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INTERGOVERNMENTAL AGREEMENT
BETWEEN
PIMA COUNTYANDTHE TOWN OF MARANA
FORANIMAL CARE AND ENFORCEMENT SERVICES
This Intergovernmental Agreement (hereinafter "Agreement")is entered into pursuant to A.R.S.
§11-952 by and between the Town of Marana (hereinafter “the Town”), a body politic and
corporate of the State of Arizona and Pima County, (hereinafter “the County”) a political
subdivision of the State of Arizona.
RECITALS
WHEREAS,
the Towndesires to enter into an agreement with the County for the provision of
animalcontrol services within the geographical jurisdiction of the Townrelating to enforcement
of the Marana Town Code, Title 6 Animal Control, (hereinafter TownAnimal Control
Ordinances) as amended from time to time, and having to do with rabies vaccination and dog
licensing requirements, dog license fees, leash laws, sheltering and humane care of surrendered
and stray animals, animal cruelty and neglect, dangerous animals, diseased animals, biting
animals, animal waste, and excessive noise; and
WHEREAS,
pursuant to A.R.S. § 11-1013,the County operates the Pima Animal Care Center
for the intake and sheltering of stray and surrendered animals; and
WHEREAS,
the County has the experience and expertise to enforce TownAnimal Control
Ordinances,and is engaged in certain activities relating to vaccination and licensing activities,
rabies control, stray and surrendered animal intake; and
WHEREAS,
the Townand the County may contract for services and enter into agreements with
one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.
NOW, THEREFORE
, the Townof Maranaand the County, pursuant to the above and in
consideration of the matters and things set forth herein, do mutually agree as follows:
AGREEMENT
1.0Purpose.
The purpose of this Agreement is to set forth the responsibilities of the parties
for the provision of animal control services within the geographical jurisdiction of the
Townrelating to enforcement of the TownAnimal Control Ordinances,as amended from
time to time, and having to do with rabies vaccination and dog licensing requirements, dog
license fees, leash laws, sheltering and humane care of surrendered and stray animals,
animal cruelty and neglect, dangerous animals, diseased animals, biting animals, animal
waste, and excessive noise.
2.0Term/Effective Date.
This Agreementis effective for one (1)yearfrom July 1, 2016
through June 30, 2017.The Parties shall have the option to extend this Agreement for up to
four (4)additional one (1) year periods or any portion thereof. Any modification,
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termination, or extension shall be made by formal writtenamendment executed by the
Parties.
3.0Scope of Services.
3.1The County Enforcement Agent, herein before designated by the Pima County Board
of Supervisors to be Pima Animal CareCenter (PACC), and all employees
thereunder, shall be referred to as “TownEnforcement Agents” for the purpose of this
Agreement. The TownEnforcement Agents shall, but are not limited to:
3.1.1Administer and enforce the provisions of the TownAnimal Control
Ordinances and State and County law, and all services related thereunder,
including amendments to said laws as may be passed from time to time.
3.1.2Pursuant to this Agreement, be granted 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
vaccination, licensing, seizure of stray, dangerous, neglected, diseased or
abused animals, and other activities arising from their duties as Town
Enforcement Agents.
3.1.3Collect such fees as may be rendered applicable by the TownAnimal Control
Ordinances. All fees collected by the TownEnforcement Agents as a result of
this Agreement shall be retained by Town.
3.2The TownAttorney shall prosecute and the TownCourt shall handle criminal and
civil matters arising out of the enforcement of the TownAnimal Control Ordinances,
as amended, pursuant to this Agreement. All fines collected by the TownCourt as a
result of enforcement of the TownAnimal Control Ordinances, as amended, shall be
retained by Town.
3.3Field EnforcementWithin Jurisdiction
3.3.1Complete field services shall be provided from 6:00 a.m. to 9:00 p.m. by two
full shifts of Animal Care Officers operating seven days per week, holidays
included. Emergency enforcement response services will be provided by a
minimum of one Animal Care Officer from 9:00 p.m. to 6:00 a.m. daily,
holidays included.
