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42237 characters
INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2017-2019
AGREEMENT FOR ENHANCED ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Buckeye
Contract No.
TAS:tas 2762926.4 8/24/2016
PAGE 1 OF I5
AGREEMENT FOR ENHANCED 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 City of Buckeye,
("CITY"). The County and City 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 CITY is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The CITY is in need of the animal control services and desires to enter into this Agreement with the County
for enhanced animal control services.
The CITY 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 am. 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 Buckeye City Code dated
June 21, 2011, Article 6-1-4, Sec. 6-1-5, 6-1-9, 6-1-10, 6-1-14 and 6-1-17 attached hereto as Appendix E.
Anima! 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.
Enhanced Animal Control Services: Basic animal control services performed within the response periods
prescribed for priority dispatch in Appendix A.
TAS:tas 2762926.4 8/24/2016
PAGE 2 OF 15
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 victims; 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
effective 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 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 sixty (60) 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.
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.
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PAGE 3 OF 15
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 sixty (60)
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 CITY this Contract shall be terminated and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide CITY 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 City 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 City to any other Party to the Agreement with respect to
the subject matter of the Agreement.
12. Indemnification:
Each Party (as “indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
“indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as claims')
5 1 12 1 3 9 1422 2156 114 39 96.996246 arising
5 1 12 1 3 10 1549 2157 56 30 96.954643 out
5 1 12 1 3 11 1617 2156 35 31 96.990974 of
5 1 12 1 3 12 1660 2156 55 31 95.714249 the
5 1 12 1 3 13 1728 2156 162 39 96.995117 negligent
5 1 12 1 3 14 1903 2154 224 41 96.732719 performance
5 1 12 1 3 15 2139 2154 33 32 96.859138 of
5 1 12 1 3 16 2183 2154 61 32 96.984932 this
4 1 12 1 4 0 301 2202 1943 45 -1
5 1 12 1 4 1 301 2208 206 39 96.485825 Agreement,
5 1 12 1 4 2 537 2207 54 31 96.765427 but
5 1 12 1 4 3 615 2207 72 39 96.870865 only
5 1 12 1 4 4 712 2208 32 30 96.746567 to
5 1 12 1 4 5 769 2207 55 30 96.101540 the
5 1 12 1 4 6 849 2207 108 30 96.911888 extent
5 1 12 1 4 7 982 2205 67 32 96.718018 that
5 1 12 1 4 8 1074 2205 81 32 96.392006 such
5 1 12 1 4 9 1182 2205 113 32 96.392006 claims
5 1 12 1 4 10 1318 2205 101 30 95.763596 which
5 1 12 1 4 11 1448 2204 96 31 96.932770 result
5 1 12 1 4 12 1570 2204 26 31 91.213120 in
5 1 12 1 4 13 1624 2204 338 31 91.213120 vicarious/derivative
5 1 12 1 4 14 1990 2202 116 41 96.426895 liability
5 1 12 1 4 15 2132 2204 31 30 94.875000 to
5 1 12 1 4 16 2189 2202 55 32 94.875000 the
4 1 12 1 5 0 304 2250 1940 44 -1
5 1 12 1 5 1 304 2256 194 32 91.864014 indemnitee
5 1 12 1 5 2 519 2264 56 22 96.939301 are
5 1 12 1 5 3 595 2255 127 31 96.573708 caused
5 1 12 1 5 4 745 2255 38 39 96.836197 by
5 1 12 1 5 5 804 2255 53 30 96.933296 the
5 1 12 1 5 6 877 2255 61 36 96.653511 act,
5 1 12 1 5 7 960 2253 165 38 96.409241 omission,
5 1 12 1 5 8 1149 2253 200 39 96.196587 negligence,
5 1 12 1 5 9 1372 2252 211 37 96.765129 misconduct,
5 1 12 1 5 10 1605 2259 36 24 96.692604 or
5 1 12 1 5 11 1659 2252 90 31 96.963036 other
5 1 12 1 5 12 1768 2252 76 30 96.987747 fault
5 1 12 1 5 13 1863 2252 35 30 96.819328 of
5 1 12 1 5 14 1915 2252 55 30 93.247002 the
5 1 12 1 5 15 1990 2250 193 38 92.244934 indemnitor,
5 1 12 1 5 16 2208 2250 36 32 96.951218 its
4 1 12 1 6 0 303 2301 902 41 -1
5 1 12 1 6 1 303 2304 135 36 96.864288 officers,
5 1 12 1 6 2 453 2303 140 37 96.705688 officials,
5 1 12 1 6 3 609 2304 126 38 96.379791 agents,
5 1 12 1 6 4 751 2303 200 39 96.476456 employees,
5 1 12 1 6 5 967 2310 35 23 96.151459 or
5 1 12 1 6 6 1013 2301 192 32 96.151459 volunteers.
