Loading...
HomeMy WebLinkAbout06/20/2006 Blue Sheet Animal Control IGA TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: June 20, 2006 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2006-86: Relating to Animal Control; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana. DISCUSSION The Town of Marana and Pima County have for many years had an on-going intergovernmental agreement for the provision of animal control services by Pima County within the town limits of Marana. All violations of the Town Code are cited into the Marana Municipal Court and prose- cuted by the Town's legal department. The town retains all fines imposed in those cases. Pima County Animal Control collects license and kennel fees for animals within Marana and ap- plies those fees to the cost to the Town for animal control services. Until 2005, the intergovernmental agreement provided for a $10,000 cap in the cost of services. Beginning with an amendment approved in 2005 due to a potential funding deficit, Pima County required modification of the financing provisions to account for and reconcile all receipts and expenses each fiscal year beginning in FY 2005-06. Under this intergovernmental agreement, if the Town disbursement exceeds the annual Town receipts, the Town will deposit funds sufficient to cover the Town deficit in the Pima County Rabies Control Fund within thirty days after an official request for funds is made. Should there be a Town surplus in the Rabies Control Fund, the surplus will be refunded to the Town. This intergovernmental agreement covers the period July 1,2006, to June 30,2008. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-86, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for Animal Control Services. A TT ACHMENT(S) Intergovernmental agreement with Pima County for Animal Control Services. SUGGESTED MOTION I move to adopt Resolution No. 2006-86. {00002256.DOC /} FJC/cds 6/13/06 MARANA RESOLUTION NO. 2006-86 RELATING TO ANIMAL CONTROL; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA. 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 Town limits; and WHEREAS, Pima County Animal Control will collect license and kennel fees for animals within the Town and apply those fees to the County's actual costs to provide animal control services for the Town, the difference being the responsibility of the Town; and WHEREAS, this intergovernmental agreement between the Town of Marana and Pima County will benefit the citizens ofthe 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, that the intergovernmental agreement between the Town of Marana and Pima County, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf ofthe Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives ofthe aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of June, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00002257.DOC /} FJC/cds 6/13/06 INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF MARANA, A MUNICIP AL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA. THIS Intergovernmental Agreement "AGREEMENT" is entered into on this _day of , 2006, by and between TOWN OF MARANA, a municipal corporation, hereinafter referred to as "TOWN" and Pima County, Arizona, a political subdivision of the State of Arizona hereinafter referred to as "COUNTY". 1. RECITALS: 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 Care Center, and is therefore presently able to provide assistance and services to the TOWN for animal control purposes and; WHEREAS, pursuant to the provisions of A.R.S. ~ 11-951 et. seq., the TOWN and COUNTY are expressly authorized to enter into an intergovernmental agreement to provide such servIces. 1 NOW, THEREFORE, the TOWN and COUNTY, pursuant to the TOWN's Resolution No. and the COUNTY's Resolution No. , do hereby agree as follows: II. PARTIES OBLIGATIONS: 1. The County Enforcement Agent, herein designated by COUNTY to be Pima Animal Care Center, and all employees thereunder, shall be referred to herein as "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 purpose of this Agreement, that certain Ordinance known as the Town of Marana Animal Control Ordinance is hereby adopted and made a part of this Agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents shall be granted those limited police powers necessary to carry out duties imposed by this Agreement, together with any powers 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 Pima Animal Care 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. Such scope of 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 9f the Marana Animal 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, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its purposes. 2 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 required under the Marana Animal Control Code and/or state statutes, including but not limited to A.R.S. ~ 11-1101 et. seq. Said funds are 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 the estimated 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 Care 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 employees' 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, and internal accounting. The TOWN in no way controls, directs or supervises the actions of the COUNTY under this Agreement. 12. Each Party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other Party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 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: 3 (a) Pima County Health Care System; (b) Pima County Health Department; (c) Pima County Facilities Management Department; (d) Pima County Automotive Services Department; (e) Pima County Transportation & Flood Control Department; (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, disbursement and a projected year end balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursement exceeds the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover the TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. Should there be a TOWN surplus in the Pima County Rabies Control Fund, such surplus shall be refunded to the TOWN. The procedure set forth herein shall be followed for each year during the term of this Agreement beginning with the Fiscal Year from July 1, 2006 through June 30, 2007. III. DURATION AND EFFECTNE DATE: 15. The term of this Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2008. 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. N. APPLICABLE LAW: 17. This Agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulation. The 4 Parties hereto shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. V. TERMINATION: 18. The Agreement may be terminated by either Party, with or without cause, upon sixty (60) days written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Care Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Care Center shall tender payment of any surplus. VI. ASSIGNMENT: 19. Any assignment or attempted assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. VII. NON-WAIVER: 20. The failure of either Party to insist upon the 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 constitute 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 constitute an accord and satisfaction. VIII. CONFLICT OF INTEREST: 21. This Agreement is subject to the provisions of A.R.S. S 38-511. 5 IX. NON-APPROPRIATION: 22. 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. X. AMERICANS WITH DISABILITIES ACT: 23. The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 D.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XI. NON- WARRANTY: 24. 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. XII. WORKERS' COMPENSATION 25. Each Party shall post the notices reqUIre by A.R.S. S 23-1022(E) advising employees who provide services pursuant to this agreement that they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. XIII. ENTIRE AGREEMENT: 26. 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. 6 IN WITNESS WHEREOF, we have hereunto set our hands this day of 2006. PIMA COUNTY TOWN OF MARANA, a Municipal Corporation. By: By: Mayor Richard Elias, Chairman Board of Supervisors ATTEST ATTEST By: Clerk of the Board By: Town Clerk By: Dennis W. Douglas, Director Pima County Health Department This intergovernmental Agreement which is a contract 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 in proper form and is within the powers and authority granted under the laws of the State of Arizona. 7 O'!:~'l-oc.