3.3.2The County shall provide staffing levels, administrative support, materials,
supplies, and equipment sufficient to ensure the provision of animal control
services in the Town.
3.3.3Dead animal pickup services shall be provided during one shift operating
seven days per week, holidays included.
3.4Licensingof Animals
3.4.1The County shall provide staffing levels, administrative support, materials,
supplies, and equipment sufficient to ensure the provision of licensing
services in the Town.
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3.4.2The Pima Animal Care Center shall maximize the number of dogs vaccinated
and licensed within the geographical jurisdiction of the Town. Dog
vaccination requirements and spay/neutering information shall be distributed
to all owners of licensed dogs and other interested parties upon request.
3.4.3License applications shall be processed and returned, electronically or via
mail, to the applicant within ten (10) working days. A licensing reminder
program shall be conducted to improve compliance with license regulations.
3.4.4Should Pima Animal Care Center consider outsourcing the licensing functions
to take advantage of online registration via the Internet, Pima Animal Care
Center shall ensure that day-to-day licensing and registration operations,
including telephone services, remain equivalent to those currently provided by
the Center.
3.5Pima Animal Care CenterShelter
3.5.1The County shall staff, equip, furnish, support and maintain the Pima Animal
Care Center, and provide all facilities and vehicles, including replacements,
maintenance, repair, gasoline, and oil as necessary for the operation of the
Pima Animal Care Center.
3.5.2Humane treatment of all animals housed at the Pima Animal Care Center shall
be provided, including provision of adequate food, water, shelter, and timely
and appropriate veterinary carein accordance with nationally accepted shelter
care standards. The Pima Animal Care Center shall develop a strategy and
procedures to further reduce euthanasia of saveable animals through effective
adoption and rescue programs. If necessary, animals shall be euthanized in
such a manner that provides for humane treatment of the animal and in
accordance with the standards set forth by the American Veterinary Medical
Association Guidelines for theEuthanasia of Animals: 2013 Edition. Effort
shall be made to decrease shelter intake through but not limited to owner
education and community wide spay/neuter programs.
3.5.3Animal Welfare Community Outreach.The Pima Animal Care Center shall
refine and increase outreach and educational efforts at schools, neighborhood
association meetings, etc. in order to increase public awarenessof health and
safety issues related to animals, to promote responsible ownership/companion
animal guardianship, including compliance with licensing and other Town
Animal Control Codes, and to disseminate information regarding vaccination
clinics, spaying and neutering, and care of animals.
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4.0
Payment. The Townwill reimburse the County approximately $221,165for Fiscal Year
2016-2017. The County will bill the Townmonthly for services. The total cost delineated
in 4.1 below is the estimated cost of service for the Townof Marana. Actual cost may vary
and will be based on documented services provided to the Townor Townresidents.Monthly
bills may be adjusted on a quarterly basis as set forth inSection 5.2.1.
4.1Townwill reimburse the County for expenses associated with providing the scope of
services outlined in Section 3. Annual costs of service units are projected below.
The Townmay elect to reduce its overall costs by declining or reducing the scope of
Enforcement services provided to Townby County.
Allocation Basis
ExpensesAmount
Administrative Service
Charges$ 21,750Ratio of all Services Provided
Ratio of all Services Provided
Operations and Management $ 23,670
Ratio of all Services Provided
Education$ 2,810
Ratio of Enforcement Call
Enforcement$ 48,490Responses
Ratio of Licenses Issued
Licensing$ 22,745
Ratio of Animals Handled
Shelter$ 65,350
Ratio of all Services Provided
Emergency Sheltering Contingency -
Expansion and animal based on
Response Servicesemergency
Ratio of Animals Handled
Veterinary Services $ 20,360
Per Capita
Spay/Neuter Services$ 10,660
Per Capita
Community Cat Project$ 5,330
TOTAL$ 221,165
4.2Townwill reimburse County for County indirect service expenses associated with
providingPACC administrative systems support such as Finance, Human Resources,
Procurement, Legal and other indirect County support servicesbased on the federally
approved internal cost allocation plan. Such services are listed as Administrative
Service Charges.
