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INTERGOVERNMENTAL
AGREEMENT
C2013-115
FISCAL YEARS 2014-2018
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Tempe
PAGE 1 OF 10
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 Tempe,
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.
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 Tempe 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 basic animal control services.
It is beneficial to the CITY to receive basic 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 90% 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 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 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 prior written amendment, duly
executed by both Parties.
PAGE 2 OF 10
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 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.
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 capa City 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
PAGE 3 OF 10
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, 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.
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:
PAGE 4 OF 10
Rodrigo Silva, Assistant County Manager
Maricopa County Animal Care and Control
2500 S. 27th Avenue
Phoenix, AZ 85009
City of Tempe:
Tempe Police Department
Attn: Miyoung Kim, OMBR
120 E. 5th Street
Tempe, AZ 85281
PAGE 5 OF 10
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.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS CITY OF TEMPE
By: By:
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Chairman Mark W. Mitchell, Mayor
Attest: Attest:
---
Clerk of the Board Brigitta t Kuiper, 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.
Attorney for Board of Supervisors Judith R. Baumann, City Attorney
PAGE 6 OF 10
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 $145,753
Fiscal Year 2014-2015 An amount to be determined pursuant to Section 13 of this
Agreement.
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.
PAGE 7 OF 10
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
Dangerous dog on school ground
Priority 2 - Aggressive dog at large, sick/injured 2 hours
Priority 3 - Impound stray dogs
Quarantine and investigate dog
bites to human victims, 5 hours
citizen contact requested.
Priority 4 - Enforce license/leash law stray 6 hours
Area check, nuisance stray dog
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.
(See detail summary page Appendix B)
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
Tempe City Code Chapter 6: Animals, Article I, Sec.6-1, 6-23, 6-26 (a), 6-27, 6-28, 6-30.
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 10
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 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)
PAGE 9 OF 10
APPENDIX B
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 assist Leash law Vicious animal Community License canvassing.
assistance: animal at large other than violator petition requested
policeffire/animal imminent police neighborhood
control officer. safety hazard. Sweeps.
Animal bite running at Animal in trap Dog in auto Stray dog Rabies license Kennel Administrative and
large imminent safety imminent traffic public complaint at Check. permits jurisdiction reports.
hazard. health danger safety concern large. Area inspections.
to animal police not check.
responding
Animal at large on Sick or injured Confined stray Animal bite Live animal Court Appearance or
school grounds. (school stray dog at investigations trap delivery delivery
in session) imminent business or follow up or pickup.
health danger private home. second
to animal sequence.
Animal bite Bite Release from Neighborhood
investigation Quarantine Home community events
follow up to health check Quarantine.
open case follow-up.
Dog confined Rabies Chemical
on school vaccination capture of
grounds. license stray dog
No threat. compliance
check
Animal
complaint in
progress:
constituent
will provide
location of
dog.
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