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HomeMy WebLinkAboutStudy Session Agenda Packet 3-14-2017 X.Sc."U' MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL STUDY SESSION NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 14, 2017, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on March 14, 2017, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at(520) 382-1999. Requests should be made as early as possible to arrange the accommodation. This Notice and Agenda posted no later than Monday, March 13, 2017, 6:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at wwwjna,ra,iaa.z.yov under Agendas and Minutes. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCEANVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Marana Council Study Session 03/14/2017 Page 1 of 38 CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to Animal Control; discussion, direction and possible action regarding the provision of animal control services within the Town of Marana, including consideration of continuing the Town's contractual relationship with Pima Animal Care Center (PACO) and/or direction to pursue alternatives to PACC for animal control services (Lisa Shafer) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Council Study Session 03/14/2017 Page 2 of 38 X.Sc.,,U, MARANA AZ ESTABLISHED 1977 Council-Study Session D1 Meeting Date: 03/14/2017 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: March 14, 2017 Strategic Plan Focus Area: Not Applicable Subject: Relating to Animal Control; discussion, direction and possible action regarding the provision of animal control services within the Town of Marana, including consideration of continuing the Town's contractual relationship with Pima Animal Care Center (PACC) and/or direction to pursue alternatives to PACC for animal control services (Lisa Shafer) Discussion: Animal Control for the Town is governed by Title 6 of the Marana Town Code. Section 6-8-1 of that code gives the authority to any peace officer or town animal enforcement agent to enforce the provisions of this title and to issue citations for violations of it. Pima County Animal Care officers have been designated the town animal enforcement agent by intergovernmental agreement (IGA) since the 1980's. In the early IGAs with the County, animal care services were provided to the Town at a charge not to exceed $10,000 for the fiscal year once any revenues received were applied to cover expenditures. Over the years the Town has seen that number escalate to an anticipated $230,000 this current fiscal year, resulting in a net cost of$130,000 to be paid from the Town's general fund once offset by the anticipated $100,000 in revenues received from licensing and adoption fees. The Town's current IGA with the County is set to expire on June 30, 2017. The Town has received a new draft IGA from the County for review and action if the Town chooses to continue contracting with PACC for all animal control services. As an alternative to this IGA, staff has spent the better part of the last year exploring the option of bringing animal control in house and contracting out the sheltering, veterinarian and other support services with outside providers. This would give the Town the ability to manage animal control enforcement(including licensing) in our Town as well as provide our citizens with outstanding responsive animal care services. Town staff has been researching animal control/care alternatives and associated costs, by reaching out to other jurisdictions around the state and beyond, to see how each jurisdiction Marana Council Study Session 03/14/2017 Page 3 of 38 handles its animal control operations. Staff has visited multiple municipalities and taken tours of their facilities as well as ride alongs with their animal control officers. Early this year the Town also did a request for proposal (RFP) for animal sheltering services. The Town received one proposal from the Humane Society of Southern Arizona and that proposal is currently under review. If the Town opts to contract with the Humane Society for sheltering services, the Town will need to hire its own animal control officers to enforce the Town's animal ordinances. In addition, the Town will need to establish its own licensing program and any other support programs (emergency veterinarian services, etc.) During the study session, staff will present elements of a comprehensive animal control/care program and seek the Council's input and direction. For the Council's convenience, the County's proposed IGA for FY 2017 and the Humane Society's proposal for shelter services have been included in the materials. Financial Impact: Fiscal Year: 2018 Budgeted Y/N: Y Amount: $230,000 For the 2018 fiscal year animal control services with PACC would have to be budgeted at $230,000 to meet the anticipated demand for services. Moving to the in-house Marana Animal Control Services model would amount to an approximate cost of$156,000 within the current FY17 budget and a FY18 budget of$212,000. Staff Recommendation: Option 1: Continue negotiations with the County on a new IGA for Animal Control Services for fiscal year 2018. Option 2: Create a Town operated Marana Animal Control Enforcement operation (including licensing) and enter into separate agreements with outside organizations for shelter, veterinarian, and other support services, to begin July 1, 2017. Suggested Motion: Council's pleasure. Attachments County Draft IGA for FYI HSSA Proposal Marana Council Study Session 03/14/2017 Page 4 of 38 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ANIMAL 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 Town desires to enter into an agreement with the County for the provision of animal control services within the geographical jurisdiction of the Town relating to enforcement of the Marana Town Code, Title 6 Animal Control, (hereinafter Town Animal 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 Town Animal Control Ordinances, and is engaged in certain activities relating to vaccination and licensing activities, rabies control, stray and surrendered animal intake; and WHEREAS,the Town and 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 Town of Marana and the County, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1.0 Purpose. 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 Town relating to enforcement of the Town Animal 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. 2.0 Term/Effective Date. This Agreement is effective from July 1, 2017 through June 30, 2018. The Parties shall have the option to extend this Agreement for up to four (4) CTN17-XXX PACC&Town of Marana Page 1 of 11 Marana Council Study Session 03/14/2017 Page 5 of 38 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. 3.0 Scope of Services. 3.1 The County Enforcement Agent, herein before designated by the Pima County Board of Supervisors to be Pima Animal Care Center (PACC), and all employees thereunder, shall be referred to as "Town Enforcement Agents" for the purpose of this Agreement. The Town Enforcement Agents shall,but are not limited to: 3.1.1 Administer and enforce the provisions of the Town Animal 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. 3.1.2 Pursuant 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. 3.1.3 Collect such fees as may be rendered applicable by the Town Animal Control Ordinances. All fees collected by the Town Enforcement Agents as a result of this Agreement shall be retained by Town. 3.2 The Town Attorney shall prosecute and the Town Court shall handle criminal and civil matters arising out of the enforcement of the Town Animal Control Ordinances, as amended, pursuant to this Agreement. All fines collected by the Town Court as a result of enforcement of the Town Animal Control Ordinances, as amended, shall be retained by Town. 3.3 Field Enforcement Within Jurisdiction 3.3.1 Complete 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. 