4.3Donations to and solicited by PACCare the sole property of PACCand will be
allocated against Town expenses in accordance with PACC fund development
policies. Should budget restrictions prevent the Townfrom paying for the full Fiscal
Year 2016-2017intergovernmentalagreement amount set out in Section 4.0, the
1
The annual estimated allocation is based on the average of the previous two full fiscal years’ ratio of expenses
incurred in the provision of animal services to the Town as compared to the total expenses for services provided for
all jurisdictions. For example, Fiscal Year 2016/17 allocation to the Town is 2.46% of the total PACC budget and
represents an average of the Town’s percent allocation of total animal services expenditures incured by the County
for Services in the Town for Fiscal Years 2013/14and 2014/15. The County will provide the Town the annual
estimated expenses for PACC and the Town’s estimated share of expenditures for Fiscal Year 2017/18 no later than
January 30, 2017.
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Townmay adjust enforcement service levels and or types to mitigate funding
shortfalls.
4.4All payments received from constituents on behalf of the Townwill be deposited
regularly with the Pima County Treasurer’s Office into a Fiduciary Agency Account.
The County will submit a statement to the Townmonthly for actual costs incurred on
behalf of the Town, and will instruct the Pima County Treasurer’s Office to remit to
Townall revenues collected on behalf of the Townon a monthly basis. Any interest
earned on the Account shall be credited to the Town.
5.0Reporting
.The County will provide the Townthe following information:
5.1Monthly:
5.1.1By jurisdiction, a statement of period-end and year-to-date receipts,
disbursements, and the balance of the County Rabies Control Fund.
5.1.2By jurisdiction, the percentage of administrative servicesallocated, 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 animals adopted, the number of animals
euthanized, the number of animals spayedand neutered, the number of dead
animals picked up, the number of animals that died in the kennels and the
number of educational event units performed.
5.1.3The total Pima County Animal Care adopted budget, including operating
revenues by revenue source and operating expense by type of expense.
5.2Quarterly:
5.2.1The County will perform an audit to assure correct cost allocation and to
verify jurisdictional information on a quarterly basis. If, pursuant to
paragraph 4.1,the outcome of the audit indicates an overpayment by the Town
or results in additional fundsbeing due to Town, Countyshall transfer the
additional fundsto the Account within ninety (90) days following the end of
the quarter. If, pursuant to paragraph 4.1 the outcome of the audit indicates an
underpayment by the Townor additionalfunds being due to the County,the
amount of the underpayment will be billed to the Townby the County in the
next monthly statement.
5.2.2Countywill provide to Townon a quarterly basis a data extract or extracts
containing detailed information regarding records of requests forservices and
records of revenue attributed to Town. This report shall include the following:
5.2.2.1Dates of dispatched enforcement calls
5.2.2.2Activity types of dispatched enforcement calls (e.g., leash law,
stray)
5.2.2.3Physical address of response site
5.2.2.4Dates of issuance of licenses
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5.2.2.5Types of licenses issued
5.2.2.6Payment received for each license issued
5.2.3The Townwill designate a representative to attend quarterly meetings with
representatives fromPima County Administration, Pima County Health
Department, Pima Animal Care Center and each jurisdiction with which the
County has an Intergovernmental Agreement to provide PACC services.
5.3Fiscal Year End:The County shall prepare a final financial reportfor each Fiscal
Year that includes the following information:
5.3.1By jurisdiction, a statement of period-end and year-to-date receipts,
disbursements, and the balance of the County Rabies Control Fund.
5.3.2By jurisdiction, the percentage of administrative servicesallocated, 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 animals adopted, the number of animals
euthanized, the number of animals spayed and neutered, the number of dead
animals picked up, the number of animals that died in the kennels and the
number of educational event units performed.