2 1 13 0 0 0 301 2399 1510 231 -1
3 1 13 1 0 0 301 2399 1510 231 -1
4 1 13 1 1 0 304 2399 328 31 -1
5 1 13 1 1 1 304 2400 53 30 95.639809 13.
5 1 13 1 1 2 451 2399 181 31 96.535896 Services:
4 1 13 1 2 0 301 2492 1510 42 -1
5 1 13 1 2 1 301 2496 70 30 95.628654 The
5 1 13 1 2 2 384 2495 168 31 96.121712 COUNTY
5 1 13 1 2 3 565 2502 122 32 96.172966 agrees
5 1 13 1 2 4 699 2496 32 30 96.249367 to
5 1 13 1 2 5 745 2493 127 41 96.281609 provide
5 1 13 1 2 6 885 2493 54 32 96.960464 the
5 1 13 1 2 7 952 2493 116 32 96.613052 animal
5 1 13 1 2 8 1083 2493 116 32 96.857628 control
5 1 13 1 2 9 1212 2493 147 30 96.733894 services
5 1 13 1 2 10 1371 2492 171 31 96.480522 described
5 1 13 1 2 11 1557 2492 27 31 96.956741 in
5 1 13 1 2 12 1597 2492 167 39 93.297386 Appendix
5 1 13 1 2 13 1779 2492 32 30 92.340836 B.
4 1 13 1 3 0 304 2589 565 41 -1
5 1 13 1 3 1 304 2592 52 30 91.274139 14.
5 1 13 1 3 2 453 2591 166 39 96.717163 Payment
5 1 13 1 3 3 631 2591 53 30 96.351089 for
5 1 13 1 3 4 696 2589 173 32 96.533257 Services:
2 1 14 0 0 0 301 2682 1943 332 -1
3 1 14 1 0 0 301 2682 1943 332 -1
4 1 14 1 1 0 301 2682 1939 44 -1
5 1 14 1 1 1 301 2687 70 31 96.648834 The
5 1 14 1 1 2 390 2687 92 31 96.107025 CITY
5 1 14 1 1 3 499 2694 124 32 95.654747 agrees
5 1 14 1 1 4 640 2687 32 30 96.180099 to
5 1 14 1 1 5 693 2694 63 32 96.180099 pay
5 1 14 1 1 6 772 2685 56 32 95.883629 the
5 1 14 1 1 7 846 2685 172 32 95.883629 COUNTY
5 1 14 1 1 8 1035 2685 49 30 96.734779 for
5 1 14 1 1 9 1101 2684 147 31 96.234047 services
5 1 14 1 1 10 1268 2684 186 40 96.191750 performed
5 1 14 1 1 11 1474 2684 103 30 96.729683 under
5 1 14 1 1 12 1593 2682 62 32 96.484947 this
5 1 14 1 1 13 1671 2682 204 39 96.438293 Agreement
5 1 14 1 1 14 1893 2682 27 32 96.358299 in
5 1 14 1 1 15 1939 2682 212 32 96.031715 accordance
5 1 14 1 1 16 2168 2682 72 30 96.031715 with
4 1 14 1 2 0 301 2729 1942 46 -1
5 1 14 1 2 1 301 2735 172 40 96.618439 Appendix
5 1 14 1 2 2 495 2735 27 31 96.610992 A
5 1 14 1 2 3 544 2735 37 30 96.515366 of
5 1 14 1 2 4 601 2735 62 30 95.991158 this
5 1 14 1 2 5 687 2735 203 39 96.127838 Agreement
5 1 14 1 2 6 912 2741 41 24 96.083084 as
5 1 14 1 2 7 978 2741 77 31 96.083084 may
5 1 14 1 2 8 1078 2733 43 30 96.597816 be
5 1 14 1 2 9 1144 2732 179 31 96.075165 amended.
5 1 14 1 2 10 1372 2732 175 31 96.671532 COUNTY
5 1 14 1 2 11 1568 2732 55 30 96.814598 will
5 1 14 1 2 12 1648 2730 121 32 96.407364 submit
5 1 14 1 2 13 1792 2738 43 24 94.623482 an
5 1 14 1 2 14 1861 2730 127 32 95.905853 invoice
5 1 14 1 2 15 2011 2730 160 39 96.703110 quarterly
5 1 14 1 2 16 2195 2729 48 31 96.703110 for
4 1 14 1 3 0 303 2777 1938 45 -1
5 1 14 1 3 1 303 2783 155 31 96.915245 Services
5 1 14 1 3 2 478 2784 34 30 96.868347 to
5 1 14 1 3 3 534 2783 42 31 96.539787 be
5 1 14 1 3 4 598 2781 164 41 96.511833 provided.