3.3.2 The County shall provide staffing levels, administrative support, materials, supplies, and equipment sufficient to ensure the provision of animal control services in the Town. 3.3.3 Dead animal pickup services shall be provided during one shift operating seven days per week,holidays included. 3.4 Licensing of Animals 3.4.1 The County shall provide staffing levels, administrative support, materials, supplies, and equipment sufficient to ensure the provision of licensing services in the Town. CTN17-XXX PACC&Town of Marana Page 2 of 11 Marana Council Study Session 03/14/2017 Page 6 of 38 3.4.2 The 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. 3.4.3 License 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. 3.4.4 Should 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. 3.5 Pima Animal Care Center Shelter 3.5.1 The 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. 3.5.2 Humane 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 care in 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 the Euthanasia 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. 3.5.3 Animal 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 awareness of 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. CTN17-XXX PACC&Town of Marana Page 3 of 11 Marana Council Study Session 03/14/2017 Page 7 of 38 4.0 Pae. The Town will reimburse the County approximately $215,9251 for Fiscal Year 2017-2018. The County will bill the Town monthly for services. The total cost delineated in 4.1 below is the estimated cost of service for the Town of Marana. Actual cost may vary and will be based on documented services provided to the Town or Town residents. Monthly bills may be adjusted on a quarterly basis as set forth in Section 5.2.1. 4.1 Town will 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 Town may elect to reduce its overall costs by declining or reducing the scope of Enforcement services provided to Town by County. Expenses Amount Allocation Basis Administrative Service Charges $ 21,757 Ratio of all Services Provided Operations and Management $ 19,294 Ratio of all Services Provided Education $ 2,331 Ratio of all Services Provided Ratio of Enforcement Call Enforcement $ 49,641 Responses Licensing $ 27,240 Ratio of Licenses Issued Shelter $ 58,776 Ratio of Animals Handled Veterinary Services $ 21,283 Ratio of Animals Handled Spay/Neuter Services $ 6,966 Per Capita Community Cat Project $ 8,637 Per Capita TOTAL $215,925 4.2 Town will reimburse County for County indirect service expenses associated with providing PACC administrative systems support such as Finance, Human Resources, Procurement, Legal and other indirect County support services based on the federally approved internal cost allocation plan. Such services are listed as Administrative Service Charges. 4.3 Donations to and solicited by PACC are the sole property of PACC and will be allocated against Town expenses in accordance with PACC fund development policies. Should budget restrictions prevent the Town from paying for the full Fiscal Year 2017-2018 intergovernmental agreement amount set out in Section 4.0, the Town may adjust enforcement service levels and or types to mitigate funding shortfalls. 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 2017/18 allocation to the Town is 2.50%of the total PACC budget and represents an average of the Town's percent allocation of total animal services expenditures inured by the County for Services in the Town for Fiscal Years 2014/15 and 2015/16. The County will provide the Town the annual estimated expenses for PACC and the Town's estimated share of expenditures for Fiscal Year 2018/19 no later than January 31,2018. CTN17-XXX PACC&Town of Marana Page 4 of 11 Marana Council Study Session 03/14/2017 Page 8 of 38 4.4 All payments received from constituents on behalf of the Town will be deposited regularly with the Pima County Treasurer's Office into a Fiduciary Agency Account. The County will submit a statement to the Town monthly for actual costs incurred on behalf of the Town, and 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. 5.0 Reporting. The County will provide the Town the following information: 5.1 Monthly: 5.1.1 By jurisdiction, a statement of period-end and year-to-date receipts, disbursements, and the balance of the County Rabies Control Fund. 5.1.2 By jurisdiction, the percentage of administrative services allocated, 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. 5.1.3 The total Pima County Animal Care adopted budget, including operating revenues by revenue source and operating expense by type of expense. 5.2 Quarterly: 5.2.1 The 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 funds being due to Town, County shall transfer the additional funds to 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 Town or additional funds being due to the County, the amount of the underpayment will be billed to the Town by the County in the next monthly statement. 5.2.2 County will provide to Town on a quarterly basis a data extract or extracts containing detailed information regarding records of requests for services and records of revenue attributed to Town. This report shall include the following: 5.2.2.1 Dates of dispatched enforcement calls 5.2.2.2 Activity types of dispatched enforcement calls (e.g., leash law, stray) 5.2.2.3 Physical address of response site 5.2.2.4 Dates of issuance of licenses 5.2.2.5 Types of licenses issued CTN17-XXX PACC&Town of Marana Page 5 of 11 Marana Council Study Session 03/14/2017 Page 9 of 38 5.2.2.6 Payment received for each license issued 5.2.3 The Town will designate a representative to attend quarterly meetings with representatives from Pima 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. 5.3 Fiscal Year End: The County shall prepare a final financial report for each Fiscal Year that includes the following information: 5.3.1 By jurisdiction, a statement of period-end and year-to-date receipts, disbursements, and the balance of the County Rabies Control Fund. 5.3.2 By jurisdiction, the percentage of administrative services allocated, 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. 5.3.3 The total Pima County Animal Care adopted budget including operating revenues by revenue source and operating expenses by type of expense. 6.0 Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or the County. This Agreement and all obligations upon the Town or County arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulations. 7.0 Audit. The Town shall have the right to audit the books of the County relating to the Pima Animal Care Center and to the collection of licensing fees and other fines and fees. 8.0 Termination. 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. 9.0 AssiLynment of 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. 10.0 Construction of Agreement. 10.1 Construction 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. 10.2 Captions 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. CTN17-XXX PACC&Town of Marana Page 6 of 11 Marana Council Study Session 03/14/2017 Page 10 of 38 11.0 Conflict 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. 12.0 Severability. 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. 13.0 No 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 Town and any County employees or between the County and any Town employees. 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. 14.0 No 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 Agreement by imposing any standard of care different from the standard of care imposed by law. 15.0 Compliance 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. 15.1 Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 2009-09 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. 