COP_156727--_0_MCACC_ENFORCEMENT_SERVICES_(CITY AND ATTY SIGNED).PDF
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City of Phoenix IGA
INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY ANIMAL CONTROL SERVICES
BETWEEN
MARICOPA COUNTY
[Administered by its Animal Care & Control Department]
and
THE CITY OF PHOENIX
156727--0
THIS INTERGOVERNMENTAL AGREEMENT
Animal
Control Services is entered by and between Maricopa County, a political subdivision of the State
of Arizona, administered by its Animal Care & Control Department
(collectively
County CITY OF PHOENIX
City
State of Arizona. The County and City
In consideration of the following, the Parties agree as follows:
1.0
PURPOSE:
responsibilities regarding the
provision of Animal Control Services to the City.
The City needs Animal Control Services and desires to enter into this Agreement with the
County to appoint the County as the statutory Enforcement Agent for the City to administer
Animal Control Services, as defined in this Agreement.
2.0
AUTHORITY
2.1
Arizona Revised Statutes
§ 11-952 and 11-1013 authorize the County
and City, as public agencies, to enter IGAs for joint cooperative action, which
includes animal control services;
2.2
A.R.S. § 11-251(47) authorizes the County to make and enforce ordinances for the
protection and disposition of Domestic Animals subject to inhumane, unhealthful,
or dangerous conditions or circumstances;
2.3
A.R.S. § 11-1005(A)(3) and County Ordinance No. P-13, Rabies/Animal Control
County Ordinance No. P-
the City to enforce the provisions of any City ordinance enacted for the control of
dogs if the provisions are not specific to breed;
2.4 A.R.S. § 11-
of the County;
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City of Phoenix IGA
2.5
Pursuant to A.R.S. § 11-1005(A)(1), the BOS has designated MCACC as the
County
A.R.S. § 11-1007
authorizes the County enforcement agent to carry out its duties; and,
2.6
The City is empowered by Chapter 2, § 2 of the City of Phoenix Charter to enter
into this Agreement and by action of its City Council has been authorized to enter
into this Agreement and has authorized the undersigned to execute this Agreement
on behalf of the City.
3.0
TERM: This Agreement is effective on July 1, 2022 (
June 30, 2027
4.0
RENEWAL: The Parties may renew this Agreement up to two successive twelve-month
terms as many times as desirable, but each extension may not exceed the duration of the
5.0 AMENDMENTS: Nothing in this Agreement may be modified or waived except by prior
written amendment, duly executed by authorized signers for Parties. The Parties may renew
or amend this Agreement upon the mutual written agreement signed by authorized signers
for the Parties.
6.0
DEFINITIONS
6.1
The Definitions at A.R.S. § 11-1001 and City Code § Chapter 8 are hereby
incorporated into this Agreement and shall be capitalized when used in this
Agreement. In the event the County and City definitions conflict, the County
definitions shall control. Additionally, the following terms are used in this
Agreement.
6.2
Aggressive Dog: Any dog that has bitten a person or domestic animal without
provocation or that has a known history of attacking persons or domestic animals
without provocation.
6.3
Animal: Refers to dogs but may also include cats that have bitten a human.
6.4
Animal At-Large: A dog that is not contained by an enclosure or physically
restrained by a leash.
6.5
Animal Control Ordinance: Laws set forth by A.R.S. Title 11, ordinances adopted
by Maricopa County for unincorporated Maricopa County, and ordinances adopted
by City contracted with County to provide Animal Control Services.
6.6
Animal Control Facilities: Refers to the County Animal Pounds established
pursuant to A.R.S. § 11-1013.
6.7
Animal Control Services: Services provided by County that have been contracted
and approved by the City and the County. Animal Control Services includes the
following services performed within the response periods prescribed in Appendix B:
6.7.1
control or impound of Animals (dogs) At-Large;
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City of Phoenix IGA
6.7.2
enforcement of licensing and rabies vaccination laws and ordinances; and
6.7.3
rabies surveillance and impound of Animals who have bitten a human.
6.8
Bite Animal At-Large: An Animal that has bitten a human.
6.9
Confined Stray: Any dog that has been found roaming at large and the primary finder
has taken into their private home or business for the purpose of confinement at the
County Pound.
6.10 County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.
6.11 Domestic Animal: As defined at A.R.S. § 11-251(47), an animal kept as a pet and
not primarily for economic purposes.