5 1 14 1 3 5 787 2781 68 32 96.616943 The
5 1 14 1 3 6 877 2781 92 32 96.815422 CITY
5 1 14 1 3 7 988 2781 56 30 96.973991 will
5 1 14 1 3 8 1066 2780 121 31 96.181213 submit
5 1 14 1 3 9 1207 2781 158 39 96.415054 payment
5 1 14 1 3 10 1384 2781 34 30 96.555016 to
5 1 14 1 3 11 1438 2780 173 30 96.462921 COUNTY
5 1 14 1 3 12 1631 2778 102 32 96.266212 within
5 1 14 1 3 13 1756 2780 44 30 96.508842 30
5 1 14 1 3 14 1822 2778 85 41 96.468910 days
5 1 14 1 3 15 1929 2778 35 32 96.468910 of
5 1 14 1 3 16 1984 2778 160 39 96.201477 receiving
5 1 14 1 3 17 2166 2777 36 31 96.738525 of
5 1 14 1 3 18 2222 2786 19 22 96.196579 a
4 1 14 1 4 0 301 2825 1937 43 -1
5 1 14 1 4 1 301 2832 127 30 96.471344 correct
5 1 14 1 4 2 450 2831 125 31 96.573196 invoice
5 1 14 1 4 3 597 2831 50 30 96.933006 for
5 1 14 1 4 4 667 2831 56 30 95.695679 the
5 1 14 1 4 5 747 2829 89 32 95.695679 initial
5 1 14 1 4 6 859 2831 80 30 96.110542 term
5 1 14 1 4 7 963 2829 35 30 96.110542 of
5 1 14 1 4 8 1018 2829 62 32 96.181862 this
5 1 14 1 4 9 1104 2829 204 39 96.333572 agreement;
5 1 14 1 4 10 1333 2828 56 31 96.722603 the
5 1 14 1 4 11 1412 2828 69 39 96.048820 City
5 1 14 1 4 12 1504 2835 124 32 96.481239 agrees
5 1 14 1 4 13 1651 2828 32 30 96.060509 to
5 1 14 1 4 14 1707 2835 63 32 96.518410 pay
5 1 14 1 4 15 1792 2826 56 32 96.828415 the
5 1 14 1 4 16 1872 2826 129 41 95.937378 County
5 1 14 1 4 17 2024 2825 214 39 96.041618 $79,992.00.
4 1 14 1 5 0 301 2873 1943 45 -1
5 1 14 1 5 1 301 2879 199 37 96.654793 Thereafter,
5 1 14 1 5 2 526 2879 55 31 96.697159 the
5 1 14 1 5 3 606 2879 68 39 96.841766 City
5 1 14 1 5 4 697 2877 83 32 96.271698 shall
5 1 14 1 5 5 805 2886 63 32 96.271698 pay
5 1 14 1 5 6 892 2877 55 32 96.312881 the
5 1 14 1 5 7 972 2877 129 39 96.522125 County
5 1 14 1 5 8 1125 2877 98 30 96.661171 those
5 1 14 1 5 9 1246 2876 77 31 96.499130 fees
5 1 14 1 5 10 1348 2876 169 40 96.336769 approved
5 1 14 1 5 11 1543 2876 41 39 96.932755 by
5 1 14 1 5 12 1607 2876 55 30 96.496155 the
5 1 14 1 5 13 1687 2874 167 41 96.682747 Maricopa
5 1 14 1 5 14 1879 2874 173 32 96.455742 COUNTY
5 1 14 1 5 15 2078 2874 105 32 96.866234 Board
5 1 14 1 5 16 2208 2873 36 31 96.755791 of
4 1 14 1 6 0 303 2921 1941 46 -1
5 1 14 1 6 1 303 2927 215 40 96.540665 Supervisors
5 1 14 1 6 2 541 2927 28 31 96.887245 in
5 1 14 1 6 3 594 2927 212 30 96.805664 accordance
5 1 14 1 6 4 826 2925 71 32 96.078812 with
5 1 14 1 6 5 922 2934 20 23 96.376663 a
5 1 14 1 6 6 964 2925 139 32 96.374718 formula
5 1 14 1 6 7 1125 2924 186 40 96.813950 developed
5 1 14 1 6 8 1338 2924 39 40 96.779922 by
5 1 14 1 6 9 1399 2924 56 31 95.970238 the
5 1 14 1 6 10 1480 2924 214 39 96.452141 Department
5 1 14 1 6 11 1716 2922 65 32 96.751488 and
5 1 14 1 6 12 1804 2922 56 32 96.600014 the
5 1 14 1 6 13 1884 2922 174 32 96.497978 COUNTY
5 1 14 1 6 14 2081 2922 105 32 96.497978 Office
5 1 14 1 6 15 2210 2921 34 31 96.714264 of
4 1 14 1 7 0 303 2970 1935 44 -1
5 1 14 1 7 1 303 2976 239 38 95.953636 Management
5 1 14 1 7 2 562 2975 65 30 96.250488 and
5 1 14 1 7 3 651 2973 137 39 96.498024 Budget,
5 1 14 1 7 4 813 2973 26 32 96.705002 in
5 1 14 1 7 5 861 2973 213 32 96.195839 accordance
5 1 14 1 7 6 1093 2972 70 31 96.942146 with
5 1 14 1 7 7 1188 2972 105 31 96.145905 Board
5 1 14 1 7 8 1315 2972 35 31 96.258240 of
5 1 14 1 7 9 1369 2970 215 41 96.315178 Supervisors
5 1 14 1 7 10 1608 2970 180 39 96.758018 Budgeting
5 1 14 1 7 11 1810 2970 49 32 96.419899 for
5 1 14 1 7 12 1880 2970 135 32 96.417641 Results
5 1 14 1 7 13 2035 2970 203 36 96.409187 Guidelines,
2 1 15 0 0 0 303 3152 425 72 -1