15.2 Americans 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. 16.0 Workers' 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 All employees 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, CTN17-XXX PACC&Town of Marana Page 7 of 11 Marana Council Study Session 03/14/2017 Page 11 of 38 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. 17.0 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. 18.0 Force Maieure. 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. 19.0 Notification. 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: Town of Marana: Francisco Garcia,MD,MPH,Director Gilbert Davidson Pima County Health Department Town Manager 3950 S. Country Club Road 4100 11555 W. Civic Center Drive Tucson,Arizona 85714 Marana,Arizona 85653 Kim Janes Lisa Shafer Chief of External Affairs Director Pima Animal Care Center Community Development and Tucson,Arizona 85714 Neighborhood Services 11555 W. Civic Center Drive Marana,Arizona 85653 20.0 Remedies. 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 CTN17-XXX PACC&Town of Marana Page 8 of 11 Marana Council Study Session 03/14/2017 Page 12 of 38 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. 21.0 Indemnification. Each parry (as "indemnitor") agrees to indemnify, defend and hold harmless, the other parry (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. 22.0 Counterparts. 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. 23.0 Legal Arizona Workers Act. 23.1 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. 23.2 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. 23.3 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. 23.4 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 CTN17-XXX PACC&Town of Marana Page 9 of 11 Marana Council Study Session 03/14/2017 Page 13 of 38 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. " 24.0 Israel Boycott Certification. Contractor hereby certifies that it is not currently engaged in, and will not for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Contractor may result in action by the County up to and including termination of this Contract. 25.0 Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to 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 Pima County Board of Supervisors, as attested to by the Clerk of the Board, and the Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council, as attested to by the Town Clerk. PIMA COUNTY: TOWN OF MARANA: Chair,Board of Supervisors Date Town Mayor Date ATTEST ATTEST Clerk of the Board Date Town Clerk Date APPROVED AS TO CONTENT APPROVED AS TO CONTENT Department Director or designee Date Department Director or designee Date ATTORNEY CERTIFICATION The foregoing Agreement between Pima County and the Town of Marana has been reviewed pursuant to 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 CTN17-XXX PACC&Town of Marana Page 10 of 11 Marana Council Study Session 03/14/2017 Page 14 of 38 parties to the Agreement. Deputy County Attorney Date Town Attorney Date CTN17-XXX PACC&Town of Marana Page 11 of 11 Marana Council Study Session 03/14/2017 Page 15 of 38 HUMANE SOCIETY -n Arizona of Southev Animal Sheltering Services RFP#2016-032 February 2017 Marana Council Study Session 03/14/2017 Page 16 of 38 TOWN OF MARANA ARIZONA REQUEST FOR PROPOSAL (RFP) #2016-032 ANIMAL SHELTERING SERVICES 1. Qualifications & Experience a. Executive Summary: Thank you for offering the Humane Society of Southern Arizona the opportunity to submit a proposal for Animal Sheltering and Care in partnership with the Town of Marana Animal Control. The Humane Society of Southern Arizona has been actively providing care and sheltering of homeless and surrendered companion animals for over 72 years. We are proud to offer not only superior animal care services, but a full array of services for pets and the people who love them. All animals sheltered at HSSA are provided with clean, sanitary kennels, veterinary medical care and enrichment. HSSA will provide flexible drop off and kenneling for animals brought in by the Town of Marana Animal Control Officers, including quarantines, and will assist as needed in animal cruelty investigations and hoarding situations. HSSA will also provide licensing services and bi-annual Rabies Clinics for the residents of Marana. To assist with population control and animal health, HSSA has an affordable Spay/Neuter Clinic available to residents, and provides twice weekly affordable Vaccination Clinics at our facility. In addition, HSSA offers a free TNR (Trap, Neuter, Return) program to residents for sterilization of feral and community cats. For the children in the community, we continue to offer educational opportunities including classroom presentations, summer programs and various other events throughout the year. HSSA is audited by an independent auditor annually and the results are available for review. HSSA takes pride in its transparency regarding our animals and finances. Thank you for considering HSSA. 1 Marana Council Study Session 03/14/2017 Page 17 of 38 b. Identification of the Lead Entity i. Humane Society of Southern Arizona ii. 501 (c) 3 charitable organization, C corporation iii. n/a iv. 3450 N Kelvin Blvd, Tucson AZ 85716 (current address). New address in late 2017/early 2018—635 W Roger Road, Tucson AZ 85705 v. Brandy Burke, Chief Operations Officer, 3450 N Kelvin Blvd,Tucson AZ 85716, bburke@hssaz.org, 520-327-6088 x183. Proposal Contact for contract, Clay Bacon, Chief Financial Officer, 520-327-6088 x124, cbacon@hssaz.org c. Experience and Technical Competence i. The Humane Society of Southern Arizona, hereby referred to as HSSA, has been in existence for 72 years. Our staff is comprised of approximately 95 personnel, including a Human Resources and Volunteer department, Marketing, Development and Education departments, Finance team, Clinic and Shelter staff and two (2) offsite adoption and retail shops and two (2) thrift stores. Currently, HSSA admits 6,000 animals a year and maintains a live release rate of 95% or higher on an annual basis. This number is comprised of stray, owner released and other agency transfers. References are included in Attachment A, as requested. ii. The staff at HSSA assigned to complete the services, possess all relevant experience necessary as described under the scope of work. All personnel assigned to the work possess appropriate certifications or registrations as required by Arizona state agencies, if any. The Humane Society of Southern Arizona is audited yearly by a local CPA firm, Ludwig Klewer& Company. HSSA maintains all pertinent and necessary regulatory permits and licenses required to operate and maintain our agency and its related operations. d. Project Organization and Key Personnel The proposed key personnel for the execution of the project are listed below i. Key Personnel (biographies attached) Brandy Burke—Chief Operations Officer • Point of Contact for the Project • Operational oversight of Clinic, Shelter, Offsite and Human Resources 2 Marana Council Study Session 03/14/2017 Page 18 of 38 Christian Gonzalez—Director of Operations • Direct oversight of all shelter services, including admissions, adoptions and offsite business models Pat Braver—Clinic Director • Direct oversight of all clinic services. Point of Contact for on-site and remote Vaccination Clinics, Spay/Neuter Clinic Jennifer Hubbard—Director of IT and Facilities • Oversees all Facility and Maintenance/grounds upkeep • Direct oversight of computer systems and animal database Clay Bacon —Chief Financial Officer • Direct oversight of HSSA's finances • Point of Contact for all HSSA contracts and business relations Inge Koopman-Leyva - Associate Director of Education and Outreach • Oversees all Education and Outreach services for classroom education and court mandated animal cruelty and neglect classes • Point of Contact for outreach efforts in the community