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HomeMy WebLinkAboutResolution 96-051 IGA with pima county for animal control MARANA RESOLUTION NO. 96-51 A RESOLUTION OF TBE TOWN COUNCIL OF THE TOWN OF MARANIA, ARIZONA AUTHORIZING TEE TOWN TO E]NTER INTO A.N1 LN-I"ERGOVERNI-METNITAL AGREE,)VMN,7 WITH PDvfA COUNTY ANDvfAL CONTROL PROVIDING FOR A.NDvfAL CONTROL SERVICES. WHEREAS, the Town of ',?vfarana, in the interests of public safety, is im need of animal control services to enforce the Marana Town Code as it relates to animal control; and WHEREAS, Pima County has trained personnel capable of enforcing the Marana Town Code as it relates to animal control and has faci1ities for the impoundment and sheltering of strav animals; and W"BEREAS, the Town of Marana originay entered into an Intergovernmental Agreement for Animal Control Services in 1994 and such Interaovernmental Azi-eement expires on June 30, 1996; and WEEREAS, it is in the best interests of the citizens of the Town of I arana that the to M wn renew the Intergovernmental A eement allowing Marana to coope ate with Pima Counq . r v Animal Control in providing for animal control services within the Town of Marana. NOW, TBEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Mayor is authorized to execute'the Inter' 'overnmental Aueement between the Town of Marana and Pima County for the provision of Animal Control Services. PASSED AND ADOPTED by thelMayor and Council of the Town of Marana, Arizona- this I Sth day of June, 1996. 7 )6,2 Mayor ED HONEA AAPPROVVED AS TO FORM: D AS T Daniel J. Hochul-i Town Attorney 'A--UL. Aji=na lmoluti r (? 36 W06 2684 Page I of I L 1'?4 A Z 85 7 0 1 .'MOUNT PAID $ RESOLUTION NO. 1996 - -181_ ? RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, APPROVING AND AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS AS FOLLOWS: SECTION 1: That the execution of the Intergovernmental Agreement between Pima County and the Town of Marana relating to the aninial control services is hereby authorized and approved. SECTION 11: That the purpose of this Agreement is to provide animal control services to tile I Town of Marana oil a reimbursement basis, and to grant limited police powers to the County Enforcement Agent within die boundaries of die Town of Marana.. SECTION III: That die Intergovernmental Agreement shall become effective upon the date a fully executed copy is filed with Pinia County Recorder's Office or the Secretary Of State, as applicable. SECTION IV: That tile Chairman of die Board of Supervisors, Paul Marsh, is hereby authorized and directed to execute said Agreement oil behalf of Pinia County. SECTION V: That the various County officers and employees be and hereby are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED AND ADOPTED THIS 17th day of Sept. , 1996. A17 aS B By: y, v. ane S. Wi ianis, Clerk.()f fl)e Board A P P ROVED A TO FORM. y: Deputy Coull tto PIMA COUNTY BOARD OF SUPERVISORS By: _ K I &I I?Zeel ;?a . - Faul Marsh, Chlirman 4.5o 10386 2683 I CONTRACT IN'TERGOVERNNIENTAL AGREEMENT FOR ANIINIAL C PURSUANT TO A.R. S. § 11 -95 1, ET SEQ. BY AND BETWI NNLAR.ATNA, A k[UNICIPAL CORPORATION AND PIMA A POLITICAL SUBDIVISION OF THE STATE OF ARIZ( ANIN,I.A,L CONTROL. No. ? TN ,A M, MENOD M N C I L RVICES ust appear on all MotAqua;ondence, and ?WZph"?ning to this btAOMCATM TO THIS AGREEiMENT made and entered into this I Y day of ? 1996? by and oq--? - between the TOWN OF MARANA, a municipal corporation (hereinafter "TOWN"), and Pima County, Arizona, a political subdivision of the State of Arizona (hereinafter "COL NITY"), for the purpose of entering into a cooperative effort for the provision of animal control services between Pima County, through the Pima Animal Control Center, and the Town of iMarana for the enforcement of the Town of Marana Animal Control Code. WITNESSETH: WHEREAS, the Town Council of the TOWN desires to enter into an agreement with the COUNITY for the provision of animal control services relating to enforcement of leash law ordinances, biting do- ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; 0 WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals- WHEREAS, the COUNTY is encra-ed in certain activities relatine, to the operation of a 1.7 In 0 COUNTY pound, vaccination and rabies control, stray animal impoundment, including an animal control center, and is therefore presently able to provide assistance and services to the TOWN for animal control; and WHEREAS, in accordance with A.R.S. § 11-951 et seq., the TOWN and COUNTY are expressly authorized to enter into intergovernmental aareements, IP C, NOW, THEREFORE, THE TOWN AND COUNTY DO HEREBY AGREE: I . The County Enforcement Agent, hereinbefore designated by the Pima Countv Board of ID Supervisors to be the Pima Animal Control Center, and all employees thereunder, be named "Town Enforcement Agents." 