5.3.3The total Pima County Animal Care adopted budget including operating
revenues by revenue source and operating expenses by type of expense.
6.0Legal Jurisdiction.
Nothing in this Agreement shall be construed as either limiting or
extending the legal jurisdiction of the Townor the County. This Agreement and all
obligations upon the Townor County arising therefrom shall be subject to any limitations
of budget law or other applicable local law or regulations.
7.0Audit
. The Townshall have the right to audit the books of the County relating to the Pima
Animal Care Center and to thecollection of licensing fees and other fines and fees.
8.0Termination.
Either party may terminate this Agreement by giving written notice to the
other party not less than six (6) months prior to the termination date. In the event of
termination, each party shall be liable for its proportionate share of the costs and expenses
incurred or arising out of performance of activities required by this Agreement occurring
prior to the termination date. Termination of this Agreement shall not relieve either party
from liabilities or costs already incurred under this Agreement.
9.0Assignmentof Rights.
Neither party to this Agreement shall assign its rights under this
Agreement to any other party without written permission from the other party to this
Agreement.
10.0Construction of Agreement.
10.1Construction and interpretation. All provisions of this Agreement shall be construed
to be consistent with the intention of the parties as expressed in the Recitals hereof.
10.2Captions and headings. The headings used in this Agreement are for convenience
only and are not intended to affect the meaning of any provision of this Agreement.
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11.0Conflict of Interest.
This Agreement is subject to the provisions of A.R.S. § 38-511
, the
pertinent provisions of which are incorporated herein by reference.
12.0Severability.
In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on
other provisions and their application, which can be given effect without the invalid or void
provision or application, and to this extent the provisions of the Agreement are severable.
In the event that any provision of this Agreement is declared invalid or void, the parties
agree to meet promptly upon request of the other party in an attempt to reach an agreement
on a substitute provision.
13.0No Joint Venture.
It is not intended by this Agreement to, and nothing contained in this
Agreement shall be construed to, create any partnership, joint venture, or employment
relationship between the parties or create any employer-employee relationship between the
Townand any County employees or between the County and any Townemployees.
Neither party shall be liable for any debts, accounts, obligations or other liabilities
whatsoever of the other, including (without limitation) the other party’s obligation to
withhold Social Security and income taxes for itself or any of its employees.
14.0No Third Party Beneficiaries.
Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not parties to this Agreement or to
effect the legal liability of either party to the Agreementby imposing any standard of care
different from the standard of care imposed by law.
15.0Compliance with Laws.
The parties shall comply with all applicable federal, state, and
local laws, rules, regulations, standards, and executive orders, without limitation to those
designated within this Agreement.
15.1Anti-Discrimination. The provisions of A.R.S. § 41-1463andExecutive Order
Number 2009-09issued by the Governor of the State of Arizona areincorporated by
this reference as a part of this Agreement.
15.2Americans with Disabilities Act. This Agreement is subject to 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.
16.0Workers’Compensation.
An employee of either party shall be deemed to be an
"employee" of both public agencies, while performing pursuant to this Agreement, for
purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation laws. The primary
employer shall be solely liable for any workers' compensation benefits, which may accrue.
Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially
the following form:
16.1 Allemployees are hereby further notified that they may be required to work
under the jurisdiction or control or within the jurisdictional boundaries of
another public agency, pursuant to an intergovernmental agreement or contract,
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and under such circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of workers' compensation.
17.0Non-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.
18.0Force Majeure.