Mike Duffey—Animal Cruelty Investigator • Point of Contact for animal neglect and cruelty cases • Member of the ACT(Animal Cruelty Task Force) ii. HSSA maintains operations 7 days per week, approximately 12 hours per day. HSSA does not offer overnight staff and is NOT a 24 hour facility. Hours of Admissions: 9am-4pm Monday-Saturday; 11am-5pm Sunday Hours of Adoptions: 11am-6pm Monday—Saturday; 11am-5pm Sunday Phone number: 520-327-6088 extensions 103 and 105 and Operator 100 Fax number: 520-325-7190; email admissions@hssaz.org 3 Marana Council Study Session 03/14/2017 Page 19 of 38 The Humane Society of Southern Arizona has adequate staffing levels available daily to service the needs of the animals in our care. Staff members are cross trained to assist in areas as business needs vary. HSSA shall accept animals from designated Town of Marana personnel between the hours of 9am and 4pm, Monday through Saturday; 11am and 5pm on Sunday. Admittance of animals outside of these hours should be coordinated with designated HSSA staff. There shall be no limit to the number of drop offs per day, and Marana Town officials shall take priority when dropping off stray or confiscated animals. HSSA will provide a list of HSSA approved and observed holidays where admissions will not be permitted due to campus closure. Marana town residents will be asked to schedule an appointment to drop off owner- relinquished animals. Owner-relinquished drop offs are charged a one-time fee of $45, to be paid by the owner. HSSA proposes that the Town of Marana consider covering the $45 fee in cases when an owner is unable to pay the fee. Currently, owners are not required to pay a fee to PACC and the Town of Marana is billed for that. HSSA also offers euthanasia services to the public at a reduced cost—see pricing posted on website; https://hssaz.org/services/­end-of-life-services/­ HSSA maintains full staffing during normal business hours and includes: front line admissions and adoption staff, veterinary and clinic staff; animal care staff and support staff. HSSA also contracts with the Department of Corrections (DOC), and employs 8-12 crew members to perform routine kennel cleaning and feeding protocols. Optional Animal Pick up by HSSA shall be coordinated on a case by case basis and if staffing permits. A flat fee of$50 will be charged to the Town of Marana if animal pick up services are required. iii. HSSA is prepared to begin accepting animals from Marana residents and Marana officials at the start date of this accepted proposal, July 1, 2017, at the Kelvin Blvd. location and late 2017/early 2018 at the Roger Road location. 4 Marana Council Study Session 03/14/2017 Page 20 of 38 Database updates to include relevant and necessary record keeping, data capture for Town of Marana and Marana residents, as necessary and defined in the scope of work. HSSA maintains comprehensive records on premises for a period of not less than three (3) years. HSSA maintains an in house database system that records all pertinent information on all animals admitted into our care. HSSA will submit monthly reports including impounds, disposition of animals and fees collected that are payable to the Town. HSSA will provide the following information in monthly reports: • Description of the animal, including its apparent breed, color, size and sex. Disposition will be indicated only up to and including the last day of the holding period. • Who brought in the animal (name and address of resident or animal control officer), date animal was brought in, where and how the animal was obtained. • The animal's owner if claimed up to and including the last day of the holding period. • HSSA will advise Town of Marana of all dangerous or potentially dangerous animals and dog bite incidents. • HSSA will advise fees collected, if reimbursable or owed to the Town of Marana. • HSSA will provide records of licenses sold with names, addresses and license numbers' on a monthly basis. 2. Method of Approach A. Proposed Method to Accomplish the Work L Management and Philosophy The Humane Society of Southern Arizona has been in operation since 1944. In our history we have taken in over 1 million animals. The successful operation of an animal shelter is to quickly assess an animals' well-being, provide necessary medical care and shorten length of stay. HSSA also believes that we hold an important responsibility to assess animal behavior and temperament, to deem it safe for re- homing into our southern Arizona communities. HSSA closely follows Maddie's Fund guidelines under the "Pet Evaluation Matrix Model" to assess behavioral and 5 Marana Council Study Session 03/14/2017 Page 21 of 38 medical conditions, which is also reflected in our SOP. Our current staffing structure and medical team is set up to accommodate admissions of animals from the Town of Marana, as well as other partners. Shelter, kennel and animal care services will be held to the Humane Society of Southern Arizona's Standard Operating Procedures and to the highest standards of care and treatment to all animals held in its' possession. Adequate food and water shall be provided and the shelter shall not be overpopulated. HSSA will have basic veterinary services available during normal business hours. Pet owners of impounded animals would remain responsible for all routine and emergency veterinary care costs. The shelter does provide means for isolation —not permitting the public to have access or visits—of animals with police holds, quarantines, or pets held in protective custody that will not expose other sheltered animals or staff to risk. In the event that an animal is impounded and boarded by the town of Marana Animal Control Officer or the Marana Police Department (or designee), or a court order, or placed under quarantine by a ruling of the state board or County Health department, HSSA will accept the responsibility to board said animal(s) as required by order or ruling at the expense of the Town of Marana. Owners of said impounded animals would be responsible for all costs, but in the event that there is no owner, or the owner does not pay the required fees, the Town of Marana will be responsible for payment of such fees and all costs incurred as a result of police or court order, or placement under quarantine determined by county and state law. HSSA has an adequate number of dog kennels, cat cages, and isolation facilities for quarantined animals and animals being held for investigation, based on the estimated quantity provided by the Town. HSSA is also able to adequately care for and accept birds and other exotics, and work with species specific rescues to find long term appropriate placement. The animal shelter is maintained in a clean and sanitary condition at all times. Our cat holding area kennels do not currently comply with HSUS guidelines, but will be in compliance at our Roger Road campus. We do provide enrichment for those animals living in kennels that are not to current animal sheltering standards. Designated Town of Marana officials do have the right to enter and inspect the premises during regular business hours, for the purpose of inspecting the facilities for the conditions mentioned above. 