6.12 Enforcement Agent: As defined at A.R.S. § 11-1001(4), the person in each County
who is responsible for the enforcement of the animal control statutes and any rules
adopted pursuant to those statutes.
6.13 Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven (7) days a
week except County Observed Holidays. Restricted access available to police and
fire needing assistance with Priority 1 activities. Not intended for general public
access. Communication police line is direct service dispatcher to dispatcher.
6.14 Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a
week except County Observed Holidays.
6.15 Owner: As defined in A.R.S. § 11-1001(10), any person keeping an animal other than
livestock for more than six consecutive days.
6.16 Priority 1 Dispatch: Request for service from the police or fire departments or
calls from the public involving a Bite Animal At-Large.
6.17 Priority 2 Dispatch: Request for service involving an Animal At-Large on school
property while school is in session, Aggressive Dog(s), or, if the dog is reported to
have any type of injury or sickness, Stray Dogs in imminent harm. May include
lower level calls for service that require immediate attention based on the situation.
6.18 Priority 3 Dispatch: Request for service to impound stray dogs confined by the
primary finder, at a private home or business or bite cases that have not just
occurred to investigate and/or advise quarantine.
6.19 Priority 4 Dispatch: Request for service to enforce license or leash laws. The
location of the dog and dog owner is known, and a violation witnessed and reported
for investigation of leash law.
6.20 Primary Finder: Person who has located and confined a stray dog and has taken
the dog into their private home or business for purposes of confinement at County
Animal Control Facilities.
6.21 Response Time: The time within which the County will respond to a call for
service which varies based on the time of the call and the priority assigned to the
call.
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City of Phoenix IGA
6.22 Stray Dog: Means any dog three months of age or older running at-large that is not
wearing a valid license tag.
6.23 Sick or Injured: A stray dog which has been reported to have some type of injury
or suffering from some type of illness. This can include but is not limited to hit by
a car, limping, suffering from heat related issues.
6.24 Third Party: A person or group, not under contract with the County or other
municipality, that receives from the primary finder, traps, picks up, and/or confines
for any period of time, Animals from another. For example, veterinarians and
citizen groups who receive Animals from others are Third Parties under this
Agreement. Businesses contracted by government jurisdictions to provide Animal
Control Services are not Third Parties under this Agreement.
7.0
COUNTY RESPONSIBILITIES
The County agrees to:
7.1
Provide Animal Control Services to the City, as defined and further prescribed in
Appendix B.
7.2
Submit invoices quarterly for Animal Control Services provided.
7.3
If the City changes its ordinance, the County may at its option, decline to enforce
the changes to the ordinance or enter a written amendment adding enforcement of
such changes, which may include modification of service and additional payment
terms.
8.0
CITY RESPONSIBILITIES
The City agrees to:
8.1
Pay the County for Animal Control Services performed under this Agreement in
accordance with Appendix A of this Agreement. The City will submit payment to
County within thirty (30) days of receiving an invoice.
8.2
Notify the County of City ordinance changes no later than 90 days prior to the
effective date of the change.
9.0
RECORDS
9.1
At minimum, the Parties shall keep the following records under this Agreement
9.1.1 Intake counts;
9.1.2 Electronic impound records;
9.1.3 Documentation of City attempts to return Animal to owner;
9.1.4 All documentation related to dog licenses;
9.1.5 All documentation related to rabies;
9.1.6 All documentation related to Immigration, E-Verify, and compliance
with paragraph 20 of this Agreement; and
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City of Phoenix IGA
9.1.7 Any other books, accounts, reports, files, or other documents related to
this Agreement required under law.
9.2
The City will have access to County dog licensing data through a web portal, calls
to the animal control facility, and by email.
9.3
The Parties shall retain records in accordance with their applicable retention rules
and policies. The County shall retain records in accordance with the County
Records Management policy, A2101. The City shall retain records in accordance
with Administrative Regulation 1.61.
9.4
The Parties waive their respective public records procedure for obtaining Records,
including when using the web portal, phone calls, or emails for licensing data.
9.5
The Parties shall have full access to, and the right to examine, copy, and make use
of, all Records relevant to this Agreement no later than ten (10) business days from
the date of request.
9.6
The Parties acknowledge some Records may be protected from disclosure under
Arizona law. The Parties shall consult with counsel prior to disclosing.
