HomeMy WebLinkAboutResolution 2014-082 IGA Agreement with Pima County RE Animal ControlMARANA RESOLUTION NO. 2014-082
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 part to an inter a with Pima
Count for man y ears, authorizin the Count to perform animal control services within the
Town limits and
WHEREAS pursuant to the a Pima Animal Care Center collects license and
kennel fees for animals within the Town and transmits those fees to the Town, and then Count
bills the Town for the Count actual costs to provide animal control services for the Town and
WHEREAS renewal of this inter a between the Town of Marana
and Pima Count 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 inter a between the Town of
Marana and Pima Count attached to and incorporated b this reference in this resolution as
Exhibit A is hereb approved, and the Ma is hereb authorized and directed to execute it for
and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Mana and staff are hereb directed and
authorized to undertake all other and further tasks re or beneficial to carr out the terms,
obli and objectives of the aforementioned inter a
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL 0 THE TOWN OF
MARANA, ARIZONA, this 9th da of September, 2014.
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Ma Ed Honea
ATTEST:
Z ocel y n ronson, Town Clerk
APPROVEaAS TO FORM:
raDX Cassio, Town Attorne,
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CONTRACT
NOZI Wee A00 0 0
AMENDMENT NO.
This number must appear on all
Q and
INTERGOVERNMENTAL Aertainin to this
BETWEEN contract.
PIMA COUNTY AND THE TO - ---OF
This Inter A ("A is entered into between the Town of
Marana, a municipal corporation, hereinafter referred to as "TO"", and Pima Count a political
subdivision of the State of Arizona, hereinafter referred to as "COUNTY".
T. RECITALS
WHEREAS, the Town Council of the TOWN desires to enter into an A
with COUNTY for the provision of animal control services relatin to enforcement of leash law
ordinances, bitin do ordinances, animal cruelt ordinances and to provide for the impoundment
and shelterin of stra animals and
WHEREAS, the COUNTY has trained personnel capable of enforcin the TOWN
Animal Control Ordinances and has facilities for the 'impoundment and shelterin of stra animals
and
WHEREAS, the COUNTY is en in certain activities relatin to the operation
of a COUNTY pound, vaccination and rabies control, stra animal impoundment, includin an
Animal Care Center, and is therefore presentl able to provide assistance and services to the
TO" for animal control purposes and
0 -951 et. se the TOWN and COUNTY
WHEREAS, in accordance with A.R. S. § I I
are authorized to enter into this Inter A
NOW, THEREFORE, the TOWN and COUNTY a as follows:
11. PARTIES' OBLIGATIONS
1. The Count Enforcement A herein desi b COUNTY to be Pima Animal
Care Center, and all emplo thereunder, shall be referred to herein as "Town Enforcement
A
2. The Town Enforcement A shall administer and enforce the provisions of the
Marana Animal Control Code, applicable state laws and all services related thereunder, includin
such amendments to said laws as ma be passed from time to time.
3. For the purpose of this A that certain Ordinance known as the Town of
Marana Animal Control Ordinance is hereb adopted and made a part of this A b
reference as if specificall set forth herein.
4. The Town Enforcement A shall be g ranted those limited police powers necessar
to carr out duties imposed b this A to with an powers necessar for such
a to en in the vaccination, licensin and other activities arisin from their duties as Town
Enforcement A
5. The services performed under this A shall be carried out in accordance with
Pima Animal Care Center Policies and Procedures, and the desires of the COUNTY and TOWN
Town of Marana PACC 2014
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. 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. The TOWN'S expenses for licensing, kennels, enforcement and education specifically
requested by and held for TOWN shall be allocated by the year -to -date ratio of licenses processed,
animals handled, enforcement calls completed, and events held for the jurisdiction, to the total
mentioned services processed by COUNTY. The administrative expenses shall be allocated based
on the average ratios of the year -to -date percentages of the total licensing, kennels and
enforcement expenses of COUNTY. The TOWN'S expenses for the Spay/Neuter program will be
allocated based on a fixed per capita percentage by jurisdiction.
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
by the Town Enforcement Agents, which use and access is necessary for the performance of
services and functions pursuant to this Agreement.
13. All payments received from constituents on behalf of the TOWN will be deposited
daily with the Pima County Treasurer's Office into a Fiduciary Agency Account and COUNTY
will instruct the Pima County Treasurer's office to remit to TOWN all revenues collected on
behalf of the TOWN on a monthly basis. Any interest earned on the Account shall be credited to
the TOWN. The COUNTY will bill the TOWN monthly for actual costs incurred on behalf of the
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TOWN. Payments are due within thirty (30) days of invoice date. Interest at the rate of 10% per
annum will accrue on any outstanding invoice(s) greater than 30 days. Monthly billing
information will include the following:
a. By jurisdiction, a statement of period -end and year -to-date receipts, disbursements,
and the balance of the County Rabies Control Fund.
b. By jurisdiction, the number and types of dog licenses issued, the number of calls
that resulted in a response from the Pima Animal Care Center, the number of
animals processed at the shelter, the number of school presentations provided
within the TOWN for which TOWN is financially responsible pursuant to
paragraph 18 below, and the number of school children within the TOWN
attending the presentations.
