C-79-22-175-X-00 SHELTERING IGA.PDF

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91F-5B82B4A90E8A

C2022-18
INTERGOVERNMENTAL AGREEMENT

MARICOPA COUNTY ANIMAL CONTROL FACILITIES
USE AGREEMENT FOR SHELTERING SERVICES

BETWEEN

MARICOPA COUNTY
[Administered by its Animal Care & Contro] Department]

and

THE TOWN OF GUADALUPE

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 TOWN OF GUADALUPE (“Town”), 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 Town’s use, of County Animal
Control Facilities.

2.0 AUTHORITY

2.1

2.2

2.3

24

PAGE 1 OF 11

Asizona Revised Statutes (“A.R.S.”) § 11-201(A)(3) authorizes the Board of
Supervisors to contract on bebalf of the County.

ARS. §§ 11-952 and 11-1013 authorize the County and Town, as public agencies,
to enter into IGAs for joint cooperative action and agreement for the operation and
use of Animal Contro! Facilities.

ARS. § 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.

ARS. § 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 Town to enforce the provisions of any Town ordinance enacted for the control
of dogs if the provisions are not specific to breed.

Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91F-5B82B4A90E8A

2.5

ARS. §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

6.4

6.2

6.3

6.4

PAGE 2 OF 1k

The Definitions at A.R.S. § 11-1001 and Town Code, § Chapter 90 are hereby
incorporated into this Agreement and shall be capitalized when used in this
Agreement. In the event the County and Town definitions conflict, the County
definitions shall control. Additionally, the following terms are used in this
Agreement.
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 ‘
County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.
Eligible Animals: The County will accept the following Animals from the Town’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;

Town of Guadalupe Sheltering Serviecs Agreement

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91F-5B82B4A90E6A

6.5

6.6

6.4.2
6.4.3
6.4.4

6.4.5
6.4.6

Bite Dogs: unvaccinated dogs that have bitten a person,

Stray Dogs;

Exposure animals at the request of Maricopa County Department of
Public Health or Arizona Department of Health Services (“DHS”)
provided the Town supplies the necessary paperwork;

Owner surrender bite dogs for euthanasia only at cost; and

Any Animals not listed above, with prior written approval by the County.

Ineligible Animals: The County will not accept the following Animals from the
Town for Impound and/or quarantine in County Animal Shelters (“Ineligible
Animals”);

6.5.1

6.5.2

6.5.3
6.5.4
6.5.5
6.5.6
6.5.7
6.5.8

6.5.9

Any Animal required to be impounded pursuant to a police investigation,
arrest, or warrant;

Any Animal required to be impounded pursuant fo any animal cruelty,
neglect, abandonment, or welfare check case;

Sick or injured Animals;

Animals impounded after a traffic accident;

Animals other than dogs or cats for bite quarantine;

Any species other than a dog or cat except as noted in 6.4.6, above;
Animals, alive or dead, that are to be submitted to DHS for rabies testing;
Animals to be held pursuant to a vicious case OR relinquished to the
Town due to a vicious case;

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.
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 Contro! Facility with Capacity to receive Eligible Animals (“Intake

Hours”).

70 COUNTY RESPONSIBILITIZS

The County agrees to perform the following services (“County Services”):
Establish written intake/booking procedures (“Intake Procedure”) for the Town of
Guadalupe 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,
Town tracking number.
Create an intake form to collect information necessary to track Animal intake
(‘Intake Form”) and provide Intake Procedure and Intake Form to Town.

VA

72

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Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91 F-5B82B4A90E8A

73

7A

75

16

V1

78

79

7.10

Maintain facilities, equipment, and trained personnel for provision of County
Pounds.

Accept Eligible Animals for Impound and/or quarantine from the Town during
Intake Hours. If the Town’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 Town an
After Hours delivery fee.

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.

Impound Eligible Animals in accordance with the impound periods as outlined in
ARS. §§ 11-1013 and 11-1014.

Invoice the Town 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.

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.

The County reserves the right to return Animals to the Town at the expiration of
the legal holding period.

The County may temporarily suspend this Agreement without notice and in its sole
discretion if the County determines:

7.10.1 The Town 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 Town comes into compliance or until the County
enters a permanent order after notice and opportunity for hearing.

7.10.4 The Town shall be notified in writing for the reason for the temporary
suspension upon issuance of the suspension and the Town shail 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 TOWN RESPONSIBILITIES
The Town agrees to perform the following services (“Town Services”):

8.1
8.2

PAGE 4 OF I1

Only deliver Eligible Animals to the County for impounding and/or quarantining.
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.

Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope 1D: 84014BE1-1AA3-41C0-A91 F-5SBB2B4A90E8A

8.3

8.4
8.5
8.6

8.7
8.8

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.
Deliver only Eligible Animals to a County Animal Control Facility for impound
and/or quarantine during Intake Hours.
Deliver Animals that are or, ate suspected to be, victims of abandonment, cruelty
or neglect to the provider contracted by the Town for such services.
Deliver sick or injured Animals directly to a vet of the Town’s choosing.
Comply with County Intake Procedure.
Upon delivery of the Eligible Animal by the Town to the County, provide the
following information for all Eligible Animals delivered to the County by the
Town:
8.8.1 Documentation showing attempts to return Eligible Animal to its Owner;
8.8.2 Prior complaints made to the Town 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 ofthe 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

Town Code § Chapter 90.