10.0 REPORTING: The County shall provide the City with quarterly routine statistical and/or
management reports which provide 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.
11.0 FINANCING: The City will pay for the impounding and quarantining activities under this
Agreement pursuant to the fees and costs schedules in Appendices A and B to this
Agreement.
12.0 NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every
payment obligation of the City under this Agreement is conditioned upon the availability
of funds appropriated and allocated for the payment of such obligation. If funds are not
appropriated, allocated and available or if the appropriation is changed by the appropriating
body resulting in funds no longer being available for the continuance of this Agreement,
this Agreement may be terminated by the County at the end of the period for which funds
are available. No liability shall accrue to the City or County in the event this provision is
exercised, and neither Party shall be obligated or liable for any future payments or for any
damages due to termination under this paragraph.
13.0
AUDITS
13.1
this Agreement.
13.2 All Records shall be subject at all reasonable times to inspection and audit by either
Party for five years after completion of the Agreement.
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City of Phoenix IGA
13.3 The owner of the Records shall produce the requested Records in accordance with
this Agreement.
13.4 Each Party, prio
to the other Party. Notice shall be given as provided in section 14.0.
14.0 NOTICE: Whenever written notice is required or permitted under this Agreement, such
notice shall be 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 or electronically mailed, addressed to:
MARICOPA COUNTY
CITY OF PHOENIX
Maricopa County Animal Care & Control
Shelter and Field Operations
c/o Al Aguinaga
2500 S 27th Avenue
Phoenix, AZ 85009
(602) 506-2766
cc:
Maricopa County Animal Care & Control
c/o Kristi McMahon
2500 S. 27th Avenue
Phoenix, AZ 85009
(602) 506-5100
City of Phoenix
c/o Public Works Department 7th floor
200 W. Washington St
Phoenix, AZ 85003
Stacy Hettmansperger
stacy.hettmansperger@phoenix.gov
602-534-2539
cc:
c/o Public Works Department 7th floor
200 W Washington St
Phoenix, AZ 85003
Crystal Ramirez
Crystal.ramirez@phoenix.gov
602-495-3606
15.0
TERMINATION
15.1 Any Party may terminate this Agreement at any time without cause by giving ninety
Agreement in section 14. The County may terminate the Agreement immediately
upon discovery that the life, health, or safety of an animal or person is in jeopardy
because of the actions or inaction of the City. The failure of the City to provide
requested information on a bite incident, attack incident, and/or stray hold
constitute[s] the jeopardy of life, health, and safety of an animal and person and is
grounds for immediate termination.
15.2 Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel this
Agreement without penalty or obligation, if any person significantly involved in
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City of Phoenix IGA
the initiating, negotiating, securing, drafting, or creating this Agreement on behalf
of the terminating Party is at any time while the Agreement or any extension thereof
is in effect an employee of the other party to the Agreement in any capacity with
respect to the subject matter of this Agreement.
15.3 In the event of non-payment by City, this Agreement shall terminate as of the date
of last payment received and County obligations hereunder shall immediately
cease.
15.4 Upon termination of this Agreement, all property involved will revert to the owner.
Termination will not relieve any Party from liabilities or costs already incurred
under this Agreement, nor affect any ownership pursuant to this Agreement. Any
Eligible Animals still in the custody of the County at the termination of this
Agreement will become the property of the City at the end of the hold period
established by statute and will be governed by this Agreement.
16.0 INDEPENDENT CONTRACTOR: The City is an independent contractor, including the
City
to
create any partnership, joint venture, or employment relationship between the Parties or
create any employer-employee relationship between a Party and the employees of the other
Party. Neither Party will be liable for any debts, accounts, obligations, or other liabilities
whatsoever of the other.
17.0 SUBCONTRACTING: The City shall not subcontract or assign any responsibility or
portion of this Agreement to a subcontractor without the prior, express, written consent of
the County. The County reserves the right to reject a subcontractor if the County determines
the subcontractor fails to comply with any term of this Agreement or if the County
determines the subcontractor does not pass a background check or fails any other criteria
related to the health or safety of Animals and employees.
18.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the
prior written consent of the Parties, and any assignment in contravention of this provision
shall be null and void.
19.0 NONDISRCIMINATION: The Parties agree to comply with all applicable state and
federal laws, rules, regulations, and executive orders governing equal employment
opportunity, immigration, nondiscrimination, including the Americans with Disabilities
Act, and affirmative action.