6 Marana Council Study Session 03/14/2017 Page 22 of 38 HSSA provides daily cleaning and recognized sanitation of all shelter and kennel areas, food and water bowls, hallways and equipment; collection and proper disposal of animal refuse and other medical waste. HSSA shall be responsible for making reasonable efforts to reunite an animal with its owner during the 'stray hold period'. After the 'stray hold period' expires, HSSA will make reasonable efforts to prepare and present animals for adoption, if not claimed by owner. HSSA maintains broad adoption hours at our main campus location and two satellite retail stores. HSSA is open 7 days per week to the public. After the hold period has expired (3 day hold for animals with no identification — Pima County license tag, or registered microchip; 5 day hold for current license or registered microchip), responsibility of ownership will transfer from the Town of Marana to the Humane Society of Southern Arizona. HSSA will use our guidelines to assess the animal for adoption, transfer or euthanasia, based on health and temperament of animal. The Town of Marana will be financially responsible for all costs associated with unclaimed animals during the required hold period. Once the hold period expires, all financial responsibility will transfer to HSSA. If an owner comes forward to claim an animal, said owner shall be responsible for all fees associated with daily boarding, vaccinations, and the cost of spay/neuter surgery, if required. The Town of Marana shall not be billed by HSSA for those costs. HSSA has an onsite spay and neuter clinic, offering low cost services to the public as well as procedures for shelter pets. HSSA offers a twice weekly low cost Vaccination Clinic at our main campus (Wednesday and Saturday mornings), offering routine vaccinations and micro-chipping. HSSA also offers free TNR (trap, neuter, return) for feral and community cats. HSSA may choose to perform veterinary or medical care during a 'stray hold' if the care or treatment is deemed necessary by a licensed veterinarian on staff for the well-being of the animal and the health of the shelter population. Procedures could be performed in house or by a designated full service veterinary clinic, if deemed urgent, necessary or an emergency. Town of Marana would be responsible for these costs. Contagious illnesses (kennel cough, giardia, etc.) will be treated during the stray hold period and is the responsibility of the Town at a flat fee for medications. (Attachment B) 7 Marana Council Study Session 03/14/2017 Page 23 of 38 HSSA maintains an updated website. www.hssaz.org— keeping our constituents updated on events, hours of operations, adoptions, contact information and other relevant information. HSSA proposes a collaborative effort between HSSA and the Town of Marana to create a web link to Town of Marana, relating to animal control laws for Town, County and State, licensing fees, as well as any other relevant information deemed necessary by both entities. ii. Proiect Schedule Work to begin at start of accepted proposal,July 1, 2017. HSSA is already set up as an active and functional animal shelter, and should require no transition plan. Kenneling shall be prioritized to Town of Marana as per this submittal. iii. Specific Tasks required by Town Staff Town of Marana designees should be well versed in the Town, County and State animal welfare and control laws. HSSA proposes that Marana Animal Control Officers (ACO's) apply to become active members of the ACT committee (Animal Cruelty Task Force of Southern Arizona). ACO's should be trained in appropriate humane response and capture of stray/at large animals. ACO's should be trained in accepted protocol for collecting evidence for impounds and cruelty and neglect cases, including the following, which is not an exhaustive list: Animal Cruelty statutes, controlling ordinances, felony charging procedures, felony reporting, impounding of animals, preserving evidence, anonymous reports/uncooperative witnesses, report writing, restitution, definitions of abandonment, cruel neglect, mistreatment and intentionally, knowingly or recklessly causing harm to an animal. ARS 13-2910—Animal Cruelty HSSA proposes to actively assist in helping collect evidence and supply supporting documentation to assist Town of Marana in prosecuting felony or misdemeanor cases. HSSA will also provide the best possible care to rehabilitate animals that have been neglected, abused or otherwise found to be in need of medical care. HSSA will also collect evidence on owner—relinquished animals, if suspected neglect or abuse is notated by an admission counselor or staff veterinarian. 8 Marana Council Study Session 03/14/2017 Page 24 of 38 Town of Marana ACO's and designees should communicate regularly with HSSA designated staff to coordinate drop-offs and special needs in a timely manner. Grievously injured companion animals should be taken directly to a full service veterinary clinic in a timely manner. HSSA proposes to share all relevant guidelines and historical documentation that will assist Town of Marana ACO's in achieving efficiency in their roles. The Town will need to provide licensing materials, including tags, for the purpose of issuing dog licenses to Town residents. iv. Innovative Approaches HSSA proposes a comprehensive and collaborative marketing effort between designated Town of Marana personnel and HSSA personnel, updating residents on Town changes. Marketing efforts could be accomplished through Direct Mail and Targeted Social Media ads. Costs would be paid for by Town of Marana. If any costs were associated with using HSSA platforms for delivery, and requested by Town of Marana, the Town would be responsible for reimbursement. HSSA has immense brand recognition and over 40k FB followers, as well as four(4) full time staff members to help with language and branding efforts. HSSA will provide assistance, when approved by Town of Marana officials and HSSA staff, to assist officers and other designees in animal handling training, behavior and temperament, evidence collection training, and other mutually agreed upon issues and topics that are representative and in the best interest of HSSA and Town of Marana. There will be no fees for training which occurs at our facility or in the field, as this is reflective of HSSA's mission and vision of collaborative efforts between agencies and municipalities. v. List of Subcontractors/Partners HSSA currently works with a variety of full service Veterinary Clinics in southern Arizona; Pima Pet Clinic, Valley Animal Hospital, Santa Cruz Veterinary Clinic, Veterinary Specialty Center of Tucson, Sunrise Pet Clinic, Ventana Veterinary Clinic, and SAVS. This is not an exhaustive list. HSSA recommends that the Town of Marana create partnership agreements with local veterinarians for emergency stray situations, when an animal is injured and needs to be stabilized or euthanized (hit by car, etc.). Twin Peaks, Marana 9 Marana Council Study Session 03/14/2017 Page 25 of 38 Veterinary Clinic, Cortaro Farms Veterinary Clinic and Ina Road Emergency Clinic are in Marana's proximity. HSSA is NOT a full service emergency clinic, and is not equipped to take in medical emergency situations. However, HSSA is able to take in stray animals as a transfer from the veterinary clinic, once stabilized. vi. Education Outreach and Other Services School Based Humane Education Programs Through a variety of school-based programs and community outreach, our team of humane educators reaches people all over southern Arizona. We offer children's programs beginning at third grade level. Our school-based programs bring humane education right to the classroom, providing interactive lessons on a variety of topics, including the Humane Society of Southern Arizona's mission and services, basic pet care, animal cruelty prevention and animal-related careers.These programs are offered free to any school in Pima County. Speakers Bureau—Adult Speaking Engagements and tabling events The HSSA provides informative and inspirational talks for civic groups, businesses or professional associations, senior organizations or other service organizations. It's important to our mission and vision that the community is informed and engaged. A Speakers Bureau presentation is a great introductory first step. HSSA would offer scheduled presentations at no cost to the Town of Marana. Pet Safety and First Aid -This class, developed by veterinarian Michael Lent of Pantano Animal Clinic and the Humane Society