RES_2488_MARICOPA_COUNTY_IGA_FOR_ANIMAL_SHELTERING_SERVICES_FY_23-27_04_26_22.._(CITY AND ATTY SIGNED).PDF
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RESOLUTION NO. 2488
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TOLLESON AND MARICOPA
COUNTY FOR ANIMAL SHELTERING SERVICES FOR FISCAL YEARS
2023-2027.
WHEREAS, the City of Tolleson (the “City”) needs animal sheltering services for the
protection and disposition of domestic animals subject to inhumane, unhealthful, or dangerous
conditions or circumstances; and
WHEREAS, the City desires to enter into this Intergovernmental Agreement with Maricopa
County (the “County”), administered by its Animal Care & Control Department, for the use of County
Animal Control Facilities.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:
Section 1. The City will pay for the impounding and quarantining activities under this
Agreement pursuant to the fees and costs schedules in Appendix A to the Intergovernmental
Agreement.
Section 2. The Intergovernmental Agreement for Fiscal Years 2023-2027 relating to animal
sheltering services between the City of Tolleson and Maricopa County is hereby approved
substantially in the form attached hereto as Exhibit A and incorporated herein by reference.
Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized
and directed to take all steps necessary to cause the execution and delivery of this
Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent
of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona,
on this 26th day of April, 2022.
Juan F. Rodriguez, Mayor
ATTEST:
Crystal Zamora, City Clerk
APPROVED AS TO FORM:
Justin Pierce, City Attorney
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EXHIBIT A
TO
RESOLUTION NO. 2488
[Intergovernmental Agreement]
See following pages.
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City of Tolleson Sheltering Services Agreement
INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY ANIMAL CONTROL FACILITIES
USE AGREEMENT FOR SHELTERING SERVICES
BETWEEN
MARICOPA COUNTY
[Administered by its Animal Care & Control Department]
and
THE CITY OF TOLLESON
THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) for use of
Maricopa County Animal Pounds as prescribed in A.R.S. § 11-1013 (hereinafter “Animal Control
Facilities”) is entered by and between Maricopa County, a political subdivision of the State of
Arizona, administered by its Animal Care & Control Department (collectively referred to as
“County”), and the CITY OF TOLLESON (“City”), a municipal corporation of the State of
Arizona. The County and City are collectively referred to as “Parties” and individually as “Party.”
1.0
PURPOSE: The purpose of this Agreement is to memorialize the Parties’ rights and
responsibilities related to the County’s provision, and the City’s use, of County Animal
Control Facilities.
2.0
AUTHORITY
2.1
Arizona Revised Statutes (“A.R.S.”) § 11-201(A)(3) authorizes the Board of
Supervisors to contract on behalf of the County.
2.2
A.R.S. §§ 11-952 and 11-1013 authorize the County and City, as public agencies,
to enter into IGAs for joint cooperative action and agreement for the operation and
use of Animal Control Facilities.
2.3
A.R.S. §9-240.B(16) authorizes the City to regulate, restrain and prohibit the
roaming of animals within the City.
2.4
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.
2.5
Tolleson City Code Section 9-1-2(E) makes it unlawful to permit any animal of
any kind to roam or run at large within the city and the animals shall be
immediately impounded by the enforcement officer and delivered into the custody
of a pound.
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City of Tolleson Sheltering Services Agreement
2.6
A.R.S. § 11-1005(A)(3) and County Ordinance No. P-13, Rabies/Animal Control
(“County Ordinance No. P-13”) authorize the Board of Supervisors to contract with
the City to enforce the provisions of any City ordinance enacted for the control of
dogs if the provisions are not specific to breed.
2.7
A.R.S. §11-1005(C), and County Ordinance No. P-13 authorize the County to
establish fees for impounding and maintaining Domestic Animals at Animal
Control Facilities.
2.8
Tolleson City Code Section 3-5-7 authorizes the City to participate with a state,
other political subdivisions of a state and the federal government and other units
of government for the procurement of materials or services with cooperative
purchasing agreements.
3.0
TERM: This Agreement is effective on July 1, 2022 (“Effective Date”) and terminates on
June 30, 2027 (collectively, “Term”).
