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HomeMy WebLinkAboutResolution 2012-035 approving IGA with Pima County for Animal ControlMARANA RESOLUTION NO. 2012-35 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 animal control services within the Town limits; and WHEREAS pursuant to the agreement, Pima Animal Care Center collects license and kennel fees for animals within the Town and applies 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 renewal of this intergovernmental agreement 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, 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 of the 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 of the aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2012. , Mayor Fl,d Honea K ATTEST: OF ocelyn . Bronson, Town Clerk g bZ CORPOR41 F l y APPROV AS O FORM:' A. r Cassidy, Town A„t orney Marana Resolution No. 2012 -35 JF 519112 CONTRACT NO, mom AMENDMENT NO. This number must appear on all invoices, correspondence and documents pertaining to this Contract. INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF MARANA AND PIMA COUNTY This Intergovernmental Agreement ( "Agreement") is entered into between the Town of Marana, a municipal corporation, hereinafter referred to as "TOWN ", and Pima County, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY ". I. RECITALS: WHEREAS, the Town Council of the TOWN desires to enter into an Agreement with COUNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; and 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; and 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, in accordance with A.R.S. §11 -951 et. seq., the TOWN and COUNTY are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, the TOWN and COUNTY 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. Town of Marana - PACC 2012.doc 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 of 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. 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 --1011 et. seq. All licensing, impound, adoption and other fees as may be required under the Marana Animal Control Code and state statutes collected by COUNTY on TOWN's behalf shall be credited in their entirety to the TOWN and applied to TOWN's expenses incurred pursuant to this Agreement. 8. TOWN'S expenses for licensing, kennels and enforcement services and associated administrative costs provided by COUNTY pursuant to this Agreement shall be determined by the ratio of receipts processed, animals handled and enforcement calls completed by COUNTY for TOWN to the total licensing, kennel and enforcement services processed by COUNTY. 9. The TOWN shall be extended cooperation and access to documents relating to the Pima Animal Care Center's operations in TOWN. 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. 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 `Down of Marana - 'ACC 20 12.doc 2 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; (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 13. The COUNTY shall credit the monies collected on the TOW N's behalf under paragraph 7 of this Agreement to the Pima County Rabies Control Fund, as established pursuant to A.R.S. § 11 -1011. 14. During the term of this Agreement, the COUNTY, through its Health Department Director, shall submit to the TO" on quarterly basis a statement of year -to -date revenues and expenses for the TO)AN pursuant to this Agreement and year -to -date revenues and expenses for the Pima County Rabies Control Fund. The quarterly statements shall include the following: a. By jurisdiction, a statement of period -end and year -to -date revenues and expenses b. By jurisdiction, the number and types of receipts issued, the number of animals handled, the number of presentations made to community and school organizations for which the TOWN is financially responsible pursuant to paragraph 19 below, and the number of dispatched enforcement calls C. The total Pima County Animal Care adopted budget, including operating revenues by revenue source and operating expense by type of expense d. The projected year-end balance for the Pima County Rabies Control Fund, including any projected surplus or deficit for the TOWN 15. COUNTY will also provide TO" with a final reconciliation and Financial Report for the Pima County Rabies Control Fund on or before September 30 for the fiscal year covered by this Agreement. This report shall contain the same information enumerated in paragraph 14 of this Agreement. 