A party shall not be in default under this Agreement if it does not fulfill
any of its obligations under this Agreement because it is prevented or delayed in doing so
by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the
purpose of this Agreement, any cause beyond the control of the party affected, including
but not limited to, failure of facilities, breakage or accident to machinery or transmission
facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil
disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage,
casualty loss, acts of God, or action or non-action by governmental bodies in approving or
failing to act upon applications for approvals or permits which are not due to the negligence
or willful action of the parties, order of any government officer or court (excluding orders
promulgated by the parties themselves), and declared local, state, or national emergency,
which, by exercise of due diligence and foresight, such party could not reasonably have
been expected to avoid. Either party rendered unable to fulfill any obligations by reason of
uncontrollable forces shall exercise due diligence to remove such inability with all
reasonable dispatch.
19.0Notification.
All notices or demands upon any party to this Agreement shall be in writing,
unless other forms are designated elsewhere, and shall be delivered in person or sent by
mail addressed as follows:
Pima County:Townof Marana:
Francisco Garcia, MD, MPH, Director Gilbert Davidson
Pima County Health DepartmentTown Manager
3950 S.Country Club Road#10011555 W. Civic Center Drive
Tucson, Arizona 85714Marana, Arizona 85653
Kim JanesTownStaff Member
Chief of External AffairsTitle
Pima Animal Care Center11555 W. Civic Center Drive
3950 S.Country Club#100Marana, Arizona 85653
Tucson, Arizona 85714
20.0Remedies.
Either party may pursue any remedies provided by law for the breach of this
Agreement. No right or remedy is intended to be exclusive of any other right or remedy
and each shall be cumulative and in addition to any other right or remedy existing at law or
in equity or by virtue of this Agreement.
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21.0Indemnification.
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 the 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, and are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees or volunteers.
22.0Counterparts.
This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument. The signature pages from one or more counterpart may be removed from
such counterpart and attached to a single instrument.
23.0Legal Arizona Workers Act.
23.1Townhereby warrants that it will at all times during the term of this Contract comply
with all federal immigration laws applicable to Town’semployment of its employees,
and with the requirements of A.R.S. § 23-214 (A) (together the “State and Federal
Immigration Laws”).Townshall further ensure that each subcontractor who
performs any work for Townunder this Contract likewise complies withthe State and
Federal Immigration Laws.
23.2Countyshall have the right at any time to inspect the books and records of Townand
any subcontractor in order to verify such party’s compliance with the State and
Federal Immigration Laws.
23.3Any breach of Town’sor 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 Townto 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, Townshall
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.
23.4Townshall advise each subcontractor of County’srights, and the subcontractor’s
obligations, under this Article by including a provision in each subcontract
substantially in the following form:
“Subcontractorhereby 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). Subcontractorfurther
agrees that County may inspect the Subcontractor’sbooks and records to insure that
Subcontractoris in compliance with these requirements. Any breach of this
paragraph by Subcontractorwill be deemed to bea material breach of thisContract
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subjecting Subcontractorto penalties up to and including suspension or termination of
this contract.”
24.0Entire agreement.
This instrument constitutes the entire agreement between the parties
pertainingto the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. Any exhibits to
this Agreement are incorporated herein by this reference.
IN WITNESS WHEREOF
, the County has caused this Agreement to be executed by the
PimaCounty Board of Supervisors, as attested to by the Clerk of the Board, and the Town
of Maranahas caused this Agreement to be executed by the Mayor of the Townof Marana,
upon resolution of the Mayor and Council, as attested to by the TownClerk.
PIMA COUNTY:TOWNOF MARANA:
____________________________ ___________________________________ _______
Chair, Board of Supervisors DateTownMayorDate
ATTESTATTEST
____________________________ ___________________________________ _______
Clerk of the Board DateTownClerk Date
APPROVED AS TO CONTENTAPPROVED AS TO CONTENT
____________________________ ___________________________________ _______
Department Director or designee DateDepartment Director or designee Date
ATTORNEY CERTIFICATION
The foregoing Agreement between Pima County and the Townof Marana has been reviewed
pursuantto A.R.S. § 11-952 by the undersigned 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 to those
parties to the Agreement.
____________________________ ___________________________________ _______
Deputy County AttorneyDateTownAttorneyDate
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