C-6655-22_MARICOPA_COUNTY_ANIMAL_CARE_AND_CONTROL_(CITY AND ATTORNEY SIGNED).PDF

AGREEMENT/CONTRACT COVER SHEET
P.,AŠ
This form along withtheoriginal executed agreement/contractmust besubmittedtothe City
Clerk's Office. The Department contact listed below will be notified once the document(s) is
VPOËNES
available in OpenText.
ASSIGNED CONTRACTNO. C. 22-6655
REQUEST DATE: 04/07/22
1.
ROUTING & APPROVALS
Name & Extension: Jennifer Calovini, 7805
Department:
Police
?
Legal: City Attorney
U
Procurement: Jacque Behrens
?
City Manager: Julie Karins (ifapplicable)
11.
GENERAL INFORMATION
To be completed by Department/Project Manager
Contract Type
IGA
1_Other
Does this contract need to oe recorded with the Maricopa County Recorder's Office?
IYes
-7
Project Name
-
Maricopa County Animal Care and Control Sheltering
Description
Business Name
Maricopa County Animal Care and Control
Name & Phone/Email
Alejandro Rozenburg/alejandro.rozenburg@maricopa.gov
Mailing Address
2500 S 27th Ave
City, State, Zip Code
Phoenix, AZ 85009
Contract Amount
$0.00
Start Date
07/01/22
End Date
06/30/27
Council Meeting Date
04/18/22
Agenda Item
Al- 821
Link contract to -
Additional Comments
Contract signatures are required on page 10 of 11. Please return signed copy to
?
Jennifer Calovini.
111.
PROCUREMENT & INSURANCE REVIEW
All contracts are routed through Finance and Legal Services. Finance will assign a contract number. IGAs,
Easements, Lease/Property Acquisition and Development Agreements DO NOT require procurement
review. Contracts for Council approval must be reviewed and signed off by Procurement or the City
Manager & City Attorney priorto going to Council.
To be completed by Procurement
Initials
Date
Insurance Certificate
Bid Bond
Performance Bond
Payment Bond
IV.
CITY CLERK REVIEW
Retention
Scanned into OpenText
Destruction
Completed by
(revised 2021-10-15)
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

INTERGOVE-1NNENe"A-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 GOODYEAR
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 GOODYEAR ("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 forjoint cooperative action and agreement for the operation and
use of Animal Control Facilities.
2.3
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.
2.4
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.
PAGE
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City of Goodyear Sheltering Services Agreement
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2.5
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.
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 7 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
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:
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City ofGoodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

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 ODHS")
provided the City supplies the necessary papenvork;
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 ofthis 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 ):
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.
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City ofGoodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

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 Ilours, 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 1 1-1014.
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"):
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 (ifknown): victim name, address,
phone number, and age: circumstances ofbite, 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.
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City ofGoodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

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 he 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 ifthe 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.
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 ifpersonally 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:
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City of Goodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

create any employer-employee relationship between a Party and the employees ofthe 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 behalfofthemselves 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
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 ofbodily 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
PAGE 8 OF 11
City of Goodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

solely from the negligent or willful acts or omissions ofthe 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.
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.
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City of Goodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F

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 
By: 
Bill Gates, Chairman 
Maricopa County Board of Supervisors 
Date 
Attest:
Juanita Garza, Clerk of the Board 
Date 
CITY OF GOODYEAR 
Date 
Approved as to Form:
9,Ano'
i."'
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. 
-952 (D) 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 
PAGEI0OFII 
City of Goodyear Sheltering ervices Agreement 
oric Massey 
Attorney for City of Good 
r(r/;z 
I 
Date 
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F
4/29/2022

APPENDIX A
IMPOUND FEE SCHEDULE
Pursuant to A.R. S. § 11-1005(C), the Board ofSupervisors 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.
S
j/' CO5t p/day is
Each jurisdiction's licensing revenue / compliance
is used to offset the sheltering cost.
?
536 pldog ?
Since the average length of stay is 9 days, 33% of
?
?
72-hr or 3-day ?
the total licensing revenue from that jurisdiction
?
tmandatory hold period.
($36 x3= 3108 p/dog)
is applied to the 3-day holding cost; thus,
i
reducing the amount charged. The higher the
licensing compliance in the city/town, the lower
< the sheltering fee.
Note: Does not include 5-day hold requirement for those animals that
have a microchip or the 10-day hold for quarantined bite animals.
AVG FY20/FY21 Calculations for Initial Year (FY2023 or 7/1/11
- 6/30/23):
Adjusted
Yearly # of
City's Licensing
33% Licensing
Sheltering Cost
Impounds
At $108 each
Revenue
Offset
(cost-offset)
300
$32,400
$144,009
$47,523
$0
PAGE 11 OF 11
City of Goodyear Sheltering Services Agreement
DocuSign Envelope ID: 530191A7-27EE-4B2F-A024-2EF29E980C2F