of Southern Arizona, is more than just a program on how to perform CPR or treat medical emergencies for cats and dogs. Participants will learn how to prevent emergencies; how to assist their vet in treating their pet; keep animals safe from local environmental hazards; avoid poisonous plants and household dangers; and identify and react to cruelty and neglect issues. And most importantly, lots of prevention! Court mandated Animal Cruelty Education-The Animal Cruelty Education Program is a cooperative effort between The Humane Society of Southern Arizona and member organizations with the Animal Cruelty Taskforce of Southern Arizona. The program's purpose is to provide adults with the educational background, access to services and day-to-day skills needed to make them better pet owners. Participants in the program have all received citations or have been adjudicated of violations relating to the care and treatment of their or other animals, or have been referred to the program by the Pima County Justice Courts, Tucson City Courts, behavioral health 10 Marana Council Study Session 03/14/2017 Page 26 of 38 care providers or other agencies. The program is not a court of law concerned with the determination of guilt or innocence, but an opportunity to learn the needs and problems confronting those individuals and the animals that share their homes and lives. HSSA proposes to offer two (2) annual Vaccination Clinics to Marana town residents, in Marana, at a mutually agreed upon dates) and location(s) to maximize attendance and compliance with Pima County rabies control laws. HSSA proposes that the Town of Marana offer an 'amnesty' program in year one (1), offering free rabies vaccinations to residents who are out of compliance. HSSA would be the service provider, and Town of Marana would cover, or subsidize, the cost of rabies vaccinations (payment to HSSA) and waive, or offer, reduced license fees to residents who show a good faith effort. HSSA would offer other vaccinations and services, such as Distemper/Parvo vaccinations and micro-chipping, at a low cost to Marana residents (payment responsibility of resident). Additional information will be provided in 'other services offered' section. HSSA proposes to offer two (2) annual adoption events in Marana Town limits for Marana residents, at a mutually agreed upon date(s), time and location. Standard pricing on current adoption fees would apply, along with mandatory payment of licensing fee for dogs. All adopted pets are vaccinated, chipped, licensed (dogs) and spayed/neutered before transferring ownership to an adopter. HSSA is willing to consider 'sponsored' adoptions, or waiving or reducing adoption fees, if sponsorship to cover those fees is obtained. B. Rules and Regulations i. Due to the length of HSSA's Standard Operating Procedure Manual and Medical Treatment Protocol Guideline Manual, these documents will be shared via a thumb drive to the Town of Marana Procurement Officer for review. 11 Marana Council Study Session 03/14/2017 Page 27 of 38 Financial Sustainability and Fee Proposal a. Financial Sustainability and Fees Year 3- Year 2- proposed Estimated Monthly Per Day-24 hour proposed 4% 3.85% Description Quantity period increase increase Animal Sheltering Services Dogs 29 $25 $26 $27 Cats 15 $25 $26 $27 Other 2 $15 $15 $15 One-time One-time fee One-time fee fee Emergency Vet Care $50 $50 $50 Non-emergency vet care $25 $25 $25 *Special Intake $35 $35 $35 emergency vet care and other animals, no increase proposed non-emergency vet care;treatment of contagious diseases during hold period *Includes Bite case quarantines(10 days); Confiscated,Court Case, Police Request,Owner Arrested, Potentially Dangerous or Vicious Dog HSSA proposes a 4% increase in the daily fee for year two (2) and a 3.85% increase in year three (3). This staggered increase captures HSSA overhead for staffing and increased operating costs in the new campus (Roger Road). H. Following, our quotation for Animal Care and Sheltering Service for the fiscal year beginning July 1, 2017 through June 30, 2020. The quotation for Basic Sheltering Service is based upon prior year/average intake. Basic Sheltering Service—Year One (housing of stray, impounded animals for 3 days): $46,125 based upon projected annual intake of 600 dogs/cats @ $25 per day x 3 days; 25 other @ $15 per day x 3 days. If an animal leaves our care sooner than the three (3) day holding period (returned to owner, euthanized), the Town will be charged based upon the actual number of days impounded, 12 Marana Council Study Session 03/14/2017 Page 28 of 38 unless claimed by owner. If an animal is returned to owner during or beyond the hold period, any redemption fees collected will be credited to the Town up to the maximum number of days that have been billed. Disease and Contagious Illnesses: On occasion animal shelters do experience contagious disease outbreaks or epidemics beyond our control, which puts the entire pet population at risk. While we make every provision to ensure quarantine and isolation of incoming animals, HSSA reserves the right to limit or manage intake to protect the current population, as well as any incoming cats and dogs. Town of Marana stray and confiscated animals will take priority even in these circumstances. HSSA will not be liable for any costs the Town may incur due to a temporary shelter closure. Observation/Special Intake Service: Includes Bite case quarantines (10 days); Confiscated, Court Case, Police Request, Owner Arrested, Potentially Dangerous or Vicious Dog: $35 per day x number of days impounded. If an animal is returned to owner*, the redemption fees collected will be credited to the town up to the maximum number of days that have been billed. * Return to Owner Animal: The owner or person entitled to the custody of any animal impounded can redeem such animal by paying impound fees accruing up to the time of such redemption. Private Veterinarian/Emergency Veterinary Care: If a pet owner is unable to be located and the injury or condition is life threatening and treatment is beyond the scope of HSSA Veterinary services, the animal should be taken to the nearest private contract Veterinarian/Emergency Animal Hospital. Town will be responsible for the costs of private contracted Veterinarian services. Once the animal is stabilized, the animal may be transferred to the care of HSSA. The attending Veterinarian may choose to euthanize to end irremediable suffering if the injury or condition is not treatable. Abandoned Animals: Hold the required number of days per state and local laws. Hoarding Cases: Animals retrieved from a hoarding environment should be surrendered by owner at time of confiscation. This not only limits the impound time and expense liability to the Town, but also enables HSSA to make decisions in the best interest of each animal. In the absence of owner surrender, HSSA suggests a requirement to post bond in the amount of$750 for each animal be mandated by the Town, or follow current Pima County bond requirements. Any hoarding case would need to be a joint collaboration between HSSA and the designated Town officials, to ensure capacity is available above and beyond the estimated number of animals being admitted annually by the Town. 13 Marana Council Study Session 03/14/2017 Page 29 of 38 Licensing: Licensing service will be provided for a processing fee of$4 per license. Fees from licenses and past due fees collected will be remitted to the Town monthly in arrears, less processing fees. Lifesavers Fund: The Town may elect to contribute $5 per altered and unaltered dog licenses to the LifeSavers Fund. The LifeSavers Fund will allow HSSA to offer a low cost spay/neuter program for the Town's residents who wish to have their pets spayed or neutered but cannot afford the surgery. Once residents are qualified, HSSA staff will work with Marana to assist qualified residents in obtaining spay/neuter services. Vaccination Clinics: HSSA proposes that the Town consider subsidizing two (2) offsite Canine Rabies/Licensing Vaccination Clinics at a reduced cost to residents, to ensure dog licensing compliance in the Town. Rabies vaccination fee is$13, DAPP fee is $12 and Micro-chip fee is $20, including free life-time registration. If the Town of Marana considers subsidizing a portion of the rabies vaccination to ensure participation and licensing compliance, HSSA proposes five ($5) co-pay to the resident, with the remainder of the cost to be billed to the Town. 4. Exceptions to this Request for Proposal M. Supply Controlled Substances HSSA will not dispense and supply the Animal Control Officers employed by the Town with controlled substances. Animals requiring euthanasia may be brought to HSSA, or a Veterinary Clinic that the Town may have a relationship with, for euthanasia on premises by a licensed Veterinarian operating under authority of HSSA or Premises Permit of a local Veterinary Clinic. 