IGA SRPMIC (SHELTER SERVICES).PDF

Maricopa County — Formal (2018-05-09)

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INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2018 - 2023
AGREEMENT FOR SHELTER SERVICES
BETWEEN
Maricopa County
and the
Salt River Pima-Maricopa Indian Community
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INTERGOVERNMENTAL AGREEMENT
USE OF COUNTY ANIMAL SHELTERS
THIS INTERGOVERNMENTAL AGREEMENT for animal shelter services made and entered into
October I, 201 7 by and between Maricopa County (COUNTY), a political subdivision of the State of
Arizona and the Salt River Pima-Maricopa Indian Community (SRPMIC or COMMUNITY), and
hereinafter collectively referred to as the PARTIES.
WHEREAS, the COUNTY maintains facilities, equipment and trained personnel for the intake and
humane sheltering of animals; and
WHEREAS, the COMMUNITY desires to enter into an agreement with the COUNTY for animal
sheltering services;
WHEREAS, the COMMUNITY 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 pursuant to A.R.S. §11-201(A)(3), A.R.S. §11-952, and
A.R.S. §11- I 005(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 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 an SRPMIC, State, or Federal
Court.
Now, THEREFORE, the PARTIES mutually agree:
1. Msponsibilities of cou_Nar
COUNTY shall impound and quarantine in accordance with A.R.S. §I1-1014, any
animal suspected of having rabies and delivered by COMMUNITY or any resident of
COMMUNITY to a COUNTY animal shelter;
1.2 COUNTY shall keep and maintain, at a COUNTY animal shelter, stray dogs and
stray cats not suspected of having rabies, and delivered by COMMUNITY or any
resident of COMMUNITY for a minimum of 72 hours unless claimed by their
owners. COUNTY may place any dog or cat not redeemed by its owner for sale or
may dispose of the animal in a humane manner in accordance with law. COUNTY
may euthanize impounded sick or injured animals whenever necessary to prevent
inhumane, unhealthy or dangerous conditions or circumstances;
1.3 COUNTY shall bill COMMUNITY on a quarterly basis for services rendered.
2. Responsibilities of SRPMIC
2.1 The COMMUNITY shall pay the COUNTY an impound fee of $45.00 for each stray
dog and cat impounded by the COUNTY pursuant to this Agreement;
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2_2 The COMMUNITY shall pay the COUNTY an impound fee of $96.00 for each feral
cat impounded by the COUNTY pursuant to this Agreement;
2.3 The COMMUNITY shall pay the COUNTY a euthanasia fee of $23.00 for each
animal euthanized by the COUNTY pursuant to this Agreement;
2.4 The COMMUNITY shall pay the COUNTY a boarding fee of $31.00 per day for
each animal impounded by the COUNTY pursuant to this Agreement, with the
exception of feral cats, in which case, the daily boarding fee is included in the $96,00
impound fee.
2.5 The COMMUNITY shall pay the COUNTY a $105.00 fee for each deceased animal
not involved in a bite situation that is submitted to the Arizona State Laboratory and
$125.00 for each animal not involved in a bite situation and is euthanized by that
COUNTY and submitted to the Arizona State Laboratory;
2.6 The COMMUNITY shall compensate the COUNTY quarterly for services performed
under this Agreement in accordance with Appendix A of this Agreement, as may be
amended pursuant to this Agreement.
2.7 The COMMUNITY has appropriated sufficient funds in its fiscal year 2017-2018
budget to pay for fees charged pursuant to this Agreement.
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
an audit, must give sixty (60) calendar days written notice to the other PARTY.
4. COUNTY Reporting Obligations
COUNTY shall provide the COMMUNITY with quarterly routine statistical and/or management
reports concerning the services provided pursuant to this Agreement.
5. Payment for Services
The COMMUNITY agrees to pay the COUNTY for services performed under this Agreement in
accordance with Appendix A "Compensation Schedule" of this Agreement. The COUNTY agrees to
bill for services performed on a quarterly basis, payable by COMMUNITY April lsE, July 1', October
and January
6. Indemnification
To the extent permitted by law, COUNTY and COMMUNITY shall indemnify, defend and hold
harmless each other, each other's 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 intentional or negligent act or omission
of the indemnitor or indemnitor's officers, employees, contractees, agents and anyone acting under
its direction or control.
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7. Duration and Termination
Upon its execution by both PARTIES this Agreement is effective from October 1 2017 through
September 30, 2022 and may be renewed for subsequent one-year periods upon the mutual written
agreement of the PARTIES. Either PARTY may terminate this agreement at any time and without
cause by giving written notice 90 days prior to the actual date of termination. This Agreement may
be terminated at any time without notice and without further obligation to the terminating PARTY
when the other PARTY is found to be in default of any material provision of this Agreement.
Pursuant to A.R.S. § 1 1-952 (G) this Agreement shall be filed with the County Recorder.
8. Conflict of Interest
Pursuant to the provisions of A.R.S. § 38-511, either PARTY may cancel this Agreement without
penalty or obligation, if any person significantly involved in the initiating, negotiating, securing,
drafting, or creating this Agreement on behalf of the terminating PARTY is at any time while the
Agreement of any extension thereof is in effect an employee of the other PARTY to the Agreement
in any capacity with respect to the subject matter of this Agreement.
9. Applicable Law
This Agreement and all obligations upon the COUNTY or COMMUNITY arising there from shall be
subject to any limitations of budget law or other applicable local law or regulations.
10. Entire Agreement
This Agreement contains the entire Agreement of the PARTIES with respect to the subject matter of
this Agreement and any modification or amendment to the terms and conditions of this Agreement
shall be done in writing and signed by both parties.
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IN WITNESS WHEREOF, the PARTIES hereto enter into this Agreement as of the date first set
forth above.
"COUNTY" "COMMUNITY"
Maricopa County, a political subdivision Salt River Pima-Maricopa Indian
of the State of Arizona Community
By: By:
Chairman, Board of Supervisors De pert Ray, President
Date: Date:
ATTEST:
Clerk of the Board of Supervisors
Pursuant to A.R.S. § 11-952, and applicable SRPMIC law, 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.
a44.tIle
Deputy County Attorney SRPMIC Assistant General Counsel
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APPENDIX A
SRPMIC ESTIMATED COSTS*
SERVICE AMOUNT FEE TOTAL COST
Impounds 300 $45.00 each 13,500.00
Kennel Days 900 $31.00 per day 27,900.00
Feral Cat Impounds 12 $96.00 each 1,152.00
Total Euthanized 6 $23.00 each 138.00
Deceased Animals to 1 $105.00 each 105.00
the State Lab
Euthanized Animals to 1 $125.00 each 125.00
the State Lab
Estimated Total
*Estimated — No Historical Background $42,920.00
COMPENSATION SCHEDULE
I. COUNTY Service: Shelter Services
2. Minimum Staffing: Adequate to maintain shelter services
3. Estimated Service Cost: $42,920.00
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