C. The total Pima County Animal Care adopted budget, including operating revenues
by revenue source and operating expense by type of expense.
d. The total Spay/Neuter period -end expenses with the allocation based on a fixed per
capita percentage.
e. The projected year -end balance for the Pima County Rabies Control Fund,
including any projected surplus or deficit for the TOWN.
14. Address Audit. The COUNTY will perform an address audit to verify jurisdictional
information, at least quarterly. Any adjustments resulting from the audit will be processed as
needed. If the outcome results in additional:
a. Funds being due to TOWN, the COUNTY shall notify the TOWN in writing and
shall remit the additional funds to the TOWN within thirty (30) days following the
end of the quarter.
b. Expenditures for the TOWN, an invo ice will be submitted to the TOWN due and
payable to the COUNTY within thirty (30) days from the date of invoice.
15. COUNTY will also provide TOWN with a final billing, reconciliation and
Financial Deport for the Pima County Rabies Control Fund on or before September 30 for each
fiscal year covered by this Agreement. This report shall contain the same information enumerated
in paragraph 13 of this Agreement.
16. If TOWN expenses exceed TOWN revenues for a given period, 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 invoice, billing, and
Financial Report, as described in paragraphs 13-15 above of this Agreement. Interest at the rate of
10% per annum, as stated by A.R. S. § 44 -1 201 shall accrue on any balance outstanding 30 days
from the date the official request for funds is received by the TOWN, unless the TOWN submits a
written notice to COUNTY disputing the amount due within fifteen (15) days after TOWN's
receipt of COUNTY's period 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.
17. If TOWN revenues collected exceed TOWN expenses for a given fiscal year, the
COUNTY shall remit the excess funds to TOWN.
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1 S. 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.
19. COUNTY will also provide to TOWN 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)
C. Physical address of response site
d. Dates of issuance of licenses
e. Types of licenses issued
E Payment received for each license issued
III. DURATION AND EFFECTIVE DATE
The term of this Agreement shall become effective July 1, 2014 and shall continue until-
June 30, 2016. The Parties shall have the option of extending this Agreement for up to three (3)
additional one (1) year periods or any portion thereof. Any modification, termination, or extension
shall be made by formal written amendment executed by the Parties.
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. INDEMNIFICATION
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.
VI. NON-DISCRIMINATION
The Parties agrees to comply with all provisions and requirements of Arizona Executive
Order 2009 -09 including flow down of all provi sions and re uirements to an 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
http://www.azgovernor.gov/dms/upload/EO 2009 df 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.
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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 (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.
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 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.
X11. CONFLICT OF INTEREST
This Agreement is subject to the provisions of A.R.S § 38 -511.
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
5 Town of Marana PACC 2014
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 seared 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
I . TOWN hereby warrants that it will at all times during the term of this Contract
comply with all federal immigration laws applicable to TOWN'S employment of its employees,
and with the requirements of A.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.
2. COUNTY shall have the right at any time to inspect the books and records of
TOWN and any subcontractor in order to verify such party's compliance with the State and
Federal Immigration Laws.
3. Any breach of TOWN'S or any subcontractor's warranty of compliance with the
State and Federal Immigration Laws, or of any other provision of this section, shall be deemed to
be a material breach of this Contract subjecting TOWN to penalties up to and including
suspension or termination of this Contract. If the breach is by a subcontractor, and the subcontract
is suspended or terminated as a result, TOWN shall be required to take such steps as may be
necessary to either self-perform the services that would have been provided under the subcontract
or retain a replacement subcontractor, as soon as possible so as not to delay project completion.
4. TOWN shall advise each subcontractor of COUNTY'S rights, and the
subcontractor's obligations, under this Article by including a provision in each subcontract
substantially in the following form:
"SUBCONTRACTOR hereby warrants that it will at all times during the term of this
Contract comply with all federal immigration laws applicable to SUBCONTRACTOR'S
employees, and with the requirements of A.R.S. § 23-214 (A). SUBCONTRACTOR further
agrees that COUNTY may inspect the SUBCONTRACTOR'S books and records to insure that
SUBCONTRACTOR is in compliance with these requirements. Any breach of this paragraph by
SUBCONTRACTOR will be deemed to be a material breach of this Contract subjecting
SUBCONTRACTOR to penalties up to and including suspension or termination of this contract."
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XVIL ENTIRE AGREEMENT
This document contains the entire A between the Parties and it ma not be
modified, amended, altered or extended except b a written amendment executed b both Parties.
IN WITNESS WHEREOF, the Parties hereto approve this Inter A
I --. > FEB 0 3 2015
Chair, Board of Supervisors Date
ATTEST
TOWN OF MARANA
Ma
ATTEST
Date
�- & — o3 zo19, "IJ I— V— i 1 41- -
Clerk of the Board Date own Date
own I
REVIEWED 13' I, I
V;1 4Y
DepartOM4trad/ r Date
APPROVED AS TO FORM
Pursuant to A.R.S. § 11-952(D), the attorne for the Town of Marana has determined that the
fore Inter A is in proper form and is within the powers and authorit
of the entit as g ranted under the laws of the State.
Deput eoUnt Attorne Pima Count
Date
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Town of` Maana PACC 2014