.m. until 8 a.m. seven days a
week. The County will be closed on official County Holidays; Thanksgiving, Christmas, New Year's
Day and Columbus Day.
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