IGA BETWEEN MARICOPA COUNTY AND THE CITY OF PHOENIX.PDF

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INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2017-2021
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Phoenix
PAGE 1 OF 11

AGREEMENT FOR ANIMAL CONTROL SERVICES
This intergovernmental agreement, hereinafter called “Agreement”, is entered into by and between Maricopa
County, hereinafter called “COUNTY” and the City of Phoenix, hereinafter called “CITY/TOWN”, and
hereinafter referred to jointly as the “Parties” and singularly as a “Party”.
The COUNTY maintains facilities, equipment, and trained personnel for the maintenance, control, and
impoundment and destruction of unclaimed or vicious dogs and cats, including vaccination and licensing of
dogs, and rabies control, and administration of an animal ordinance offender diversion program.
The Parties are 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 deemed to exist or to bind the Parties.
Nothing in this Agreement shall be construed as a consent to any suit or waiver of any defense in a suit
brought against the State of Arizona, the COUNTY, or the CITY/TOWN in any State or Federal Court.
GENERAL PROVISIONS
41. Term:
Upon its execution by the Parties, this Agreement is effective from July 1, 2016 through June 30, 2021. Any
modification or amendment to this Agreement shall be approved by the Parties in writing.
2. 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 the Parties.
3. Termination:
Either Party may, with or without cause, terminate this Agreement by giving the other Party one hundred
eighty (180) 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.
4. 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 insuranc® requirement.
PAGE 2 OF I1

5. 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.
6. Default:
In the event of non-payment by CITY/TOWN as required pursuant to the Agreement terms, this Agreement
shall be terminated and COUNTY obligations hereunder shall immediately cease.
7. COUNTY Reporting Obligations:
COUNTY shall provide CITY/TOWN with quarterly routine statistical and/or management reports normally
prepared by Maricopa County Animal Care & Control hereby referred to as the “Department” concerning the
services provided pursuant to this Agreement.
8. Amendments to Ordinances:
CITY/TOWN shall not amend or repeal its ordinances related to companion animals without giving
COUNTY one hundred eighty (180) days written notice prior to implementing any changes. COUNTY
may decline to enforce ordinance changes or may require additional compensation for enforcement.
9. 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.
10. Indemnification:
To the extent permitted by law, the COUNTY and the Department does hereby covenant and agree to
indemnify, defend and hold harmless the CITY/TOWN, 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 and the Department, 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 CITY/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 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 CITY/TOWN, 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
11. Services:
The COUNTY agrees to provide the field enforcement services described in Appendix B, including
administration of portions of the Animal Ordnance Offender Diversion Program for Dog at Large (DAL) code
violations, as indicated in Appendix C,.
PAGE 3 OF 11

12. Payment for Services:
The CITY/TOWN agrees to pay the COUNTY for services performed under this Agreement in accordance
with Appendix A of this Agreement as may be amended. This Agreement will be financed by the
CITY/TOWN ’s general fund. The annual amounts due for each fiscal year shall be paid quarterly on
August 18, November 1“, February 1%, and May 1°.
13. Pricing:
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 July 1, 2016, and each subsequent fiscal year during the term of this Agreement, the
COUNTY will notify the CITY/TOWN by April 1 of the fee Compensation Schedule for services requested
and provided under this Agreement for the following fiscal year. Fees for services shall be prepared 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 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.
14. 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.
PAGE 4 OF 11

IN WITNESS WHEREOF, the parties enter into this Agreement
MARICOPA COUNTY
BOARD OF SUPERVISORS City of Phoenix
By: By;
Chairman be ity Manager —
Attest: Attest:
Clerk of the Board CITY Clerk V
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it is in proper form and is within the power and authority granted under the laws of the
State of Arizona.
va |
at
By: ay = \ (utes
/
Deputy COUNTY Attorney ACTING [ory atiainey
ZiUC
PAGE 5 OF 11

