BUCKEYE CONTRACT.PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEARS 2014 — 2015
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Buckeye
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY AND THE CITY OF BUCKEYE
FOR ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, hereinafter called Agreement, is entered into as of June 3, 2014
between Maricopa County, Arizona, a political subdivision of the State, administered through
Animal Care and Control, hereinafter called COUNTY and the City of Buckeye, Arizona, an
Arizona municipal corporation, hereinafter called CITY. The CITY and the COUNTY are
sometimes referred to collectively, 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 Ariz. Rev. Stat. § § 11-201(A)(3), ii-
952, 11-1005(A)(3).
The CITY and the COUNTY have budgeted funds to carry out the obligations under this
Agreement.
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.
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
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consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
GENERAL PROVISIONS
1. Term:
This Agreement is effective as of July 1, 2013 and shall remain in full force and effect until June
30, 2015 (the "Initial Term"), unless otherwise terminated as otherwise provided in this Agreement.
After the expiration of the Initial Term, this Agreement may be renewed for up to three successive
one-year terms (each a "Renewal Term") if (A) it is deemed in the best interest of the CITY,
subject to the availability and appropriation of funds for renewal in each subsequent year, (B) at
least 30 days prior to the end of the then current term of the Agreement, either Party request in
writing to extend the Agreement for an additional one-year term and (C) the City approves the
additional one-year term in writing (including any price adjustments as provided in section 13)
as evidenced by the City Manager's signature thereon. The Initial Term and any Renewal
Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and
conditions of this Agreement shall remain in full force and effect.
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
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.
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 thirty (30) calendar days notice to the other Party. Notice shall be given as provided in
section 15 (13).
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6. Default:
If either Party fails to perform any obligation pursuant to this Agreement and such
Party fails to cure its nonperformance within 30 days after notice of nonperformance is given by
the non-defaulting Party, such Party will be in default. In the event of such default, the non-
defaulting Party may terminate this Agreement immediately and the obligations hereunder shall
cease. If the nature of the defaulting Party's nonperformance is such that it cannot reasonably be
cured within 30 days, then the defaulting Party will have such additional periods of time as may
be reasonably necessary under the circumstances, provided the defaulting Party immediately (A)
provides written notice to the non-defaulting Party and (B) commences to cure its
nonperformance and thereafter diligently continues to completion the cure of its
nonperformance. In no event shall any such cure period exceed 30 days.
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.
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To the extent permitted by law, the CITY 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, 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 COUNTY Board of Supervisors, and identified on Appendix A, "Compensation
Schedule" Attached hereto. For the Fiscal year beginning July 1, 2013 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. The total aggregate amount paid to the
COUNTY for the services under this Agreement shall not exceed $500,000.
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,
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certified or registered mail, return-receipt-requested, addressed to:
County: Maricopa County Animal Care and Control
ATTN: Rodrigo Silva, Assistant County Manager
2500 South 27th Avenue
Phoenix, Arizona 85009
City: City of Buckeye Police Department
ATTN: Stephen Cleveland, City Manager
530 East Monroe Avenue
Buckeye, Arizona 85326
With copy to: Gust Rosenfeld, P.L.C.
ATTN: Scott W. Ruby, Esq.
One East Washington Street, Suite 1600
Phoenix, Arizona 85004
D. 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.
E. This Agreement shall be construed in accordance with the law of the State of
Arizona.
F. 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.
G. 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.
H. Both Parties are obligation only to pay its obligations set forth in this Agreement
as may lawfully be made from funds appropriated and budgeted for that purpose during each
Party's then current fiscal year. The obligations under this Agreement are current expenses of
the Parties subject to the "budget law" and the unfettered legislative decision of the Parties
concerning budgeted purposes and appropriation of funds. Should either Party elect not to
appropriate and budget funds to pay its obligations under this Agreement, this Agreement shall
be deemed terminated at the end of the then current fiscal year term for which such funds were
appropriated and budgeted for such purpose and the Parties shall be relieved of any subsequent
obligation under this Agreement. The Parties agree that neither Party has any obligation or duty
of good faith to budget or appropriate the payment of its obligations set forth in this Agreement
in any budget in any fiscal year other than the fiscal year in which this Agreement is executed
and delivered. Each Party shall be the sole judge and authority in determining the availability of
funds for its obligations under this Agreement. Each Party shall keep the other Party informed
as to the availability of funds for this Agreement. The obligation of either Party to make any
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payment pursuant to this Agreement is not a general obligation or indebtedness of said Party.
The Parties hereby waive any and all rights to bring any claim against the other Party from or
relating in any way to the termination of this Agreement pursuant to this subsection 15(H).
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date and year first set forth above.
"City" "County"
CITY OF BUCKEYE MARICOPA COUNTY
Stephen tieveland, City Manager e„ 1 r AUL vt.. 0.4-01 5frrs
Date Date
ATTEST: ATTEST:
in .a J. Aja, City Cler , County Clerk
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned City
Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their
respective clients and (ii) as to their respective clients only, each attorney has determined that
this Agreement is in proper form and is within the powers and authority granted under the laws
of the State of Arizona.
.sfP Scott W. Ruby, City Attorne , County Attorney
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APPENDIX A
COMPENSATION SCHEDULE Field Enforcement
1. COUNTY Service Level: Basic
2. Minimum Staffing: Adequate to respond to approximately 90% of Service Area
3. Service Cost
Fiscal Year 2013-2014 $79,992
Fiscal Year 2014-2015 $79,992
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. ,
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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 - 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
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.
Emergency Response Third Shift 3 hours
Imminent danger stray bite dog at large in process of attacking people.
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 Animal Control
Ordinance: all provisions in the Buckeye City Code Chapter 6: Animals, found in Sec. 6-1-4, 6-
1-5, 6-1-9,6-1-10, 6-1-11, 6-1-14 & 6-1-17.
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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APPENDIX B
Service Level Response Time Matrix
Service Level Hours Phone Priority
Schedule 1 & 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 Ito 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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canvassing and reports events
Appearance
License Administrative jurisdiction delivery Neighborhood community
aipproval Court or
contract trap pickup Home capture of
and neighborhood permits animal or from dog
Community requested sweeps Kennel inspections Live delivery Release Quarantine Chemical stray
appointment
Other by animal second follow- vaccination compliance
0- or license bite up Quarantine check
Priority 24 hours Vicious petition Rabies check Animal investigations follow sequence Bite health up Rabies license check
List
B Priority violator complaint check
APPENDIX Contract 4 law dog Area 3
Priority hours Leash Stray large.
Service 6 at
other traffic not dog follow on in of
3 assist auto safety police stray or home. bite case confined grounds complaint will location
Priority hours Agency than police Dog in public concern responding Confined business private Animal investigation to open Dog school threat Animal progress: constituent provide
5 at up No dog
animal stray
imminent trap health animal injured health animal
2 hazard in to to
Priority hours Aggressive large safety Animal imminent danger Sick or imminent danger
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1 or needs police/fire/animal officer bite hazard at in
Priority hour Officer assistance control Animal large safety Animal school (school NIi2;n112
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