GILBERT.PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2017-2019
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The TOWN of Gilbert
Contract No. 201 tA (-0440
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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 Glibert,
(“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 Gilbert is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The TOWN Is In need of the animal contro] 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
responstbillties with respect to the Services.
NOW, THEREFORE, In consideration of the foregoing recitals, which are Incorporated herein by
reference, the following mutual covenants and conditlons 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 histary 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 Animat Control] Ordinance and the Gilbert TOWN Chap 6
Articte |, Diy 1., 6-31 fo 36, Div 2, Sec. 6-86 to 63, Div 4 Sec, 6-101 fo 106 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.
Basic Animal Control Services: Basic animal control services performed withln the response periods
prescribed for priority dispatch in Appendix A,
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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 calts 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, 2016 through June 30, 2019 (“Initial Term’). This Agreement is
6ffactive 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 fo avallabllity 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 Agreernent supersedes all previous Agreements between the Parties conceming animal control
services, Nothing in this Agreement may be modified or waived except by prior written amendment, duly
executed by both Partles.
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 Agreernent shall be returned promptly to the Party owning or having the right to possess
the same.
8, 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:
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The Parties agree to maintain and furnish fo each other such records and documents pertaining to the
services provided pursuant to this Agreement as may be required by thls Agreement and any applicable
Federal and State iaws, rules and regulations. Each Party, prior to conducting an audit, must give sixty (60)
calendar days notice to the other Party. Notice shail 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 thls 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 initlating, 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.
42. 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, cantractees and agents from
and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages
of any kind or nature relating fo 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 cr 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
sults, actions, legal ar 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 Intentlanal or negligent, in
connection with ar Incident fo this Agreement.
13. Services:
The COUNTY agrees to provide the animal cantrol services described in Appendix B.
14. Payment for Services:
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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. 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
cotrect invoice for the initial tern of this agreement; the TOWN agrees to pay the County $79,992.00.
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 and the COUNTY Office of
Management and Budget, in accordance with Board of Supervisors Budgeting for Results Guidelines,
which require full recovery of the GOUNTY'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
fram 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 jine
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 agalnst the COUNTY or the TOWN in any State or Federal Court.
D. The COUNTY and TOWN warrant they are in compliance with the provistons in A.R.S. § 41-
4401 (e-vaerify).
E. Notices. Whenever written notice is required or permitted fo 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 mall, return-receipt-requested, addressed to:
Animal Gare and Control:
Finance Division
Maricopa County Animal Care and Control
2500 South 27" Avenue
Phoenix, AZ 85009
TOWN of Gilbert:
TOWN of Gilbert Police Department
Copy to:
F. This Agreement shall not be assigned, in whole or in part, without the prior written consent of
the partles, 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 Jaws, ordinances, Executive Orders, rules,
tegulations, standards, and codes of the Federal and State whether or not specifically
referenced hereln.
|. The person signing this Agreement warrant that they have full authority to do so and that their
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signatures shall bind the partles for which they sign.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS TOWN OF GILBERT
By: By:
Wel
Chairman \yMaydt
Attest: Attest:
Clerk of the Board TOWN Clerk
,
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it ls in proper form and is within the power and authority under the laws of the
State of Arizona.
my,
feld bfl—
Attorney for Board of Supervisors A
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APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level:Basic
2. Service Cost
Fiscal year 2016-2017: $143,966.00
Fiscal year 2017-2018: $ 157,000.00
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Fiscal year 2017-2018: An amount to be determined pursuant to Section 14 of this
Agreement. |
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APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Gilbert
TOWN Code Chapter 6: Article Il, Div 1., 6-31 to 35, Div 2. Sec. 6-56 to 62, Div 4 Sec, 6-101 to 106
within the geographic boundarles of Gilbert 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
shail 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 Gilbert.
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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.
DAYS & HOURS
Services Telephone ho.
OF OPERATION
Reglar Operation Hours: Call Center Monday — Friday
8:00 a.m. to (602)506-7387
5:00 p.m, except
County Observed
Holidays
Monday — Friday (602)506-7387
Limited Operation Hours: Recording 5:00 p.m. to
10:00 p.m. except
County Observed
Holidays
AMfier hours Operations: Direct Dispatch
Monday-Sunday 10:00 (602)506-1309
p.m, to 8:00 a.m. and
all County Observed
Holidays
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APPENDIX D —County Observed Holidays include the following matked days:
4 New Yeat’s Day 0 Washington’s Memosial Day 0 Rash Veteran’s Day
birthday Hashanah
Martin Lather King Dg President’s Day Independence Day a Yom Kippur Thanksgiving Day
JR’s Birthday
Lincoln’s birthday DO Good Friday Labor Day Columbus Christmas Day
Day
OTHER
HOLIDAYS:
Day After a] Floating Holiday — Day Before
Thanksgiving Christenas
(specify) (specify)
Cesar Chavez Birthday
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APPENDIX E
TOWN of Gilbert
ARTICLE I. - DOGS AND CATS; ANIMAL CONTROL
DIVISION 1. - GENERALLY
Sec. 6-31. - Definitions.
Sec. 6-32. - Penalty for violation of article.
Sec. 6-33. - Enforcement agent—Duties and responsibillties.
Sec. 6-34. - Same—Interference with.
Sec. 6-35. - Handling of biting animals; reporting.
Secs. 6-36--6-55. - Reserved.
DIVISION 2. - DOGS
Sec, 6-56, - Keeping, harboring or maintaining.
Sec, 6-57. - License faes: issuance of tags.
Sec. 6-58. - Kennel permit: fee: penalty for violation of section: classification.
Sec. 6-59. - Antirabies vaccination required.
Sec. 6-60. - Running at large.
Sec. 6-61. - Liability of owners.
Sec. 6-62. - Disposal of fecal matter.
Secs. 6-63—6-80, - Reserved.
DIVISION 4, - IMPOUNDMENT
Sec. 6-101, - Dogs at large.
Ses. 6-102. - Stray dogs and cats.
Sec. 6-103. - Purchase of impounded dogs or cats.
Sec. 6-104. - Reclamation by owner.
Sec. 6-105. - Proper care, maintenance and destruction of impounded animals.
Sec. 6-106. - Removing Impounded animais.
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