C-79-22-176-X-00 SHELTERING IGA.PDF

DocuSign Envelope ID: 88CDCC70-7B 16-4080-A20C-B21BG047FCF2

INTERGOVERNMENTAL AGREEMENT

MARICOPA COUNTY ANIMAL CONTROL FACILITIES
USE AGREEMENT FOR SHELTERING SERVICES

BETWEEN

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

and

THE TOWN OF CAVE CREEK

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 CAVE CREEK (“Town”), a municipal corporation of the State
of Arizona. The County and Town are collectively referred to as “Parties” and individually as

“Party.”

10 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

2A

2.2.

2.3

2.4

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Arizona Revised Statutes (*A.R.S.”) § E1-201(A)(3) authorizes the Board of
Supervisors to contract on behalf 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 Control 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.

A.RS, § 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 Cave Creck Sheltering Services Agreement

DecuSign Envelope iD: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

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”).

40 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

6.2

6.3

64

PAGE 2 OF It

The Definitions at A.R.S. § 11-1001 and Town Code, § Chapter 90.01 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 smal! 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 Cave Creek Sheltering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

6.4.2 Bite Dogs: unvaccinated dogs that have bitten a person;

64.3 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 Town 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
Town for Impound and/or quarantine in County Animal Shelters (“Ineligible
Animals”):

6.5.1. Any Animal required to be impounded pursuant fo 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 afier 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
Town 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”):

7.4 Establish written intake/booking procedures (“Intake Procedure”) for the Town
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.

7.2 Create an intake form to collect information necessary to track Animal intake
(“Intake Form”) and provide Intake Procedure and Intake Form to Town.

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Town of Cave Creek Sheltering Services Agreentent

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

73

TA

75

7.6

77

78

7.9

710

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, §§ 1 1-1013(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 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 TOWN RESPONSIBILITIES
The Town agrees to perform the following services (“Town Services”):

8.1
8.2

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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 Cave Creck Shellering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

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, are 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 Deliver 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

Town Code § Chapter 90.

9.0 RECORDS

9.1

9.2

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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 Town attempts to return animal to Owner;

9.1.4 All 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
with the Arizona Public Records Act.

Town of Cave Creek Sheltering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

10.0

11.0

12.0

13.0

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 Bach 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.

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 TOWN OF CAVE CREEK

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Town of Cave Creck Sheltering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21BG047FCF2

Maricopa County Animal Care & Control Town of Cave Creek

c/o Al Aguinaga, Field Enforcement c/o Teresa Riza, Town Clerk
Division Manager 37622 N Cave Creek Rd
2500 S. 27th Avenue Cave Creek, AZ 85331
Phoenix, AZ 85009 triza@cavecreekaz.gov

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

ce:

Maricopa County Animal Care & Control
c/o Kristi McMahon, Finance Manager
2500 8. 27th Avenue

Phoenix, AZ 85009

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, negotialing, 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,

144 In the event of non-payment by Town, 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
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.

15.0 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

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Town of Cave Creck Sheltering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

16.0

17.0

18.0

19.0

20.0

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 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.

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, to the extent arising out of 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 afl instances, except to the extent of
Claims arising from the negligent or willful acts or omissions of the Indemnitee, be

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Town of Cave Creck Sheltering Services Agreement

DocuSign Envelope ID: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

21.0

22.0

23.0

24.0

25.0

26.0

indemnified by the Indemnitor against all Claims. The applicable Indemnitor shall 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 throughout the Term
of this Agreement, The acquisition of insurance or the maintenance and operation of a
self-insurance program may fulfill the insurance requirement. A Party may request from
the other Party a certificate of insurance documenting the insurance required by this Section
25.0, and in such case the requested Party shall deliver to the requesting Party such
certificate within thirty (30) days.

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 local
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 shail 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 Cave Creek Sheltering Services Agreement

DocuSign Envelope !D: 88CDCC70-7B16-4080-A20C-B21B0047FCF2

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 CAVE CREEK
By: by (i A

Bill Gakes Cnn (Prep
—daek-Setters, Chairman Ernie Bunch, Mayor

Maricopa County Board of Supervisors Town of Cave Creek

4/ 42

Date Date
Attest: awe Dg
“We
Juanita Garza, Clerk of the Board Teresa Yiza, Town of CaveGreek
eal 4 2059
Date Date

Approved as to Fornt.

Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S, § 11-952 (D) and
has determined it is in proper form and within the powers and authority granted under the laws of
this state 4o-shasGueawty and Town,

AECCAROA2ADAIA

Karen Hartman-Tellez, William J. Sims, Town Attorney

Maricopa County Deputy Attorney Attorney for Town of Cave Creek
4/12/2022 4/5/2022

Date Date

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Town of Cave Creek Sheltering Services Agreement

DocuSign Envelope |D: 88CDCC70-7B16-4080-A20C-82180047FCF2

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,

a ae Each jurisdiction's licensing revenue Ec compliance :
Cost piday Is = Is sed fo offset the sheltering cost.
$36 p/dog :

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)
7 S756 $21,365 $7,050 so

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Town of Cave Creek Sheltering Services Agreement