9.0 RECORDS

9.1

9.2

PAGE 5 OF 11

At minimum, the Parties shail keep the following records under this Agreement
(“Records”):

9.1.1 Intake counts;

9.1.2 Electronic impound records;

9.1.3 Documentation of Town attempts to return animal to Owner;

9.1.4 Ali documentation related to dog licenses;

9.1.5 All documentation related to rabies; and

9.1.6 Any other books, accounts, reports, files or other documents related to

this Agreement.

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 Town shall retain records in accordance

Town of Guadalupe Sheltering Services Agreoment

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91F-SB8ZB4A90E8A

10.0

11.0

12.0

13.0

with the records retention schedules set forth by the Arizona State Library,
Archives, & Public Records.

9.3. The Parties waive their respective public records procedure for obtaining Records.

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 Town will have access to County dog licensing data through a web portal, calls
to the Animal Control Facility, and by email. The Town 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.

FINANCING: The Town will pay for the impounding and quarantining activities under
this Agreement pursuant to the fees and costs schedules in Appendix A to this Agreement.

NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every
payment obligation of the Town 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 Town 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.

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 Bach 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,

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

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Town of Guadalupe Sheltering Services Agreement

DacuSign Envelope 1D: 84014BE1-1AA3-41C0-A91F-5B82B4A90E8A

in the United States mail in a properly stamped envelope — certified or registered mail,
return receipt requested — or electronically mailed, addressed to:

MARICOPA COUNTY TOWN OF GUADALUPE
Maricopa County Animal Care & Control Jeff Kulaga, Town Manager / Clerk
c/o Al Aguinaga, Field Enforcement 9241 South Avenida del Yaqui
Division Manager Guadalupe, AZ 85283

2500 S. 27th Avenue

Phoenix, AZ 85009

Al. Aguinaga@maricopa.gov
(602) 506-2737

ce: Maricopa County Anima] Care & Control
c/o Kristi McMahon, Finance Manager

2500 S. 27th Avenue

Phoenix, AZ 85009

Kristi. MeMahon@maricopa. gov

(602) 372-0602

14.0 TERMINATION

14.1

14.2
14.3

14.4

14.5

PAGE 7 OF 11

Any Party may terminate this Agreement at any time without cause by giving ninety
(90) days’ written notice (“Termination”).

Partial termination is prohibited.

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,

In the event of non-payment by Town, this Agreement shall terminate as 6f the date
of last payment received and County obligations hereunder shall immediately
cease.

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 Town at the end of the hold period
established by statute and will be governed by this Agreement.

Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91F-5B82B4A90E8A

15.0

16.0

17.0

18.0

19.0

20.0

INDEPENDENT CONTRACTOR: The Town is an independent contractor, including
the Town’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.

SUBCONTRACTING: The Town shall not subcontract Sny 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.

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.

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.

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.

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 of bodily or personal injury of any person
(including death) or tangible or intangible property damage, in whole or in part, by the

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Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope ID: 84014BE1-1AA3-41C0-A91 F-5B82B4A90E8A

21.0

22.0

23.0

24.0

25.0

26.0

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 Town 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 Town in any State or Federal Court
arising from the negligent or willful acts or omissions of the Parties.

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.

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.

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.

ENTIRE AGREEMENT: This Agreement contains the entire agreement of the Parties
with respect to the subject matter of this Agreement,

APPLICABLE LAW: Each Party shall comply with all applicable federal, state, and focal
laws, ordinances, Executive Orders, rules, regulations, standards, and codes whether or not
specifically referenced herein.

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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Town of Guadalupe Sheltering Services Agreement

DoouSign Envelope iD: 84014BE1-1AA3-41C0-A91F-5B82B4AS90E8A

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 TOWN OF GUADALUPE
By: By: } \. L ae
Bill Gates WA Ae! rte
~lack-Selers, Chairman Valerie Molina, Mayor
Maricopa County Board of Supervisors Town of Guadalupe
Date Date: April 7, 2022
Aftest: Attest:

Ly A

ik
Juanita Garza, Clerk of the Board left liga Town Mpnager/ Clerk =~
) wh of Guadalupe ‘
Date Date: April 7, 2022
Approved as to Form:

Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S, § 11-952 (D) and
Town of Guadalupe Code of Ordinances, Chapter 90: Animals Generally, 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 Town;—pocusigned by:

Karen. 0). artman<lebbes

AECG3C9432A0414.

Karen Hartman-Tellez, David E. Ledyard, Esq.
Maricopa County Deputy Attorney FAITH, LEDYARD & FAITH PLC
Town. Attorney's for Town of Guadalupe
a ee
4/12/2022 VA ee ia
Date Date: April 7, 2022
PAGE 10 OF 11

Town of Guadalupe Sheltering Services Agreement

DocuSign Envelope [D: 84014BE1-1AA3-41C0-A91F-5B82B4A90E8A,

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 Town
shall pay these fees on a quarterly basis to Animal Control Fund 572.

Com p/dayi Each jurisdiction's licensing revenue / compliance —..
PoE In OY 1 is used to offset the sheltering cost. :
$36 p/dop i

Since the average jength of stay is 9-days, 23% of |
the total licensing sevenue from that jurisdiction i
is applied to the 3-day holding cost; thus,
reducing the amount charged. The higher the

- Weensing compliance In the city/town, the lower
| the sheltering fee,

T2-hr-or. 3-day
mandatory hold period
($363 = $108 pidog}

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 7/1/22 - 6/30/23):

Town's Adjusted
Yearly # of Licensing 33% Licensing Sheltering Cost
Impounds At $108 each Revenue | Offset (cost-offset)
63 ; $6,804 $2,274 _ $750 $6,054

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Town of Guadalupe Sheltering Services Agreement