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HomeMy WebLinkAboutResolution 98-070 IGA with pima county for animal control servicesMARANA RESOLUTION NO. 98-70 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTiNG AND AUTHORIZING THE APPROVAL OF AN iNTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES BY PIMA COUNTY ANIMAL CONTROL WITHIN THE TOWN LIMITS OF MARANA, ARIZONA. WHEREAS, the Town has been a party to an intergovernmental agreement with Pima County for many years authorizing the County to perform all animal control services within the to;vn limits; and WHEREAS, the Pima County Animal Control ;viii collect license and kennel fees for animals within the Town and apply those fees to the cost to the Town for animal control services and the difference, not to exceed ten thousand ($10,000.00) dollars per year, is the responsibility of the Town; and WHEREAS, acceptance of the Intergovernmental A~eement between the Town of Marana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and ~iuthorizing the approval of an Intergovernmental Agreement between the Town of Marana and Pima County for the provision of Animal Control Services by Pima County Animal Control xvithin the town limits of Marana, Arizona. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Intergovernmental Agreement on behalf of the Town of Marana. Marana, Arizona Resolution No 98-70 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16~h day of June, 1998. ,r ATTEST:?~__.. - ' APPROVLrD AS TO FORM: Tow~ At May~r ORA MA(H~ Marana, Arizona Resolution No 98-70 Page 2 of 2 ANN RODRIC RECORDER RECORDED BY: jEb DEPUTY RECORDER P0230 2012 ROOD PIMA CO CLERK OF THE BOARD PICKUP TUCSON Az 85701 RESOLUTION NO. 1998 194 , 'T: PAGE: 10915 NO- OF PAGES: 945 SEQUENCE: 10 19981920317 RES 11/03/98 14:52 PICKUP AMOUNT PAID $ 0.00 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, ARIZONA AND THE TOWN OF MARANA FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN LMTS OF MARANA, ARIZONA. WHEREAS, Pima County, Arizona has established and operates a facility known as the Pima Animal Control Center located at 4000 North Silverbell Road, which facility functions as a County dog pound for the impoundment of live animals and the- disposal of dead animals, and which facility presently employs trained personnel familiar with matters of animal impoundment and dead animal disposal; WHEREAS, the Town of Marana is currently lacking similar or suitable facilities for the provision of animal control services; WHEREAS, it is in the best interest of Pima County, Arizona and Town of Marana for the Pima Animal Control Center to provide certain animal control services to the Town of Marana, and to enter into an Intergovernmental Agreement for that purpose pursuant to AR.S. § 11-951 g "se . WHEREAS, the Mayor and Council of the Town of Marana did on the 16thday of June, 1998 authorize the execution of said Intergovernmental Agreement by Resolution No. 98-70. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: Section 1. That it is necessary to enter into an Intergovernmental Agreement to provide the services of the Pima Animal Control Center to the Town of Marana.- Section 2. That the Chairman of the Pima County Board of supervisors is hereby authorized and directed to sign said Inter overnmental Agreement, a copy of which is 9 attached hereto. Section 3. That the various Pima County officers and employees be and hereby are authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. 10915 945 PASSED, ADOPTED, AND APPROVED by the Pima County Board of Supervisors, this __Q6 day of Dr tabem, 1998. PUAA COVNTY B0,AjkD 0 71UPERVISORS By: I k- "% ?an Mike Boyd, Ch i an OCT 0 6 !998 A AT?A?ST. TTEST: Lori Godoshian, Clerk of the Board of Supervisors 0;APPROVEEDD AS TO FORM: m 0 M 0 S To FOI, th LaMartinnaa Deputy County Attorney L-- 10915 946 CONTRACT NO. W-0/ -Of - /45_/?__7 - A N1 E N M, E N T N 0. INTERGOVERNMENTAL AGREEMENT FOR A] 4MAlbu rTCONTROL appear on all SERVICES PURSUANT TO A.R.S. § 11-951 ET SEQ. . 0 . BEMEWdence, and THE TOWN OF MARANA, A MUNICIPAL CORPO rq 4Y AN b XNDp ?MTng to this COUNTY, ARIZONA, A POLITICAL SUBDIVISIONSIff'-sTATE OF ARIZONA RELATING TO ANIMAL CONTROL. THIS AGREEMENT made and entered into this J? day of 9Z /I _X? 1 1998, by and between the TOWN OF MARANA, a municipal corporation (hereinafter "TOWN"), and Pima County, Arizona, a political subdivision of the State of Arizona (hereinafter "COUNTY"), 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 Marana for the enforcement of the Town of Marana Animal Control Code. W I T N! S E T H. WHEREAS, the Town Council of the TOWN desires to enter into an agreement with the COUNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; 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 engaged in certain activities relating to the operation of a 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 agreements to provide such services. 10915 947 --Page I— Control Code, as amended, pursuant to this agreement. All fines collected by the Marana Magistrate 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 Agents, acting under this agreement within the jurisdictional limits of the TOWN, shall collect animal licensing and kennel fees and such fees as may be rendered applicable under the Marana Animal Control Code and/or state or county laws, including but not limited to A. R. S. § 11 - I 10 1 et. seq., said ftinds 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 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 to the Pima Animal Control Center. 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 accounting. The TOWN in no way controls, directs or has any direct responsibility for the actions of the COUNTY herein. 