3 1 15 1 0 0 303 3152 425 72 -1
4 1 15 1 1 0 310 3152 418 25 -1
5 1 15 1 1 1 310 3153 107 24 82.493370 TAS:tas
5 1 15 1 1 2 436 3153 140 24 82.493370 2762926.4
5 1 15 1 1 3 595 3152 133 25 96.729080 8/24/2016
4 1 15 1 2 0 303 3194 249 30 -1
5 1 15 1 2 1 303 3194 104 30 95.964943 PAGE
5 1 15 1 2 2 418 3194 20 28 94.868324 4
5 1 15 1 2 3 451 3194 50 28 94.868324 OF
5 1 15 1 2 4 519 3194 33 28 53.981956 15
2 1 16 0 0 0 2540 1052 10 2182 -1
3 1 16 1 0 0 2540 1052 10 2182 -1
4 1 16 1 1 0 2540 1052 10 2182 -1
5 1 16 1 1 1 2540 1052 10 2182 95.000000
which require full recovery of the COUNTY’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
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 CITY in any State or Federal Court.
D. The COUNTY and CITY 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 27" Avenue
Phoenix, AZ 85009
City of Buckeye:
City of Buckeye Police Department
ATIN: City Manager
530 East Monroe Avenue
Buckeye, Arizona 85326
Copy to:
Scott W. Ruby, City Attorney
Gust Rosenfeld, PLC
One East Washington Street, Suite 1600
Phoenix, Arizona 85004-2553
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.
TAS:tas 2762926.4 8/24/2016
PAGE 5 OF 15
|. 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 CITY OF BUCKEYE
By:
Chairman Jackie A. Meck, Mayor
Attest: ttest:
Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 ef. seq. b he undersigned attorney, who
has determined that it is in proper form and is within the power and au ority granted under the laws of the
State of Arizona.
By:
Attorney for Board of Supervisors City Attorney
TAS:tas 2762926.4 8/24/2016
PAGE 6 OF 15
APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level: Enhanced
2. Service Cost
Fiscal year 2016-2017: $79,992.00
Fiscal year 2017-2018: An amount to be determined pursuant to Section 14 of this
Agreement.
Fiscal year 2017-2018: An amount to be determined pursuant to Section 14 of this
Agreement.
TAS:tas 2762926.4 8/24/2016
PAGE 7 OF 15
APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Buckeye
City Code Chapter 6: Animals, found in Article 6-1-4, Sec. 6-1-5, 6-1-9, 6-1-10, 6-1-14 & 6-1-17 within
the geographic boundaries of Buckeye 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 City of Buckeye.
TAS:tas 2762926.4 8/24/2016
PAGE 8 OF 15
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 no.
OF OPERATION
Normal Operation Hours: Call Center Monday — Sunday Public Line
8:00 a.m. to (602)506-7387
5:00 p.m. except
County Observed
Holidays
Monday ~ Sunday Police Back Line
Limited Operation Hours: Recording 5:00 p.m. to Non-published
10:00 p.m. except
County Observed
Holidays
After hours Operations: Direct Dispatch Police Back Line
Monday-Sunday 10:00 Non-published
p.m. to 8:00 a.m. and
all County Observed
Holidays
TAS:tas 2762926.4 8/24/2016
PAGE 9 OF 15
APPENDIX D -County Observed Holidays include the following marked days:
x New Year’s Day | Washington’s bs Memorial Day C Rosh Veteran’s Day
birthday Hashanah
Martin Luther King x] President’s Day Independence Day O Yom Kippur Thanksgiving Day
JR’s Birthday
Lincoln’s birthday I Good Friday Labor Day Columbus Christmas Day
Day
OTHER
HOLIDAYS:
Day After 0 Floating Holiday — Day Before
‘Thanksgiving Christmas
(specify) (specify)
Cesat Chavez Birthday
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PAGE 10 OF I5
APPENDIX E
City of Buckeye
Chapter 6 - ANIMAL REGULATIONS
Article 6-1 - ANIMAL CONTROL
Sections:
Section 6-1-1 - Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
section 6-1-1, except where the context clearly indicates a different meaning:
A. Animal means any animal of a species that is susceptible to rabies, except man.
B. At
5 1 9 2 1 2 522 1179 96 36 95.112640 large means on or off premises of owner and not under control of owner or a responsible party. Any
animal confined in a suitable enclosure or appropriately and legally restrained shall not be considered to
be at large.
Domestic
5 1 9 3 1 2 642 1332 126 30 93.610771 animal”
5 1 9 3 1 3 783 1339 107 22 96.336151 means
5 1 9 3 1 4 901 1339 38 22 95.990303 an
5 1 9 3 1 5 954 1330 108 29 96.936050 animal
5 1 9 3 1 6 1077 1330 72 37 96.522095 kept
5 1 9 3 1 7 1162 1338 32 21 95.454323 as
5 1 9 3 1 8 1207 1338 16 20 95.454323 a
5 1 9 3 1 9 1237 1332 53 33 95.766853 pet
5 1 9 3 1 10 1302 1329 60 29 96.587646 and
5 1 9 3 1 11 1375 1332 55 26 96.702217 not
5 1 9 3 1 12 1441 1327 149 37 96.809868 primarily
5 1 9 3 1 13 1601 1327 48 29 96.483513 for
5 1 9 3 1 14 1660 1327 163 29 96.432182 economic
5 1 9 3 1 15 1834 1333 161 29 96.198433 purposes.
3 1 9 4 0 0 457 1374 1790 98 -1
4 1 9 4 1 0 459 1374 1788 44 -1
5 1 9 4 1 1 459 1383 231 30 91.513863 Enforcement
agent" means that person appointed by the city manager, or authorized designee, or by the
county pursuant to law, that is responsible for enforcement of the provisions of this article.
Impound means the act of taking or receiving into custody by the enforcement agent or police
department any dog or other animal for the purpose of confinement.
Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps,
harbors or maintains five or more dogs under controlled conditions.
Livestock means meat animals, horses, sheep, goats, swine, mules, and asses.
“Owner" means any person keeping an animal other than livestock for more than six (6) consecutive days.
“Pound” means any establishment authorized for the confinement, maintenance, safekeeping, and
control of dogs or other animals that come into the custody of the enforcement agent or police
department in the performance of his/her official duties.
Rabies
5 1 9 9 1 2 594 1942 183 33 96.426109 quarantine
5 1 9 9 1 3 790 1941 86 29 85.656853 area means any area in which a state of emergency has been declared to exist due to
the occurrence of rabies in animals in or adjacent to this area.
Responsible
5 1 9 10 1 2 687 2043 99 33 94.763908 party means an owner of an animal or any person acting on behalf of an owner.
Stray
5 1 9 11 1 2 572 2094 76 38 93.594902 dog means any dog three (3) months of age or older running at large that is not wearing a valid
license tag.
Vaccination means the administration of an anti-rabies vaccine to animals by a veterinarian.
==
Veterinarian, unless otherwise indicated, means any veterinarian licensed to practice in this state or any
veterinarian employed in this state by a governmental agency.
Veterinary
5 1 9 13 1 2 669 2348 146 34 86.277023 hospital”
5 1 9 13 1 3 835 2357 109 21 96.460564 means
5 1 9 13 1 4 963 2357 59 27 95.761841 any
5 1 9 13 1 5 1041 2346 236 30 96.391029 establishment
5 1 9 13 1 6 1296 2345 149 37 95.933731 operated
5 1 9 13 1 7 1467 2345 38 36 96.931030 by
5 1 9 13 1 8 1524 2354 15 19 96.523117 a
5 1 9 13 1 9 1559 2345 202 28 96.065834 veterinarian
5 1 9 13 1 10 1782 2343 134 29 95.179512 licensed
5 1 9 13 1 11 1935 2346 33 26 96.341232 to
5 1 9 13 1 12 1990 2343 131 36 96.341232 practice
5 1 9 13 1 13 2140 2343 28 27 94.164581 in
5 1 9 13 1 14 2187 2342 60 28 94.164581 this
4 1 9 13 2 0 457 2393 1789 45 -1
5 1 9 13 2 1 457 2405 80 25 96.579491 state
5 1 9 13 2 2 549 2402 69 28 96.579491 that
5 1 9 13 2 3 633 2400 140 38 96.803345 provides
5 1 9 13 2 4 786 2399 110 30 96.941254 clinical
5 1 9 13 2 5 909 2399 137 30 96.924965 facilities
5 1 9 13 2 6 1060 2399 59 28 96.111130 and
5 1 9 13 2 7 1134 2397 114 30 96.801147 houses
5 1 9 13 2 8 1261 2397 128 29 96.165375 animals
5 1 9 13 2 9 1401 2405 33 19 96.643845 or
5 1 9 13 2 10 1447 2396 82 28 96.459579 birds
5 1 9 13 2 11 1540 2396 49 28 96.557106 for
5 1 9 13 2 12 1600 2394 115 35 94.363823 dental,
5 1 9 13 2 13 1729 2394 137 35 96.716843 medical,
5 1 9 13 2 14 1881 2402 35 21 96.687576 or
5 1 9 13 2 15 1927 2393 127 36 96.589699 surgical
5 1 9 13 2 16 2067 2396 179 27 96.421631 treatment.