4.0
AMENDMENTS: Any modification or amendment to the terms and conditions of this
Agreement must be made by mutual written agreement signed by authorized signers for
the Parties, including a new effective date.
5.0
RENEWAL: The Parties may renew this Agreement as many times as is desirable, but
each extension may not exceed the duration of the Term (“Renewal”).
6.0
DEFINITIONS
6.1
The Definitions at A.R.S. § 11-1001 and City Code, § Chapter 9 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
Capacity: Means the following:
6.2.1 West Valley:
6.2.1.1 350 large kennels for adoptable and/or stray dogs
6.2.1.2 24 kennels for small adoptable and/or stray dogs
6.2.1.3 15 “Life Rooms” for adoptable dogs
6.2.1.4 30 quarantine kennels for bite dogs
6.2.1.5 10 clinic kennels for injured dogs
6.2.1.6 10 kennels for stray cats
6.2.1.7 10 kennels for underage kittens
6.2.1.8 40 spaces for adoptable cats
6.2.2 East Valley:
6.2.2.1 354 medium/large kennels for adoptable and/or stray dogs
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City of Tolleson Sheltering Services Agreement
6.2.2.2 48 kennels for puppies and/or cats
6.3
County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.
6.4
Eligible Animals: The County will accept the following Animals from the City’s
Animal Enforcement Agent and its residents for Impound and/or quarantine in
County Animal Control Facilities that have the Capacity to receive Eligible
Animals (“Eligible Animals”):
6.4.1 Bite Cats: unvaccinated cats that have bitten a person;
6.4.2 Bite Dogs: unvaccinated dogs that have bitten a person;
6.4.3 Stray Dogs;
6.4.4 Exposure animals at the request of Maricopa County Department of
Public Health or Arizona Department of Health Services (“DHS”)
provided the City supplies the necessary paperwork;
6.4.5 Owner surrender bite dogs for euthanasia only at cost; and
6.4.6 Any Animals not listed above, with prior written approval by the County.
6.5
Ineligible Animals: The County will not accept the following Animals from the
City for Impound and/or quarantine in County Animal Shelters (“Ineligible
Animals”):
6.5.1 Any Animal required to be impounded pursuant to a police investigation,
arrest, or warrant;
6.5.2 Any Animal required to be impounded pursuant to any animal cruelty,
neglect, abandonment, or welfare check case;
6.5.3 Sick or injured Animals;
6.5.4 Animals impounded after a traffic accident;
6.5.5 Animals other than dogs or cats for bite quarantine;
6.5.6 Any species other than a dog or cat except as noted in 6.4.6, above;
6.5.7 Animals, alive or dead, that are to be submitted to DHS for rabies testing;
6.5.8 Animals to be held pursuant to a vicious case OR relinquished to the City
due to a vicious case;
6.5.9 Animals associated with police actions not in violation of this ordinance
or that are seized from an owner;
6.5.10 Dogs ordered into custody pursuant to a court order; and
6.5.11 Owner surrenders except pursuant to 6.5.6.
6.6
Intake Hours: The County will accept Eligible Animals for Impound and/or
quarantine Monday through Sunday during the hours of 11:00 a.m. to 1:00 p.m. at
an Animal Control Facility with Capacity to receive Eligible Animals (“Intake
Hours”).
7.0
COUNTY RESPONSIBILITIES
The County agrees to perform the following services (“County Services”):
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7.1
Establish written intake/booking procedures (“Intake Procedure”) for the City
prescribing recordkeeping requirements and tracking of, at minimum, source or
caller identification, breed, animal gender, approximate age, circumstances of
impound, species, location of impound by street and zip code, City tracking
number.
7.2
Create an intake form to collect information necessary to track Animal intake
(“Intake Form”) and provide Intake Procedure and Intake Form to City.
7.3
Maintain facilities, equipment, and trained personnel for provision of County
Pounds.
7.4
Accept Eligible Animals for Impound and/or quarantine from the City during Intake
Hours. If the City’s Animal Enforcement Agent delivers an Eligible Animal to a
County Animal Control Facility outside of Intake Hours during After Hours, the
County may refuse delivery or accept delivery and charge the City an After Hours
delivery fee.
