GOODYEAR CONTRACT - OCT 2014.PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2015-2018
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Goodyear
AGREEMENT FOR ANIMAL CONTROL SERVICES
This intergovernmental agreement, hereinafter called Agreement, is entered into by and between Maricopa
County, administered through Animal Care and Control, hereinafter called COUNTY and the City of
Goodyear, hereinafter called CITY hereinafter collectively referred to as the "Parties" and individually as a
"Party.
RECITALS
The COUNTY maintains facilities, equipment, and trained personnel for the maintenance, control, and
impoundment and/or destruction of unclaimed or vicious dogs and cats including vaccination and licensing of
dogs, and rabies control; and administration of 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)
and the Goodyear City Charter, Article I, Section 3.
The CITY is in need of the animal control services provided by COUNTY for dogs as set forth in Appendix B
(Services") and desires to enter into this contract for enhanced animal control services.
It is beneficial to the CITY to receive enhanced services as it will ensure that animal control will provide the
CITY with priority service in response to calls and that animal control will respond to 100% of the calls for
service generated by the City as provided in this Agreement.
The CITY and COUNTY desire to enter into this Agreement to establish the Parties' rights and
responsibilities with respect to the Services.
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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. 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 in any State or Federal
Court.
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. Term:
Upon its execution by both Parties, the term of this Agreement shall commence on July 1, 2014, as
stated on the cover page of this Agreement through June 30, 2018, 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.
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 prior written amendment, duly
executed by both Parties.
3. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party thirty (30) 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.
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 insurance requirement.
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. Notice shall be given as provided in section 15 (C),
6. Default:
In the event of non-payment by CITY this Contract shall be terminated and COUNTY obligations hereunder
shall immediately cease.
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7. 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.
8. Amendments to Ordinances:
Should the CITY amend or repeal its ordinances during the term of this Agreement, the COUNTY may
decline to enforce ordinance changes or may require a modification in compensation for enforcement, if
the changes to the ordinance(s) result in amending or modifying the services to be provided by COUNTY
under this Agreement.
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, 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 does hereby covenant and agree to indemnify, defend and hold
harmless the COUNTY its officers, employees, coritractees 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, its officers, employees, 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.
12. Payment for Services:
The CITY 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 CITY will submit payment to COUNTY within 30 days of receiving of a
correct invoice.
13. Pricing:
Fees for services provided under this Agreement will be those currently approved by the Maricopa
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COUNTY Board of Supervisors, and identified on Appendix A, "Compensation Schedule" Attached hereto.
For the Fiscal year beginning July 1, 2014 and each subsequent fiscal year during the term of this
Agreement, the COUNTY will notify the CITY 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.
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.
15. General Provision
A. The COUNTY and CITY warrant they are in compliance with the provisions in A.R.S. §41-
4401 (e-verify).
B. 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:
To County:
Dr. Rodrigo Silva, Assistant County Manager
2500 S. 27th Avenue
Phoenix, AZ 85009
City of Goodyear:
To City:
Jerry Geier, Chief of Police
175N. 145th Ave, Bldg E
Goodyear, AZ 85338
Copy to:
Roric Massey, City Attorney
City of Goodyear
190 N. Litchfield Road
Goodyear, AZ 85338
C. 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.
D. This Agreement shall be construed in accordance with the law of the State of Arizona.
E. Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
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regulations, standards, and codes of the Federal and State whether or not specifically
referenced herein.
F. 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 GOODYEAR
By: By:
35-1
Chairman Brian DaIke, City a ager
Attest: Attest:
via,e,a61,1642#-
Clerk of the Board Maureen Scott, City Clerk
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.
By: By: J g44_4r.rrt,
Deputy COUNTY Attorney CITY Attorney
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APPENDIX A
COMPENSATION SCHEDULE Field Enforcement
1. COUNTY Service Level: Enhanced
2. Minimum Staffing: Adequate to respond to approximately 100% of calls for service.
3. Service Cost
Fiscal Year 2014-2015 $51,700.00
Fiscal Year 2015-2016 An amount to be determined pursuant to Section 13 of this
Agreement.
Fiscal Year 2016-2017 An amount to be determined pursuant to Section 13 of this
Agreement.
Fiscal year 2017-2018 An amount to be determined pursuant to Section 13 of this
Agreement.
END OF APPENDIX A
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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 - Policelfire/ 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.
Third Shift and Holiday 3 hours
Priority 1 — Police/fire/ bite animal at large.
2. Ordinance. Within the CITY the COUNTY shall be responsible for and enforce rabies/animal
control in accordance with the following sections of the CITY Rabies/Animal Control Ordinance: all
provisions in the Goodyear City Code of Ordinances, Chapter 7: Animals, found in
Article 7-1 Rules and Regulations
Article 7-2 Rabies/Animal Control Leash Law
Article 7-4 Animals at Large
3. Hours of Operation. The COUNTY shall 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 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.
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.ervice Level Response Time Matrix
Service Level Hours Phone Priority
Schedule 'I & 2
Schedule 1 8a.m. to 5:p.m. 602-506-7387 1 to 4 and 0
Normal Operating Hours Public Call Center
Schedule 1 5p.m. to 10p.m. 602-506-7387 1 to 4 and 0
Limited Service Recording
Schedule 2 5p.m. to 10p.m. 602-506-1309 1 to 3
Emergency Public Safety Dispatch Direct
Limited Service (non-public line)
Schedule 2 Third Shift 10p.m. to 7a.m. 602-506-1309 Emergency
Emergency Public Safety Dispatch Direct
Imminent Danger (non-public line)
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Service Contract Priority List
Priority 1 Priority 2 Priority 3 Priority 4 Priority 0 - Other
1 hour or less 2 hours 5 hours 6 hours 24 hours or by appointment and contract
approval
Officer needs Aggressive Agency Leash law Vicious Comnounit License
assistance: animal at assist other violator animal y canvassing.
police/fire/animal large than police petition requested
control officer. imminent neighborh
safety ood
hazard. sweeps.
Animal bite Animal in Dog in auto Stray dog Rabies Kennel Administrative
running at large trap traffic complaint license permits and jurisdiction
imminent safety imminent public at large. Check. inspection reports.
hazard. health safety Area check. s.
danger to concern
animal police not
responding
Animal at large on Sick or Confined Animal bite Live animal Court
school grounds. injured stray dog at investigatio trap Appearance or
(school in stray business or ns follow delivery or delivery
session) imminent private up second pickup.
health home. sequence.
danger to
animal
Animal bite Bite Release Neighborhood
investigatio Quarantine from Home community
n follow up health Quarantine events
to open check
case follow-up.
Dog Rabies Chemical
confined on vaccination capture of
school license stray dog
grounds. compliance
No threat. check
Animal
complaint
in
progress:
constituent
will
location of
dog.
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