4 1 9 13 3 0 456 2444 1790 45 -1
5 1 9 13 3 1 456 2456 23 25 96.433060 A
5 1 9 13 3 2 492 2453 173 36 96.433060 veterinary
5 1 9 13 3 3 681 2451 129 36 96.969971 hospital
5 1 9 13 3 4 828 2459 68 28 96.984444 may
5 1 9 13 3 5 912 2450 77 30 96.984688 have
5 1 9 13 3 6 1005 2450 143 36 96.767914 adjacent
5 1 9 13 3 7 1162 2453 34 25 96.957214 to
5 1 9 13 3 8 1212 2450 21 27 96.914993 it
5 1 9 13 3 9 1248 2456 34 21 96.616936 or
5 1 9 13 3 10 1297 2450 28 27 96.451332 in
5 1 9 13 3 11 1341 2448 195 35 96.774536 conjunction
5 1 9 13 3 12 1552 2447 71 28 96.993103 with
5 1 9 13 3 13 1641 2447 29 34 93.871559 it,
5 1 9 13 3 14 1687 2454 34 21 95.682701 or
5 1 9 13 3 15 1737 2454 32 21 95.682701 as
5 1 9 13 3 16 1785 2454 38 20 96.849159 an
5 1 9 13 3 17 1840 2445 125 36 96.640961 integral
5 1 9 13 3 18 1983 2448 68 33 96.920296 part
5 1 9 13 3 19 2065 2444 34 28 94.895515 of
5 1 9 13 3 20 2113 2445 29 33 94.895515 it,
5 1 9 13 3 21 2160 2451 86 29 96.901993 pens,
4 1 9 13 4 0 457 2498 1090 40 -1
5 1 9 13 4 1 457 2502 91 36 93.110786 stalls,
5 1 9 13 4 2 561 2511 101 27 96.757233 cages,
5 1 9 13 4 3 676 2510 33 21 96.938705 or
5 1 9 13 4 4 721 2501 127 30 96.244301 kennels
5 1 9 13 4 5 859 2501 47 28 95.738052 for
5 1 9 13 4 6 918 2501 192 36 95.738052 quarantine,
5 1 9 13 4 7 1123 2499 207 35 96.726479 observation,
5 1 9 13 4 8 1344 2507 33 19 96.711029 or
5 1 9 13 4 9 1390 2498 157 34 96.202118 boarding.
3 1 9 14 0 0 457 2546 1790 142 -1
4 1 9 14 1 0 459 2546 1787 42 -1
5 1 9 14 1 1 459 2553 132 30 93.505455 Vicious
animal” means any animal of the order carnivore that has a propensity to attack, to cause injury,
or to otherwise endanger the safety of human beings or domestic animals without provocation, or that
has been so declared after a hearing before a judge.
(Ord. No. 7-11, 6-21-2011; Ord. No, 04-13, § 1, 5-21-2013)
TAS:tas 2762926.4 8/24/2016
PAGE 11 OF 15
Section 6-1-2 - Powers and Duties of the State Veterinarian and Department of Agriculture
A. The state veterinarian shall designate the type or types of anti-rabies vaccines that may be used for
vaccination of animals, the period of time between vaccination and revaccination and the dosage and
method of administration of the vaccine.
B. The state department of agriculture shall regulate the handling and disposition of animals classed as
livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive
of rabies.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-3 - Powers and Duties of the Department of Health Services
A. The state department of health services shall regulate the handling and disposition of animals other than
livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive
of rabies.
B. The state department of health services may require the enforcement agent to submit a record of all dog
licenses issued and in addition any information deemed necessary to aid in the control of rabies.