16. COUNTY will also provide to TO" on a quarterly basis a data extract or extracts in an agreed upon file layout containing detailed information regarding records of requests for services and records of revenue attributed to TOWN. This report shall include the following: a. Dates of dispatched enforcement calls b. Activity types of dispatched enforcement calls (e.g., leash law, stray) Town 01' M arana - I'ACC 20 l 2. doe 3 C. Physical address of response site d. Dates of issuance of licenses e. Types of licenses issued f Payment received for each license issued 17. If TOWN expenses exceed TOWN revenues for a given fiscal year, TOWN shall remit payment in the amount of the revenue deficit to COUNTY for deposit in the Pima County Rabies Control Fund within thirty (30) days after TOWN's receipt of COUNTY's final reconciliation and Financial Report, as described in paragraph 15 of this Agreement. Interest at the legal rate of ten per cent per annum, as stated by A.R.S. § 44- 1201 shall accrue on any balance not paid within this time period, unless the TO" submits a written notice to COUNTY disputing the amount due within 30 days after TOWN's receipt of COUNTY's final reconciliation and Financial Report. Upon receipt of the TOWN's written notice, the COUNTY and the TOWN shall work cooperatively to reach prompt resolution of the dispute. 18. If TOWN revenues collected exceed TOWN expenses for a given fiscal year, COUNTY shall refund the surplus amount to TOWN within thirty (30) days after TOWN's receipt of COUNTY's final reconciliation and Financial Report, as described in paragraph 15 of this Agreement. 19. COUNTY shall not bill TOWN and TOWN shall not be responsible for the cost of outreach and education events performed by COUNTY in the TOWN'S corporate limits unless the outreach and education event is specifically requested by and held for TOWN. All other outreach and education events, such as school events, are not the financial responsibility of TOWN. III. DURATION AND EFFECTIVE DATE: The term of this Agreement shall become effective July 1, 2012 and shall continue until June 3 0, 2014. IV. WORKERS' COMPENSATION: Each Party shall comply with the notice provisions of A.R.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. V. INDEMNIFICATIONN: 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 Town of` Marana - PACC 2012.doc 4 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. VI. NON - DISCRIMINATION: The Parties agrees to comply with all provisions and requirements of Arizona Executive Order 2009 -09 including flow down of all provisions and requirements to any subcontractors. Executive order 2009 -09 supersedes Executive order 99 -4 and amends Executive order 75 -5 and may be viewed and downloaded at the Governor of the State of Arizona's website htt : / /www.az goveri ov /dm ad/E0 2009 09 . dl' which is hereby incorporated into this Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin. VII. AMERICANS WITH DISABILITIES ACT: The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR. Parts 35 and 36. VIII. APPLICABLE LAW: 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 Parties hereto shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. IX TERMINATION: This 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 (3 0) 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. X. ASSIGNMENT: Any assignment or attempted assignment of this Agreement by either Party without the prior written consent of the other Party shall be void. XI. NON- WAIVER: 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 tale 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. Town of Marana - I'ACC 2012.doc 5 The acceptance by either Party of suns less than may be due and owing it at any time shall not constitute an accord and satisfaction. XII. CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.I .. S § 38-51 L XIII. NON - APPROPRIATION: Notwithstanding any other provisions in this Agreement, this Agreement may be terminated with or without sixty (60) days notice if the Pima County Board of Supervisors or the Marana Town Council does not appropriate sufficient funds for the purpose of maintaining this Agreement. XIV. NON-WARRANTY: 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. XV. NOTICES: Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by personal delivery or by certified mail upon the other party as follows: COUNTY Director Pima County Health Department 3950 S. Country Club, Ste. 100 Tucson, AZ 85714 TOWN OF MARANA Mayor Town of Marana 11555 W. Civic Center Dr. Bldg. Al Marana, AZ 85653 (520) 382 -1999 XVI. LEGAL ARIZONA WORKERS .ACT COMPLIANCE: TOWN hereby warrants that it will at all times during the term of this Contract comply with all federal immigration laws applicable to TOA N' S employment of its employees, and with the requirements ofA..R.S. § 23 -214 (A) (together the "State and Federal Immigration Laws "). TOWN shall further ensure that each subcontractor who performs any work for TOWN under this Contract likewise complies with the State and Federal Immigration Laws. COtJNTY shall have the right at any time to inspect the boobs and records of TOWN and any subcontractor in order to verify such party's compliance with the State and Federal Immigration Laws. 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