10915 949 --Page 3-- NOW, THEREFORE, THE TOWN AND COUNTY pursuant to the TOWN's Resolution No. 98-70 and the COUNTY's Resolution No. djUo do hereby agree as follows: 1. The County Enforcement Agents, herein designated by the Pima County Board of Supervisors to be the Pima Animal Control Center, and all employees thereunder, be named "Town Enforcement Agents." 2. The Town Enforcement Agents shall administer and enforce the provisions of the Marana Animal Control Code, applicable state laws, and all services related thereunder, including such amendments to said laws as may be passed from time to time. 3. For the purposes of this agreement, that certain ordinance known as the Town of 7 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 vaccination, licensing and other activities arising from their duties as Town Enforcement Agents. 5. The services performed under this agreement shall be carried out in accordance with the Pima County Animal Control Center Policies and Procedures and the desires of the COUNTY and TOWN 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 TOWN. Any such revision shall be in the form of a written 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 --Page 2-- 10915 948 The COUNTY shall ftwther 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 harmless 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 and the TOWN shall indemnify, defend and hold harmless each other, each other's officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damagqs of any kind or nature arising out of this Agreement which are attributed to any intentional or negligent act or omission of the Indemnitors agents, -employees, or anyone acting under its direction, control or on its behalf. 13. The cost of services charged to TOWN by COUNTY under this Agreement shall include those costs associated with the use and access to certain departments within the COUNTY by the Town Enforcement Agents, which use and access is necessary for the performance of services and functions pursuant to this Agreement, including but not limited to: a) Pima County Health Care System; and b) Pima County Health Department; and C) Pima County Facilities Management Department; and d) Pima County Automotive Services Department; and e) Pima County Transportation & Flood Control Department; and f) Wastewater Management Department; and g) Pima County Information Services Department. 14. The COUNTY, through its Health Department 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 10915 950 --Page 4-- sufficient to cover such TOW'N deficits in the Pima County Rabies Control Fund within thirty (30) 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 of ten thousand dollars ($10,000-00). In the event that the disbursements by the COUNTY for the TOWN for any fiscal year exceed the sum of ten thousand ($10,000.00) dollars, the COUNTY shall limit the amount due at ten thousand ($10,000.00) dollars for that fiscal year, 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 ($10,000.00) dollar ceiling shall be prorated to the sum of eight hundred thirty-three ($833.00) dollars per month for each month in which services were provided for such years. Should there be no TOWN deficit for a particular year, the TOWN 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 vear during the term of this agreement. 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 (30) days. 15. The terms of this agreement shall become effective upon recordation with Pima County Recorder's Office, and shall continue until June 30, 2000. 16. This Agreement may be renewed for an additional term of two (2) years upon mutual agreement of the Parties, effective upon filing the original executed renewal agreement with the Pima County Recorder's Office. 17. This agreement and all obligations upon the COUNTY or TOWN arising therefrom 0 shall be subject to any limitation imposed by budget law or other applicable state or local law or regulation. --Page 5-- 10915 951 18. This Agreement 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. 19. Any assignment or attempted assigrunent of this agreement by either party without the prior written consent of the other party shall be void. 20. The failure of either party to insist 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 coveLnt 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. 21. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any department of either, may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies 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. 22. The parties hereto shall comply with all applicable federal, state and local statutes, ordinances and regulations. 23. Notwithstanding any other provisions in this agreement, this agreement may be terminated with or without sixty (60) days notice if the County Board of Supervisors does not appropriate sufficient funds for the purpose of maintaining this Agreement. --Page 6-- 10915 952 24. This document contains the entire agreement between the Parties and it may not be modified, amended, altered or extended except by a written amendment executed by both Parties. 25. The Parties do not warrant their respective right or power to enter into this agreement and if the same is declared null and void by court action initiated by third persons, there shall be no liability to the other Party by reason of such action or by reason of the agreement. IN WITNESS WHEREOF, we have hereunto set our hands this 6 t h day of October , 1998. ATTEST.. CLERK'OP THE OA 'OP'rHP- OA1ZD RD HEA4LTHD'PARTMENT DIRECTOR TOWN OF MARANA, a municipal corporation, ATTEST- PIMA COUNTY BOARD OF SUPERVISORS By: C H AAI R M 1AANN T 0 ou 0 REVIEWED BY: RICHWiLl C? D., CEO Piris -:am By: Ora Mae Harn, MAY R P,K --Page 7-- 10915 953 This contract which is an agreement between public agencies has been reviewed pursuant to A.R.S. § 11-951 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. By?' Daniel J. Hochuli, TOWN ATTORNEY "I --Page 8-- 10915 954