{Ord. No. 7-11, 6-21-2011)
Section 6-1-4 - Powers and Duties of Enforcement Agent
A. The enforcement agent shall:
1. Enforce the provisions of this article.
2. Issue citations for the violation of the provisions of this chapter and the rules and regulations
promulgated thereunder. The procedure for the issuance of notices to appear shall be as
provided for peace officers in A.R.S. § 13-3903, except that the enforcement agent shall not
make an arrest before issuing the notice.
3. Be responsible for declaring a rabies quarantine area within area of jurisdiction and for
coordination as necessary between the state veterinarian, the state department of agriculture
and the state department of health services.
B. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-5 - Unlawful Interference with Enforcement Agent
it is unlawful for any person to interfere with the enforcement agent in the performance of his/her duties.
(Ord. No. 7-11, 6-21-2011}
Section 6-1-6 - Administration of Enforcement
The city manager or authorized designee may enter into a contract with Maricopa County Board of Supervisors to
enforce the provisions and perform the requirements of this article.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-9 - Untawful Keeping of Dogs
It is unlawful for a person to keep, harbor, or maintain a dog within the corporate limits of the city except as
provided by the terms of this article.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-10 - Dog Licensing Requirements and Fees
TAS:tas 2762926.4 8/24/2016
PAGE 12 OF 15
Each dog three (3) months of age or over that is kept, harbored or maintained within the corporate limits of the
city for at least thirty (30) consecutive days of each calendar year shall be licensed and fees paid pursuant to the
requirements of A.R.S. §§ 11-1008 and 11-1010.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-11 - Dogs Not Permitted at Large; Wearing License
A. No dog(s) shall be permitted to run at large on public or private property. Any responsible party whose
dog is at large is in violation of this section. A dog is not at large if:
1, The dog is (a) confined within an enclosure on the responsible party's property, (b) secured so
that the dog is confined entirely to the responsible party's property, or (c) restrained by a leash,
chain, rope, or cord of not more than six (6) feet in length and of sufficient strength to control
action of such dog and directly under the control of the responsible party, when not on the
responsible party's property.
2. The dog is used for control of livestock or while being used or trained for hunting or being
exhibited or trained at a kennel club event or while engaged in races approved by the state
racing commission.
3. The dog is actively engaged in dog obedience training, accompanied by and under the control of
its responsible party or trainer, provided that the responsible party or trainer of said dog has in
their possession a dog leash of not more than six (6) feet in length and of sufficient strength to
control said dog, and, further, that said dog is actually enrolled in a dog obedience training
school.
Any dog over the age of three (3) months running at large shall wear a collar or harness to which is
attached a valid license tag. Dogs used for control of livestock or while being used or trained for hunting
or dogs while being exhibited or trained at a kennel club event or dogs while engaged in races approved
by the state racing commission, and such dogs while being transported to and from such events, need not
wear a collar or harness with a valid license attached, provided that they are properly vaccinated, licensed
and controlled. ;
Any dog(s) at large shall be apprehended and impounded by an enforcement agent.
1. The enforcement agent shall have the right to enter upon private property when it shall be
necessary to do so in order to apprehend any dog that has been running at large. Such entrance
upon private property shall be in reasonable pursuit of such dog(s), and shall not include entry
into a domicile unless it be at the invitation of the occupant.
2. The enforcement agent may issue a citation(s} to the responsible party when the dog is at large.
The procedure of the issuance of notice to appear shall be as provided for peace officers in A.R.S.
§ 13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The
issuance of citation(s) pursuant to this article shall be subject to provisions of A.R.S. § 13-3899.
3. In the judgment of the enforcement agent, if any dog at large or other animal that is dangerous,
vicious or fierce and a threat to human safety cannot be safely impounded, it may be
immediately slain.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-12 - Handling of Biting Animals; Responsibility for Reporting Animal Bites; Authority to Destroy
Animals
A. An unvaccinated dog or cat that bites any person or domestic animal shall be confined and quarantined in
an authorized pound or, upon request of and at the expense of the owner, at a veterinary hospital for a
period of not fess than ten (10) days. The quarantine period shall start on the day of the bite incident. if
the day of the bite incident is not known, the quarantine period shall start on the first day of the
impoundment. A dog properly vaccinated pursuant to this article that bites any person or domestic animal
TAS:tas 2762926.4 8/24/2016
PAGE 13 OF 15
may be confined and quarantined at the home of the owner or wherever the dog is harbored and
maintained with the consent of and in a manner prescribed by the enforcement agent.
A dog or cat that is impounded as the result of biting any person or domestic animal shall not be released
from the pound to its owner unless the provisions of A.R.S. § 11-1014(B) are met.
Any domestic animal other than a dog, a cat or a caged or pet rodent or rabbit, that bites any person or
domestic anima! shall be confined and quarantined in an authorized pound or, upon the request of and at
the expense of the owner, at a veterinary hospital for a period of not less than fourteen (14) days,
provided that livestock shall be confined and quarantined for the fourteen (14) day period in a manner
regulated by the state department of agriculture. Caged or pet rodents or rabbits shall not be quarantined
or laboratory tested.