2. The Town Enforcement Aorent shall administer and enforce the provisions of the Marana Animal Control Code, state and county law, and all services related thereunder, including such amendments to said codes as may be passed from time to time. --Pao,e I -- Z) 10386 2685 3. For the purposes of this agreement, that certain ordinance know as the Town of Marana Animal Control Code is hereby adopted and made a part of this agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents are, pursuant to this agreement, granted those limited police powers necessary from time to time to carry out duties imposed by this agreement, together with any and all such further powers as may be necessary for such agents to engage in the I I vaccination, licensing, and other activities arisin- from their duties as Town Enforcement Agents. I -- 5. It is further aoreed that the scope of services of this enforcement program as set forth in Exhibit "A" attached hereto, shall be carried out in accordance with the desires of the COUNTY and TONk N, as such desires may be expressed from time to time by the Pima County Board of Supervisors or the Town Council of Marana. The scope of service requirements shall be reviewed annually during the TOWN budget process and service level requirements shall be revised, if necessary, in accordance with availability of funds allocated for animal control purposes by the TONN Nt. Any such revision shall be in the form of an amendment to this agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Marana Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Marana Animal Control Code, as amended, pursuant to this agreement. All fines collected by the Marana Magistrate 0 Court as a result of the enforcement of the Marana Animal Control Code, as amended, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its own purposes. 7. The Town Enforcement Agent, acting under this acrreement, shall collect animal licensinc, and kennel fees and such fees as may be rendered applicable under the Marana Animal Control Code and/or state or county ordinance, including but not limited to A.R. S. § I I - I 10 1 et. seq., said funds 0 to be credited to the TOWN for costs incurred pursuant to this agreement. 8. The COUNTY shall, before the beginning of the COUNTY fiscal year, submit to the TOWN a copy of the proposed succeeding fiscal year operating and capital outlay budget by jurisdiction, including but not limited to estimated of income from all fees, licenses and charges by Z- jurisdiction and estimated TOWN contributions to the Animal Control budget, if any. TOWN contributions shall be paid on an annual basis as hereinafter set forth. 9. The TOWN shall be extended complete cooperation and access to all documents relating I to the Pima Animal Control Center. --Pa(),e 2-- 10386 2686 10. Persons employed by the COUNTY in performance of services and functions pursuant to this agreement shall have no claim to pension, civil service or other employee rights granted by the TOWN to its officers and employees. 11. The parties stipulate and agree that COUNTY is not an employee of the TOWN, and is performing its duties hereunder as an independent contractor, supplying its own employees, and maintaining its own insurance, worker's compensation insurance, and handling all of its own internal accountincy. The TOWN in no way controls, directs or has any direct responsibility for the actions of the COUNTY herein. The COUNTY shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and the Americans with Disabilities Act, and shall indemnify and hold harn-dess the TOWN for any liability arising from failure of the COUNTY to comply with said acts. Said indemnification to include costs of suit pursuant to Paragraph 12 of this Agreement. 12. The COUNTY shall indemnify, defend and hold harmless TOWN, its officers, departments, employees and agents from and a., gainst any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of COUNTY, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Aureement. 