APPENDIX A
COMPENSATION SCHEDULE Field Enforcement
1. COUNTY Service Level: Basic
2. Minimum Staffing: Adequate to respond to approximately 90-92% of Service Area
3: Service Cost
Fiscal Year 2016-17 $ 2,473,088
Fiscal Year 2017-18 $ 2,547,281
Fiscal Year 2018-19 $ 2,623,699
Fiscal Year 2019-20 $ 2,702,410
Fiscal Year 2020-21 $ 2,783,482
PAGE 6 OF 11

APPENDIX B
SERVICES
1. Response Time. The County shall arrive at the scene of an animal control incident in
accordance with the schedule listed below :
Schedule 1-—7:00 a.m. to 10:00 p.m.
Priority 1 - Police/fire/ bite animal at large 1 hour
Priority 2 - School in session on property 2 hours
Priority 3 - impound stray dogs
Quarantine and investigate dog, cat
and bat bites to human victims 5 hours
Priority 4 - Enforce license/leash law 6 hours
Priorities 3 and 4, received after the public call center closes (5p.m.), the
response time will carry over until the next normally scheduled work shift.
Schedule 2 — 10:00 p.m. to 7: 00 a.m.
Priority 1 - Public Safety Imminent Danger
Aggressive Dog at Large 3 hours
2. Ordinance. Within the CITY/TOWN, the COUNTY shall be responsible for and
enforce rabies/animal control in accordance with the following sections of the
CITY/TOWN Rabies/Animal Contro! Ordinance: Chapter 8 — Animais; Article III:
Dogs and Vicious Animals, Sections 8-11 through 8-20;.
3. Hours of Operation. The County shail operate a call center from 8 a.m. to 5
p.m. seven days a week, excluding observed County Holidays: Thanksgiving and |
Christmas. County shall provide Schedule 1 dispatch coverage from 7:00 a.m. |
until 10:00 p.m. seven days a week, excluding observed County Holidays. The |
County may close one day a year for all-hands training set on Columbus Day. |
The County shall provide on-call services Schedule 2, Priority 1 response |
services from 10:00 p.m. until 7:00 a.m. seven days a week, The County shall
provide Schedule 2, Priority 1 response services from 12:00 a.m. until 11:59 p.m.
on all observed County Holidays and the all-hands training day.
PAGE 7 OF 11

Service Level Contact Matrix
Service Level Hours Phone Priority
Schedule 1 & 2
Schedule 1 8a.m. to 5:p.m. 602-506-7387 1 to4andO
Normal Operating Hours Call Center
Public
Schedule 1 5p.m. to 10p.m. 602-506-7387 1 to 4 and O
Limited Service Recording
Schedule 2 Sp.m. to 10p.m. 602-506-1309 I to3
Emergency Public Safety Dispatch Direct
Limited Service (non-public line)
Schedule 2 10p.m. to 8a.m. 602-506-1309 1
Emergency Public Safety Dispatch Direct
Imminent Danger (non-public line)
PAGE 8 OF I]

Non-Animal Control Contract Items: City of Phoenix Resource Allocation
Function Category Agency
Barking Dog Disturbance of peace City of Phoenix
Dead Animal Public road way private contract City of Phoenix Public
Works
Animal Cruelty Police jurisdiction City Police and Arizona
Neglect Humane
Sick Injured Animals | Private contract Arizona Humane Society
Abandoned Animals | Land Lord/property owner/dog owner | Phoenix Police Department
on private property
Misc Police Dog owner arrested. Phoenix Police Department
Activities Dogs on private property confined on
private property.
Auto accident owned dog in car.
Dog left in hot car.
Police investigation of crime scene
owned dogs on property.
Welfare check person died.
Mental illness admitted
Owned dogs confined to property in
dog fight.
Dogs left in hotel or motel.
Wildlife State jurisdiction Arizona Game & Fish
Feral Cat No Ordinance Private Organization
Livestock State Jurisdiction Arizona Livestock
Bees No ordinance Phoenix Fire
Dogs off leash with Animal Control based on priority and =| Animal Control
owner at Municipal public safety risk. Does not include
Park or Golf Course general enforcement of owners
violating off leash ordinance in parks.
Exotic Dangerous No Ordinance Phoenix Police
Animals
PAGE 9 OF 11