7.5
Provide proper care and maintenance in accordance with A.R.S. §§ 11-1013(B) and
11-1021 to all Eligible Animals impounded and/or quarantined at Animal Control
Facilities.
7.6
Impound Eligible Animals in accordance with the impound periods as outlined in
A.R.S. §§ 11-1013 and 11-1014.
7.7
Invoice the City on a quarterly basis for services rendered according to the fees and
costs schedule in Appendix A. The County may review these fees and costs at the
end of the Term to ensure they continue to reflect the services rendered.
7.8
The County reserves the right to deny intake of an Animal for any behavior issue
deemed by the County to be a threat to public health or safety.
7.9
The County reserves the right to return Animals to the City at the expiration of the
legal holding period.
7.10 The County may temporarily suspend this Agreement without notice and in its sole
discretion if the County determines:
7.10.1 The City is non-compliant with a provision of this Agreement; or,
7.10.2 The health and safety of an Animal or person is in jeopardy.
7.10.3 A temporary suspension imposed by the County shall remain in effect
unless and until the City comes into compliance or until the County
enters a permanent order after notice and opportunity for hearing.
7.10.4 The City shall be notified in writing for the reason for the temporary
suspension upon issuance of the suspension and the City shall have five
(5) business days to respond in writing from the date of the notice. The
notice shall comply with the Notice provisions in Section 13, below.
8.0
CITY RESPONSIBILITIES
The City agrees to perform the following services (“City Services”):
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8.1
Only deliver Eligible Animals to the County for impounding and/or quarantining.
8.2
In the case of a bite animal, provide a copy of the agency bite report which shall
include owner name, address, and phone number (if known); victim name, address,
phone number, and age; circumstances of bite, date, and time bite occurred, location
where bite occurred, including zip code; victim relationship to animal owner,
severity of bite, wound location on body, and what medical treatment, if any, was
provided or sought.
8.3
Before attempting delivery of an Eligible Animal to a County Pound, conduct lost
and found efforts to return the Animal to its Owner, including but not limited to,
scanning Eligible Animal for microchips and contacting potential Owner.
8.4
Deliver only Eligible Animals to a County Animal Control Facility for impound
and/or quarantine during Intake Hours.
8.5
Deliver Animals that are or, are suspected to be, victims of abandonment, cruelty
or neglect to the provider contracted by the City for such services.
8.6
Deliver sick or injured Animals directly to a vet of the City’s choosing.
8.7
Comply with County Intake Procedure.
8.8
Upon delivery of the Eligible Animal by the City to the County, provide the
following information for all Eligible Animals delivered to the County by the City:
8.8.1 Documentation showing attempts to return Eligible Animal to its Owner;
8.8.2 Prior complaints made to the City about the animal;
8.8.3 Bite history; and all information as outlined in 8.2;
8.8.4 Information necessary to aide in the control of rabies, such as knowledge
of bites, knowledge of rabies, etc.; and,
8.8.5 Any additional information requested by the County that is necessary to
properly impound, care for and pathway the Eligible Animal.
8.10 Daily boarding fee for the mandatory 3 day hold for all Animals of the same species
as established in Appendix A to this Agreement.
8.11 Reserve sufficient funds in fiscal budget to pay for fees and costs charged pursuant
to Appendix A to this Agreement.
8.12 Promote and enforce licensing as prescribed in A.R.S. §§ 11-1008, 11-1012, and
City Code § Chapter 9 .
9.0
RECORDS
9.1
At minimum, the Parties shall keep the following records under this Agreement
(“Records”):
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; and
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9.1.6 Any other books, accounts, reports, files or other documents related to
this Agreement.
9.2
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 the Arizona State Library and Archives.
9.3
The Parties each waive their respective public records procedure for obtaining
Records from the other Party. Third party or public requests for public records will
be handled pursuant to each Party’s standard public records procedures.
9.4
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.
9.5
The City will have access to County dog licensing data through a web portal, calls
to the Animal Control Facility, and by email. The City will pay an annual Data
Access and Maintenance fee to maintain this access. Use of the web portal, phone
calls, or emails for licensing data are not subject records requests.
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
FINANCING: The City will pay for the impounding and quarantining activities under this
Agreement pursuant to the fees and costs schedules in Appendix A to this Agreement.