20.0 IMMIGRATION; E-VERIFY: To the extent applicable under A.R.S. § 41-4401, the
Parties warrant compliance, on behalf of themselves and all subcontractors, with all federal
immigration laws and regulations relating to their employees, and, compliance with the E-
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City of Phoenix IGA
Verify requirements under A.R.S. § 23-214(A).
-
mentioned warranty shall be deemed a material breach of this Agreement and the non-
breaching Party may terminate this Agreement. The Parties retain the legal right to inspect
the papers of any other Party to ensure that the Party is complying with the above-
mentioned warranty under this Agreement.
21.0 INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and
its departments, agencies, boards, commissions, officers, officials, agents, employees, and
vol
and its departments, agencies, boards, commissions, officers, officials, agents, employees,
ns, liabilities,
(including death) or tangible or intangible property damage, in whole or in part, by the
negligent or willful acts or omissions of Indemnitor. This indemnity includes any claim or
intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by
the Indemnitor against all Claims. It is agreed that the City will be responsible for primary
loss investigation, defense, and judgment costs where this indemnification is applicable.
Nothing in this Agreement shall be construed as consent to any suit or waiver of any
defense in a suit brought against the County or the City in any State or Federal Court arising
from the negligent or willful acts or omissions of the Parties.
22.0
DISPUTE RESOLUTION: In the event a dispute under this Agreement arises between
the Parties, the Parties will follow this process:
22.1 The Parties will meet and confer in person about the issue. The Parties will make
their best efforts to reach a resolution at this meeting.
22.2 If the Parties are unable to resolve the conflict after the in-person meeting, within
ten (10) business days after the meeting, the Party raising the issue shall prepare a
written conflict report and deliver to the other/receiving Party for a response. The
conflict report shall include, at minimum, a section summarizing relevant
background, an issue statement, and a proposed solution. The receiving Party shall
prepare and deliver a written response within ten (10) business days from the date
of receipt of the conflict report.
22.3 If the Parties cannot resolve the issue after assessing the conflict report and
response, the Parties shall once again meet and confer in person to discuss the
conflict report and response and try to resolve the issue. The Parties shall make
their best efforts to reach a resolution at this meeting.
22.4 If the Parties are still unable to reach a resolution, the Parties may seek resolution
through mediation/arbitration. The Parties may provide the conflict report and
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response to the arbitrator to aid in resolution. The Parties shall select a mutually
acceptable third-party as arbitrator. Each party shall bear its own arbitration fees,
23.0 PARTIAL PERFORMANCE: The failure of either Party to insist in any one or more
instances upon the full and complete performance of any of the terms of this Agreement
shall not be construed as a waiver or relinquishment of the right to insist upon full and
complete performance of the same, or any other term, either in the past or in the future.
24.0 FORCE MAJEURE: Neither Party shall be responsible for delays or failures in
performance resulting exclusively from unanticipated, unpreventable, uncontrollable,
exceptional, and overwhelming events or acts. This includes acts or events of nature, such
as fires, pandemics, floods, hurricanes, monsoons, tornadoes, or communication line or
power failures; and, acts or events of people, such as riots, wars, and governmental
regulations imposed after the fact.
25.0 INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for
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.
26.0 APPLICABLE LAW: 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.
27.0
VENUE; CHOICE OF LAW
27.1 The proper venue for any proceeding arising from this Agreement shall be
Maricopa County, Arizona. This Agreement shall be construed in accordance with
and be governed by the laws of the State of Arizona.
27.2 This Agreement and all obligations imposed on the Parties arising under this
Agreement shall be subject to any limitations of budget law or other applicable
local law or regulations. No term in this Agreement shall be construed to relieve
the Parties of any obligations or responsibilities imposed on Parties by law. This
Agreement shall be construed in accordance with the laws of the State of Arizona.
28.0 HEADINGS: Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
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29.0 ENTIRE AGREEMENT: 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.
IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized
to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding
on said Party in accordance with its terms. The Parties enter into this Agreement as of the
Effective Date, as defined in Section 3.0 of this Agreement (Term):
MARICOPA County
CITY OF PHOENIX, a municipal corporation
Jeffrey Barton, City Manager
By:
By:
Jack Sellers, Chairman
Maricopa County Board of Supervisors
Joe Giudice, Public Works Director
City of Phoenix
6/17/2022
Date
Date
Attest:
Juanita Garza, Clerk of the Board
City Clerk, City of Phoenix
Jun 27, 2022
Date
Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
Chapter 2, § 2 of the City of Phoenix Charter and has determined it is in proper form and within
the powers and authority granted under the laws of this state to the County and City.