With the exception of a wild rodent or rabbit, any wild animal that bites any person or domestic animal or
directly exposes any person or domestic animal to its saliva may be killed and submitted to the
enforcement agent for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be
submitted for laboratory testing if the animal has bitten a person and either the animal's health or
behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies
epizootic, as determined by the state department of health services.
If an animal bites any person or domestic animal, the incident shall be reported to the enforcement agent
immediately by any person having direct knowledge.
The enforcement agent may destroy any animal confined and quarantined pursuant to this section before
the termination of the minimum confinement period for laboratory examination for rabies if:
1. The animal shows clear clinical signs of rabies.
2. The animal's owner consents to its destruction.
Any animal subject to licensing under state law found without a tag identifying its owner shali be deemed
unowned.
The enforcement agent shall destroy a vicious animal by order of a judge. A judge may issue an order to
destroy a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. A
judge may impose additional procedures and processes to protect all parties in the interest of justice, and
any decision by a judge may be appealed to the superior court.
The owner of a vicious animal shall be responsible for any fees incurred by the enforcement agent for the
impounding, sheltering and disposing of the vicious animal.
(Ord. No. 7-11, 6-21-2011; Ord. No. 04-13, § 2, 5-21-2013)
Section 6-1-13 - Vicious or Dangerous Animals
A. It is unlawful for any person to permit any vicious or dangerous animal of any kind to run at large within
the city, and such animals shall be immediately impounded by the enforcement agent or slain as
authorized by this article.
B. Any member of the city police department or the enforcement agent is authorized to kill any vicious
animal of any kind when it is necessary for the protection of any person, domestic animal or property.
(Ord. No. 7-11, 6-21-2011; Ord. No. 04-13, § 3, 5-21-2013)
Section 6-1-14 - Removing Impounded Animals
It is unlawful for any person to remove or attempt to remove an animal which has been impounded or which is in
the possession of the enforcement agent except in accordance with the provisions of this article.
TAS:tas 2762926.4 8/24/2016
PAGE 14 OF I5
(Ord. No. 7-11, 6-21-2011)
Section 6-1-15 - Kennel Permit; Fee; Violation
A. It is unlawful for a person to operate a kennel within the city without a conditional use permit from the
city community development department and a permit issued by the Maricopa County Board of
Supervisors except if each individual dog is licensed. The city's fee for the conditional use permit shall be
established pursuant to this section.
B. The city council, by resolution, shall adopt fee schedules for the following services or permit:
1, Conditional use permit from the community development department.
2. Any impoundment pursuant to the provisions of this Chapter 6
(Ord. No. 7-11, 6-21-2011)
Section 6-1-16 - Animais; Liability
injury to any person or domestic animal or damage to any property by an animal while at large shall be the full
responsibility of the owner or person or persons responsible for the animal when such damages were inflicted.
{Ord. No. 7-11, 6-21-2011; Ord. No. 04-13, § 4, 5-21-2013)
Section 6-1-17 - Violation; Classification
Any person who fails to comply with the requirements of this chapter, or violates any of its provisions, shall be
guilty of a class one misdemeanor, and upon conviction thereof shall be punished by a base fine not to exceed two
thousand five hundred dollars ($2,500.00) or by imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein
above described.
(Ord. No. 7-11, 6-21-2011)
Section 6-1-17 - Violation; Classification
Any person who fails to comply with the requirements of this chapter, or violates any of its provisions, shall be
guilty of a class one misdemeanor, and upon conviction thereof shall be punished by a base fine not to exceed two
thousand five hundred dollars ($2,500.00) or by imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein
above described.
TAS:tas 2762926.4 8/24/2016
PAGE 15 OF 15
RESOLUTION NO. 61-16
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF BUCKEYE, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT FOR ENHANCED ANIMAL CONTROL SERVICES
BETWEEN THE CITY OF BUCKEYE AND MARICOPA COUNTY; AND
AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER SAID
INTERGOVERMENTAL AGREEMENT.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BUCKEYE, ARIZONA, as follows:
Section 1. The Intergovernmental Agreement for Enhanced Animal Control Services
between the City of Buckeye and Maricopa County (the “Agreement”) is hereby approved in
substantially the form and substance on file with the City Clerk.
Section 2. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to take all steps necessary to cause the execution and delivery of
‘. the Agreement and to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and City C il of the, ity of Buckeye,
Arizona, this 20th day of September, 2016.
(a
Jackie A. Meck, Mayor
ATTEST;
ucinda J. Aja, City Clerk
City Attorney
TAS:TAS 2764185.1 8/24/2016