13. The COUNTY, through its Community Prevention and Public Health Director, shall submit to the TOWN on an annual basis, prior to June '30, a statement of year-to-date receipts, disbursements and balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursements shall exceed the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover such TOWN deficit in the Pima County Rabies Control Fund within thirty (3 ) 0) days after official request for funds. In no event shall the total obligations of the TOWN, prior to any credit as allowed herein or otherwise, for any fiscal year, exceed the sum often thousand dollars ($10,000.00). Intheeventthat the disbursements by the COUNTY for the TOWN for any fiscal year exceed the sum of ten thousand (S 10,000. 00) dollars, the county shall set the amount due at ten thousand dollars, and shall deduct from that amount, any receipts and credits as provided herein. In the event this paragraph must apply to a partial year, such as the first year of this agreement, the ten thousand dollar cellino, shall be prorated for Such year. --Pa(-,e 3-- 10386 2687 Should there be no TOWN deficit for a particular year, the TOA NI surplus in the Pima County Rabies Control Fund shall be credited to the following year, to be treated as part of TOWN receipts in the calculation of a TOWN deficit, if any, for the next year. The procedure set forth herein shall be followed for each year during the term of this a,,reement. Should a TOWN surplus in the Pima County Rabies Control Fund result from the calculations made at the conclusion of the final period-end of this agreement, an amount equal to such a TOWN surplus shall be returned to the TOWN by the Pima Animal Control Center within thirty (3 )0) days. 14. The terms of this agreement shall become effective upon recordation with Pima County Recorder's Office, and shall continue until June 30, 1998. 15. This agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any firnitation imposed by budget law or other applicable state or local law or regulation. 16. This aoreement may be terminated by either party upon six (6) months written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Control Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Control Center shall tender payment of any surplus. 17. Any assignment or attempted assignment of this Agreement by either party without the prior written consent of the other party shall be void. 18. The failure of either party to insist on any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, 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 covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. 19. Pursuant to A.R. S. § 3 ) 8-5 11, the state, its political subdivisions or any department of either, may, within three years after its execution, cancel any contract, without penalty or further obli-ation, made by the state, its political subdivisions, or any of the departments or acrencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract Z_ 0 1-:1 on behalf of the state, its political subdivisions or any of the departments or a(yencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. --Page 4-- 1,0386 2688 20. The parties hereto shall comply with all applicable federal, state and local statutes, ordinance5 and regulations. IN WITNESS VvTIEREOF, we have hereunto set our hands this 17 day of SgPtgibar-.,?19-96 1996. Pfc\,,fA COUNTY BOARD OF SUPERVISORS ATTEST: j Xf )LE F THEPOARD- By: ala4,41 CHAIRMAN cp-L'11 TOWN OF MARANA, a municipal corporation, MAYOR T10 contract which is an agreement between public agencies has been reviewed pursuant to A.R.S.YII-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is proper form and is within the powers and authority granted under the laws of the State of Arizona. B y: g-z6j- - DEPUTY COU?(fY AyKORNEY B yv:: OWN ATTORINTY --Pa,1,,e 5-- 1 1.0386 2689 "EXHIBIT A" SCOPE OF ANIMAL CONTROL SERVICES FOR THE TOWN OF MARANA FY 93/94: ESTLMATED WORKLOAD AND COSTS FOR ENFORCEMENT AND SHELTER SERVICES TYPE/ACTFVITY EST. WORKLOAD EST.COST ANIMAL BITES 15 CASES $1,17-3.00 BITING DOG I CASE $ 289.00 DOGS AT LARGE 120 CASES $2,775.00 NUISANCE/Nl[ISC. 35 CASES $1,203.00 ANIMALS IMPOUNDED 87 ANIMALS $1,607.00 EUTHANASIA SERVICE 58 ANIMALS $ 530.00 ENFORCEMENT & SHELTER COSTS $7,577.00 ESTIMATED WORKLOAD AN D COSTS FOR LICENSING A ND GENERAL PUBLIC SERVICES- TYPE/ACTIVITY EST. WORKLOAD EST. COST LICENSE PROCESSING 449 LICENSES $1,282.00 ADOPTION/REDEMPTIONS 28 ANIMALS S 514.00 DEAD ANIMAL REMOVAL 22 CALLS $ 245 00 PUBLIC ED/RELATIONS 2 ENC. . $ 68.00 LICENSING & GENERAL SERVICES COSTS $2,109.00 ESTIMATED TOTAL COSTS $9,686.00 --Pa-e 6-- L0386 2690