14 Marana Council Study Session 03/14/2017 Page 30 of 38 Attachment A— References Animal Sheltering Services- RFP#2016-032 Reference 1 Agency Name Graham County Animal Control Contact Name Terry Cooper Contact Title County Manager Contact Address 921 Thatcher Blvd, Safford AZ 85546 Contact Phone Number 928-428-3250 Contact Email Address tcooper@graham.az.gov Reference 2 Agency Name Friends of Bisbee Animal Shelter Contact Name Kelly Flannigan Contact Title President Contact Address 938 Toveraville Road, Bisbee AZ 85603 Contact Phone Number 917-749-5331 Contact Email Address bisbeefriends@gmail.com Reference 3 Agency Name Humane Society of the White Mountains Contact Name Regina Goetz Contact Title Alternative Placement Coordinator 3121 N Porter Mtn. Rd, PO Box 909, Lakeside AZ, Contact Address 85929 Contact Phone Number 928-368-5295 Contact Email Address hswmlakeside@&02qil.com 15 Marana Council Study Session 03/14/2017 Page 31 of 38 Attachment B — Price Page Animal Sheltering Services- RFP#2016-032 Prices must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, materials, printing, travel and mileage, postage, etc. Offerors must complete the Price Page below. The quantities shown are estimated only and the Town reserves the right to increase or decrease the amounts as circumstances may require. Offerors may add pricing for other services included but not listed. Estimated Monthly Per Day Description Quantity (24hr period) Animal Sheltering Services Dogs 29 $25 Cats 15 $25 Other 2 $15 Emergency veterinary care $50 (Please attach an additional sheet if needed to provide detailed summary of all itemized costs and service that will be provided by the Offeror as a result of this service contract. Please provide a flat fee cost for Emergency Veterinary Care of consideration. This fee should not be included in the cost of the one year contract.) *See page 12—a. Financial Sustainability and Fees 16 Marana Council Study Session 03/14/2017 Page 32 of 38 Animal Sheltering Services- RFP#2016-032 Attachment C—Animal Sheltering Services Supplemental Questionnaire 1. Please describe your company's philosophy on adoption and euthanasia. HSSA believes that all animals deserve a chance. The old misconception that shelter pets are `broken' is a fading myth. Companion animals end up in shelters and county pounds for a variety of reasons, from human related issues, financial barriers and a myriad of other life altering events. HSSA takes a three prong approach: Education and Outreach to enhance awareness and knowledge, encourage responsible pet ownership and offer solutions to help keep pets in homes; Prevention, by offering low cost spay, neuter and vaccine clinics to prevent unwanted litters and unnecessary illnesses; Adoption and Placement, by enriching a pets' time in our care through programs to rehabilitate and heal, assessing behavior and helping make matches to find forever homes. 2. What is your current euthanasia rate? Since 2014, HSSA's live release rate has been 95% or higher on an annual basis. 3. What is the distance of your facility from the Town of Marana Municipal Complex? Marana Operations Center? HSSA current Campus 3450 N Kelvin Blvd to 11555 W Civic Center Drive = 23.3 miles 3450 N Kelvin Blvd to 5100 W Ina Road = 12.5 miles HSSA New Campus (late 2017/early 2018) 635 W Roger Road to 11555 W Civic Center Drive = 20.1 miles 635 W Roger Road to 5100 W Ina Road = 8.2 miles 4. Will you be able to issue animal licenses on behalf of the Town? If yes, please indicate how this service will be facilitated and processing fee if any. HSSA proposes the Town purchase licensing tags and perform licensing in the Town. HSSA would also keep a secured supply of tags at our main campus and issue licenses at 17 Marana Council Study Session 03/14/2017 Page 33 of 38 time of rabies vaccination or adoption. HSSA proposes a fee similar to the current Pima County pricing structure of$18 for a 1 year license for altered dogs, $63 for a 1 year license for unaltered dogs. Licenses processed by HSSA would incur a $4 processing fee, paid by the Town. *Late fees assessed to owners should be determined by the Town. 5. The Town is requesting at least two drop off times per day. Please provide additional information on what your expectations of drop-offs are? HSSA proposes no limits to the number of drop off times, as long as they are within the posted admissions operating hours. Exceptions would be accommodated on a case by case basis. 6. Will you accept owner relinquished animals? If so, explain the process. HSSA currently accepts owner-relinquished animals by appointment only. HSSA will make exceptions on emergency cases only. By adhering to appointments, it allows us to manage our animal population and serve more quickly those most in need, i.e. stray and confiscate cases. There is a one-time per animal relinquishment fee of$45. The fee for relinquishment of a litter is $75. Owners will incur the cost of the relinquishment fee, which will be discussed at time of scheduling the appointment. HSSA proposes the Town consider paying the one-time relinquishment fee if an owner is unable to financially cover the fee. Additionally, HSSA does provide end of life services for owner released animals, at a cost to the owner 7. Do you offer on-site veterinary services? If so,explain. HSSA offers on-site veterinary care for stray and existing animals in our care. HSSA is not a full service veterinary clinic and is not permitted to offer emergency or routine veterinary care for owned animals. HSSA does offer on-site Spay/Neuter services and twice weekly Vaccination Clinics to the public. 18 Marana Council Study Session 03/14/2017 Page 34 of 38 8. Are you licensed to dispense and supply the controlled substances required by the Animal Control Officers for field captures and euthanasia per the usage shown on page 5? When will the controlled substances be available after request is made? Please see the exception notated in 4.a. HSSA recommends the Town partner with a local full service veterinarian if the Town wishes to have their ACO's trained to perform humane field euthanasia. HSSA cautions this practice, as many other communities have recently experienced public scrutiny, as well as social media backlash. 9. What other services can you provide that can benefit the Town of Marana,the community and Animal Control? As listed in the proposal: Education and Outreach Services, Vaccination/Licensing Clinics, Adoption events, etc. 10. Can you provide the community with Public Education with regards to Pet Health and Safety Yes. Please reference section under Education, Outreach and other services. HSSA encourages the Town to consider partnerships which bring additional services to the Town residents. AsaVet charities operates a mobile spay/neuter service, and may be willing to provide mobile spay/neuter services in the Town of Marana. Spay and neuter is a critical first step in encouraging responsible pet ownership. The Town should consider subsidized or partially subsidized funding sources to encourage residents to utilize services they may not otherwise pursue. 