11.0
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.
12.0
AUDITS
12.1 Each Party may audit and inspect the other Party’s work to verify compliance with
this Agreement.
12.2 All Records shall be subject at all reasonable times to inspection and audit by either
Party for five years after completion of the Agreement.
12.3 The owner of the Records shall produce the requested Records as designated in this
Agreement.
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12.4 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 13.0.
13.0
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 TOLLESON
Maricopa County Animal Care & Control
c/o Al Aguinaga, Field Enforcement
Division Manager
2500 S. 27th Avenue
Phoenix, AZ 85009
Al.Aguinaga@maricopa.gov
(602) 506-2737
cc:
Maricopa County Animal Care & Control
c/o Kristi McMahon, Finance Manager
2500 S. 27th Avenue
Phoenix, AZ 85009
City of Tolleson
c/o Crystal Zamora, City Clerk
9555 West Van Buren Street
Tolleson, AZ 85353
cc:
Tolleson Police Department
c/o Lieutenant Lee Garrett
8350 West Van Buren Street
Tolleson, AZ 85353
Kristi.McMahon@maricopa.gov
(602) 372-0602
14.0
TERMINATION
14.1 Any Party may terminate this Agreement at any time without cause by giving ninety
(90) days’ written notice (“Termination”).
14.2 Partial termination is prohibited.
14.3 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
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.
14.4 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.
14.5 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
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City of Tolleson Sheltering Services Agreement
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.
15.0
INDEPENDENT CONTRACTOR: The City is an independent contractor, including the
City’s employees, agents, and subcontractors. Nothing in this Agreement will be construed
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.
16.0
SUBCONTRACTING: The City shall not subcontract any 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.
17.0
ASSIGNMENT: 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.
18.0
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.
19.0
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-
Verify requirements under A.R.S. § 23-214(A). Any Party’s breach of the above-
mentioned warranty shall be deemed a material breach of this Agreement and the non-
breaching Parties 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.
20.0
INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and
its departments, agencies, boards, commissions, officers, officials, agents, employees, and
volunteers (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party
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and its departments, agencies, boards, commissions, officers, officials, agents, employees,
and volunteers (as “Indemnitee”), from and against any and all claims, actions, liabilities,
damages, losses, costs, or expenses (including court costs, attorneys’ fees, claim
processing) (collectively, “Claims”) arising out of bodily or personal injury of any person
(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
amount arising out of or recovered under the Workers’ Compensation law. It is the specific
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.
21.0
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.
22.0
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.
23.0
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.
24.0
ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties
with respect to the subject matter of this Agreement.
25.0
APPLICABLE LAW: Each Party shall comply with all applicable federal, state, and local
laws, ordinances, Executive Orders, rules, regulations, standards, and codes whether or not
specifically referenced herein.
26.0
VENUE; CHOICE OF LAW
26.1 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.
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26.2 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.
IN WITNESS WHEREOF, the undersigned executing this Agreement on behalf of each Party
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 date last set forth below (“Effective Date”).
MARICOPA COUNTY
CITY OF TOLLESON
By:
By:
Bill Gates, Chairman
Maricopa County Board of Supervisors
Reyes Medrano, Jr., City Manager
Date
Date
Attest:
Attest:
Juanita Garza, Clerk of the Board
Crystal Zamora, City Clerk
Date
Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
Tolleson City Code 2-3-21 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
Justin S. Pierce,
Attorney for City of Tolleson
Date
Date
April 27, 2022
April 27, 2022
April 27, 2022
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APPENDIX A
IMPOUND FEE SCHEDULE
Pursuant to A.R.S. § 11-1005(C), the Board of Supervisors has authority to establish the following
fees for impounding and maintenance of animals at County Animal Control Facilities. The City
shall pay these fees on a quarterly basis to Animal Control Fund 572.
AVG FY20/FY21 Calculations for Initial Year (FY2023 or 7/1/22 - 6/30/23):
Yearly # of
Impounds
At $108 each
City's Licensing
Revenue
33% Licensing
Offset
Adjusted
Sheltering Cost
(cost-offset)
112
$12,096
$7,011
$2,313
$9,783
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