Service Contract Priority List
Priority 1 _ - oe Priority Priority O - Other
1 hour or Adi de aia’ 2 4 24 hours or by appointment and contract
less 6 hours approval
Officer needs | Aggressive | Agency Leash Vicious Community License
assistance: animal at assist other | law animal requested canvassing.
police/fire/ large than PD/ violator petition neighborhood
animal control | imminent | Fire/ACO
sweeps.
officer. safety
hazard.
Animal bite Animalin | Doginauto | Stray Rabies Kennel Administrative
running at trap traffic public | dog license permit and
large / imminent | safety complaint | Check. inspections. jurisdiction
imminent health concern at large. reports.
safety hazard. | danger to | police not Area
animal responding | check.
Animal at Sick or Confined Animal bite Live animal Court
large on injured stray dog at investigations | trap delivery | Appearance
school stray business or follow up or pickup. or delivery
grounds. imminent | private second
(school in health home. sequence.
session) danger to
animal
Priority 1 Animal bite Bite Release from | Neighborhood
Third shift investigation Quarantine Home community
imminent follow up to health check | Quarantine. events
Danger open case follow-up.
Bite dog at
large Police
Officer bit or
Standing by
for
assistance
with
aggressive
dog at large.
Dog Rabies Chemical Bite
confined on vaccination capture of prevention
school license stray dog training for
grounds. compliance City staff (not
No threat. check to exceed 4
per year)
Animal
complaint in
progress:
constituent
will location
of dog.
PAGE 10 OF 11

Appendix C
Animal Ordinance Offender Diversion Program for Dog at Large (DAL)
Intro Purpose Dog owners charged with dog at large (DAL) or other animal code
violations in the City of Phoenix who meet the criteria set by the
Prosecutor’s Office and Animal Control will be eligible for the DAL. Once a
criminal charge has been filed, the defendant (if eligible) will be given an
opportunity to enroll in the DAL. The defendant will enroll in the diversion
program by signing a plea agreement and admitting guilt. Upon successful
completion of the diversion program a motion to dismiss will be filed to
dismiss the charges. If the defendant does not successfully complete the
diversion program, a motion to enter judgment and execute sentence will be
filed. The defendant will then serve the sentence specified by the signed
plea agreement. The program may also be offered to defendants who have
been found guilty and are ordered by the court to complete the program.
Administration | The Diversion Unit of the City of Phoenix Prosecutor’s Office administers
and monitors the program.
The Enforcement Division of Maricopa County Animal Care & Control
administers the classroom diversion program.
Program a. Stop animal code violators who are referred for typical but serious
objectives infractions, that create a public safety hazard or a continued pet problem
to a neighborhood;
b. Diverting from the court system eligible defendants charged with animal
violations without incurring a criminal conviction on their record;
c. Ensuring that the County incorporates the most current animal related
ordinances and tips on proper responsible care of pets;
d. Ensuring that the eligible defendants are held accountable for their
actions by paying a fee to the program and completing program
requirements;
e. Providing education to defendants who have been found guilty and are
ordered by the court to complete the program.
Program Class Resembling an after-school rehabilitation program, the class is a three- to
four-hour session. Pet owners who attend are those who have been charged
or found guilty of violating an animal code, such as letting a dog run at
large, failure to license, or failing to provide an animal with adequate shelter.
Offenders hear about the history and purpose of animal-related ordinances;
the liability & economic impact of bite injury; and receive tips on proper
care of pets. In addition, people are informed that their animals need
vaccinations or that subsidized sterilization options even exist.
Location and Location and hours will adhere with the requirements of the City Prosecutors
Hours Office with relationship to demand levels; adjustments may be made as the
program develops.
Program County Services may include but not be limited to established diversion
Requirements program standards.
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