11. Can you hold Public Adoption events? As stated in the proposal, HSSA will offer two (2) annual adoption events at a mutually agreed upon place, date and time. 19 Marana Council Study Session 03/14/2017 Page 35 of 38 Key Personnel — Biography/Resume Brandy Burke—Chief Operations Officer Brandy has 8 years' experience with the Humane Society of Southern Arizona. Initially hired in 2009 to open and manage the first two offsite adoption and retail stores, she moved to the main campus shelter in 2013 to bring a new approach and innovative solutions to animal sheltering. Brandy has been the COO of HSSA since 2014. With a B.S. in Business Administration from Eastern Illinois University and over 20 years' experience in the for profit world, she is thrilled to be putting her background to use in creating a better community for pets and people. Christian Gonzalez—Director of Operations With 14 Years working at the Humane Society of Southern Arizona, Christian is responsible for the welfare of thousands of animals a year. He oversees admissions of stray and owner surrendered animals, making sure they get full medical care, behavioral assessment, enrichment and socialization. Sheltering area also includes Adoptions and the Lost and Found Department, which assists in reuniting lost animals with their families. He also manages the operations of both retail and resale stores at HSSA's satellite locations. Outside of his work responsibilities he has committed his time to other organizations, including being a proud member of the Animal Cruelty Taskforce and Tucson Herpetological Society (current Treasurer for both). His is a regular volunteer for the Reid Park Zoological Society and TMC Foundation, as well as facilitating nationwide reptile rescue for all reptiles. Pat Brayer—Clinic Director With a feral cat as her inspiration, Pat began volunteering at her local open admission Humane Society that also provided animal control services to four local jurisdictions in southern California. This eventually led to her becoming President of the Board of Directors and Acting Executive Director. Her focus included strategic planning, reinvigorating community support, establishing affordable spay/neuter and vaccination services, and educating potential adopters of the lifetime commitment every pet deserves. During the latter part of her tenure at the Humane Society, she directed the transition of the newly built Palm Springs Animal Shelter from a city government-run facility to management by a non-profit volunteer board of directors. Addressing severe over-capacity, first and foremost was building a highly skilled team of medical staff to insure the health of the animals and a dedicated kennel staff to insure their 20 Marana Council Study Session 03/14/2017 Page 36 of 38 well-being, and establishment of much needed affordable spay/neuter and vaccination programs for the Coachella Valley. Pat's prior career as an international Commercial Director has been the basis for sound business and management practices, easily translatable to the animal care field. She is deeply involved in animal care and control causes, and is in constant pursuit of continuing education in animal care and sheltering best practice. Having wanted to live in Arizona - and Tucson specifically-for over 30 years, she is overjoyed to become a part of the Humane Society of Southern Arizona, and to continue to contribute to the well-being of owned and shelter pets through progressive sheltering, affordable medical care and prevention of the over- population of companion animals. Jennifer Hubbard—Director of IT and Facilities Jennifer is a native Tucsonan and has been working for the Humane Society of Southern Arizona for nearly 24 years. Her previous experience also includes working in several engineering firms in Tucson. She is responsible for all of the I.T. and physical infrastructure including computers, printers, servers, phones, security, internet, grounds, vehicles, and other upkeep and maintenance of the physical properties of the organization. She has created and continues to maintain the internal database for the tracking of animals that the society cares for. She has a B.A. from the University of Arizona. Clay Bacon —Chief Financial Officer Clay Bacon brings over 30 years of financial management experience to the Humane Society of Southern Arizona. His career has spanned both the for-profit and not-for- profit sectors in construction, travel, tourism and hospitality, food distribution, and healthcare. His expertise includes budgeting, internal control systems, financial and strategic planning, systems implementations, and financial reporting. He has been with HSSA since August 2014. He has a B.A degree from the University of Wisconsin and is a Certified Public Accountant. Inge Koopman-Leyva - Associate Director of Education and Outreach 14 years' experience with HSSA—oversees classroom education, animal cruelty and neglect classes. Inge Koopman-Leyva is recognized throughout the region as an innovative, creative and organized leader in Humane Education serving the community for the last 14 years in Humane Education. The Education team reaches 21 Marana Council Study Session 03/14/2017 Page 37 of 38 over 5580 children each year visiting classrooms across Pima County. Inge also teaches the HSSA's pet safety and first aid classes, as well as all the court-mandated cruelty prevention classes for adults and juveniles convicted of crimes against animals. She is an active member of the Association of Professional Humane Educators and the Animal Cruelty Taskforce of Southern Arizona. Inge moved to Tucson in 2003 after working in New York City for many years as a Veterinary Technician and Membership Associate for the American Museum of Natural History. She has her B.A. in Anthropology, with a minor in Sustainable Development, from Hunter College in NYC. Mike Duffey—Animal Cruelty Investigator Mike Duffey is nationally recognized as an animal cruelty investigator, educator, lecturer, and authority on animal cruelty prevention and investigations. Mike spent more than 34 years with Arizona's Pima County Sheriff's Department as a Detective in a variety of assignments, including the role of SWAT operator (1973-2007), as a Nationally Certified Paramedic ( 1986-1998), and as the first dedicated Detective for Animal Crimes Investigations (1998). Mike is the co-founder, and the co-chair (1999- present) of "ACT"the Animal Cruelty Task Force of Southern Arizona. Det. Duffey has co-authored a training manual for animal crimes investigations ("The TOOLS of Animal Cruelty Investigations"), and has conducted training for several hundred law enforcement and animal control officers, Veterinarians, and Prosecuting Attorneys throughout the "Free World". Mike is currently an Honorary "Life" Member of the Arizona Veterinary Medical Association, and on the board of directors for the following Animal Welfare organizations- The International Veterinary Forensics Sciences Association (Past President), and "Equine Voices Rescue &Sanctuary", and "The Humane LINK-Arizona". He is also a member in good standing for the following organizations- National Sheriff's Assoc.( "National Coalition on Violence against Animals"), the Arizona State Bar Assoc-"Animal Law section" the Humane Society of the United States—"Law Enforcement Council" and "the Arizona Animal Control Officers' Association". Mike was also a founding member and past President of the "Arizona Coalition for Equines". 22 Marana Council Study Session 03/14/2017 Page 38 of 38