IGA SRPMIC (SHELTER SERVICES).PDF
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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 Page 1 of 6 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; Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6