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INTERGOVERNMENTAL AGREEMENT FISCAL YEARS 2014-2018 AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN Maricopa County And The Town of Cave Creek PAGE 1 OF 8 "1/47 A t"ITIOGRA=•IT ENIG • U%/1% 0/115 ruvlivirm- A AURA Al .0%0111 riNAITC1r11 I IfW1.. ..:01.1`I 0C131/1/".00 V 1‘..1-*3 This agreement is entered into by and between Maricopa County, hereinafter called COUNTY and the Town of Cave Creek hereinafter called CITY/TOWN hereinafter collectively referred to as the "Parties". 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 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 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/TOWN in any State or Federal Court. GENERAL PROVISIONS 1. Term: Upon its execution by both Parties this agreement is effective from July 1, 2013 through June 30, 2018. Any modification or amendment to the terms and conditions of this agreement shall be approved by both Parties in writing. Pursuant to A.R.S. § 11-952(G) this Agreement shall be filed with the COUNTY Recorder. 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 both 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 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 PAGE 2 OF 8 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. 6. Default: In the event of non-payment by CITY/TOWN this Contract 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 services indicated in Appendix B, Services. PAGE 3 OF 8 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 l st, November 1 st, February 1 st, and May 1 st. 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, 2013 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. 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. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, all Parties hereby warrant, and represent that they do not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran. C. 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: Rodrigo Silva, Assistant County Manager Maricopa County Animal Care and Control 2500 S. 27th Avenue Phoenix, AZ 85009 PAGE 4 OF 8 Town of Cave Creek: Carrie Dyrek Town of Cave Creek 37622 N. Cave Creek Rd Cave Creek, AZ 85331 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. PAGE 5 OF 8 IN WITNESS WHEREOF, the parties enter into this Agreement: MARICOPA COUNTY BOARD OF SUPERVISORS Town of Cave Creek By: Chairman 'Mayor Attest: Attest: Clerk of the Board 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: \4)1.) Aftomey for the County CITY/TOW Ni Aftomey rproved by the Town Council at ILE:1r meeting had on: PAGE 6 OF 8 APPENDIX A COMPENSATION SCHEDULE 1. COUNTY Service Level: Basic 2. Service Cost $6,260 PAGE 7 OF 8 APPENDIX B SERVICES 1. 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 Control Ordinance: Chapter 90- Animals Sections 90.01 Definitions Sections 90-10, 90.14, 90.16 2. 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 - Im pound 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. 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. PAGE 8 OF 8