Karen Hartman-Tellez,
Maricopa County Deputy Attorney
Date
Attest:
Patricia Boland, Assistant Chief Counsel
Attorney for City of Phoenix
Jun 24, 2022
Date
Kim Miles
Bill Gates
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APPENDIX A
COMPENSATION SCHEDULE FOR
ANIMAL CONTROL SERVICES
1.
County Service Level:
Animal Control Services
2.
Service Cost for Initial Term:
$2,460,145
For the initial year of this Agreement, the City agrees to pay the County $2,460,145. Thereafter,
the City shall pay the County those fees approved by the Maricopa County Board of Supervisors
in accordance with a formula developed by MCACC, which require full recovery of the County
direct and indirect costs.
Reported
Population
AWMA US Pet
Ownership
Formula for Dog
Population
Bite
Quarantine
at ACC
Field Bite
Cases
1,630,195
384,977
391
8,140
Mileage
(ACC to
City x
CFS)
Mileage @
Federal
Reimbursement
Rate .585
Calls for
Service (CFS)
@ $68/call
Trucks, Technology
Replacement based
on % on Field Calls
across all City
Hours Spent
in the Field
on Calls
@$81.06/hour
98457.4
$57,597.58
$1,632,952
$213,767.07
$555,828.42
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APPENDIX B
SERVICES
1.
The County, as the appointed Enforcement Agent, shall be responsible for and enforce the
Animal Control Ordinance for the City. See Appendix D.
2.
Minimum Staffing: Staffing will be sufficient to respond to ninety percent (90%) of
service requests within the period prescribed below
3.
Response Times: The County will respond during Normal Hours of Operation. On
average, County staff will arrive at the scene of a reported service request within the time
prescribed below based on the service classification and driver safety conditions:
Priority 1
1 hour
Priority 2
2 hours
Priority 3
48 hours
Priority 4
72 hours
**See Appendix C for call for service types by priority.
4.
Response Time during Limited Operations Hours: The County will only act on Priority 1
and 2 calls for service during Limited Operation Hours and only when the requesting police agency
agrees to remain on scene for the duration of the time needed to handle the call for service. The
County will not respond to priority 3 or 4 calls for service after 3pm until the commencement of
the next Normal Hours of Operation. The response time for Limited Operations Hours will be two
(2) hours maximum. The response time could be longer should a higher priority call for service
be received. The choice to respond to higher priority calls is at the discretion of the County.
5.
The County shall not respond to scenes involving owned animals being seized or
impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime
scene investigations, fire scenes, or any situation where the law enforcement officer has seized an
owned animal. The County will not respond to citizen response requests for abuse, neglect, or
cruelty of animals.
6.
Law enforcement agencies needing assistance in accordance with this IGA can call the
County Field Dispatch non-public phone line (602-506-1309) to request general assistance during
Normal Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is
based on the information provided to staff at the time of the request. The County reserves the right
to respond to non-emergency requests at the beginning of the next Normal Hours of Operation.
7.
While the County is closed for business on all County Observed Holidays, the County
reserves the right to provide limited response times from 7am to 10 pm on County observed
holidays. The police only line will be staffed for Priority 1 calls for service from 7am to 10pm on
County Holidays.
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8.
The County shall provide lost and found service from 8am to 5pm seven (7) days per week
to allow for citizens to report found and lost dogs at (602) 372-4598. This service will not be
provided during the holiday coverage prescribed in Paragraph 7.
9.
The County shall provide call center services during Normal Hours of Operation and 24-
hour online services for citizens to report animal control issues, conduct licensing transactions,
and ask general animal control questions. Call center services will not be provided during the
holidays prescribed in Paragraph 7.
10.
The County at its discretion may pick up dogs from Third Parties.
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APPENDIX C
PRIORITY CLASSIFICATIONS
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APPENDIX D
CITY OF PHOENIX ORDINANCE
Dog not permitted at large
8-14
Vicious
8-16.01
Failure to License
8-12E
Unlawful Interference
8-18
Failure to Wear
8-14B
Removal from Impound
8-19
Failure to Quarantine
8-16A
Unlawful Keeping
8-19
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