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HomeMy WebLinkAboutResolution 93-036 IGA with pima county for animal control servicesDOC'-- - 9708 F. ANN RODRIC RECORDER RECORDED BY: PAC 1119 DEPUTY RECORDER NO. uF PAGES: 9 2000 RD13 SEQUENCE: 94008051 W 01/13/94 DANIEL H HOCHULI RES 14:10:00 3275 W INA STE 109 MAIL TUCSON AZ 85741 AMOUNT PAID $ 14.00 RESOLUTION NO. 93-36 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY ANIMAL CONTROL SERVICES. WHEREAS, the Town of Marana, in the interests of public safety, is in need of animal control services to enforce the Town of Marana animal control ordinances. WHEREAS, Pima County has trained personnel capable of enforcing the Town of Marana animal control ordinances and has facilities for the impoundment and sheltering of stray animals. WHEREAS, pursuant to A.R.S. § 11-951 et seq. the Town and County are expressly authorized to enter into intergovernmental agreements. WHEREAS, it is mutually beneficial to each of the parties hereto for the County of Pima to provide animal control services as provided in the Intergovernmental Agreement between the parties. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Town of Marana will enter into an Intergovernmental Agreement with the County of Pima for animal control services. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of December, 1993. Mayo! r ORA H RN ATTEST: 7,0VED AS TO FO To rn y ?-??PPP ED AS TO FO TO meey _j#,q J 1 19 RESOLUTION NO. 1993- 211 RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, APPROVING AND AUTHORIZING EXECUTION INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS AS FOLLOWS: SECTION I: That the execution of the Intergovernmental Agreement between Pima County and the Town of Marana relating to animal control services is hereby authorized and approved. SECTION II: That the purpose of this Agreement is to provide animal control services to the town of Marana, on a reimbursement basis, and to grant limited police powers to the County Enforcement Agent within the boundaries of the Town of Marana. SECTION III: That the Intergovernmental Agreement shall become effective upon the date a fully executed copy is filed with the Pima County Recorder's office or the Secretary of State, as applicable. SECTION IV: That the Chairman of the Board of Supervisors, Mike Boyd, is hereby authorized and directed to execute said Agreement on behalf of Pima County. SECTION V: That the various County officers and employees be and here- by are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED AND ADOPTED THIS 7th day of T)eCen-ber , 1993. PIMA COUNTY BOARD OF SUPERVISORS By: Mike Boyd, Chairman ATTEST By: 6, S*. Vi Vrkms?,.:?lerk of the Board S . T APP 0 D AS TO,?FORM::, By: Deputy County Attorney 9708 1 120 /,? /- ?;.3 INTERGOVERNMENTAL AGREEMENT FOR ANE SERVICES PURSUANT TO A.R.S. § 11-951, ET SEQ. BI THE TOWN OF MARANA, A MUNICIPAL CORPORA COUNTY, ARIZONA, A POLITICAL SUBDIVISION 01 ARIZONA RELATING TO ANIMAL CONTROL. ' K Ali on "' %=Von= anad PO"Ining to this TE OF I THIS AGREEMENT made and entered into this 2th day of Decenber , 1993, by and between the TOWN OF MARANA, a municipal corporation (hereinafter "TOWN"), and Pima County, Arizona, a political subdivision of the State of Arizona (hereinafter "COUNTY"), for the purpose of entering into a cooperative effort for the provision of animal control services between Pima County, through the Pima Animal Control Center, and the Town of Marana for the enforcement of the Town of Marana Animal Control Code. WITNESSETH: WHEREAS, the Town Council of the TOWN desires to enter into an agreement with the COUNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals; WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; WHEREAS, the COUNTY is engaged in certain activities relating to the operation of a COUNTY pound, vaccination and rabies control, stray animal impoundment, including an animal control center, and is therefore presently able to provide assistance and services to the TOWN for animal control; and WHEREAS, in accordance with A.R.S. § 11-951 et seq., the TONVN and COUNTY are expressly authorized to enter into intergovernmental agreements, NOW, THEREFORE, THE TOWN AND COUNTY DO HEREBY AGREE: 1. The County Enforcement Agent, hereinbefore designated by the Pima County Board of Supervisors to be the Pima Animal Control Center, and all employees thereunder, be named "Town Enforcement Agents." 2. The Town Enforcement Agent shall administer and enforce the provisions of the Marana Animal Control Code, state and county law, and all services related thereunder, including such amendments to said codes as may be passed from time to time. -Page 1-- 9703 1 121 q-R 9 - 9,5 3. For the purposes of this agreement, that certain ordinance know as the Town of Marana Animal Control Code is hereby adopted and made a part of this agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents are, pursuant to this agreement, granted those 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 the vaccination, licensing and other activities arising from their duties as Town Enforcement Agents. 5. It is further agreed that the scope of services of this enforcement program as set forth in Exhibit "A" attached hereto, shall be carried out in accordance with the desires of the COUNTY and TOWN as such desires may be expressed from time to time by the Pima County Board of Supervisors or the Town Council of Marana. The scope of service requirements shall be reviewed annually during the TOWN budget process and service level requirements shall be revised, if necessary, in accordance with availability of funds allocated for animal control purposes by the TOWN. Any such revision shall be in the form of an amendment to this agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Marana Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Marana Animal Control Code, as amended, pursuant to this agreement. All fines collected by the Marana Magistrate Court as a result of the enforcement of the Marana Animal Control Code, as amended, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its own purposes. 7. The Town Enforcement Agent, acting under this agreement, shall collect animal licensing and kennel fees and such fees as may be rendered applicable under the Marana Animal Control Code and/or state or county ordinance, including but not limited to A.R.S. § 11-1101 et. seq., said funds to be credited to the TOWN for costs incurred pursuant to this agreement. 8. The COUNTY shall, before the beginning of the COUNTY fiscal year, submit to the TOWN a copy of the proposed succeeding- fiscal year operating and capital outlay budget by jurisdiction, including but not limited to estimated of income from all fees, licenses and charges by jurisdiction and estimated TOWN contributions to the Animal Control budget, if any. TOWN contributions shall be paid on an annual basis as hereinafter set forth. -Page 2-- 9708 1 122 9. The TOWN shall be extended complete cooperation and access to all documents relating to the Pima Animal Control Center. 10. Persons employed by the COUNTY in performance of services and functions pursuant to this agreement shall have no claim to pension, civil service or other employee rights granted by the TOWN to its officers and employees. 11. The parties stipulate and agree that COUNTY is not an employee of the TOWN, and is performing its duties hereunder as an independent contractor, supplying its own employees, and maintaining its own insurance, worker's compensation insurance, and handling all of its own internal accounting. The TOWN in no way controls, directs or has any direct responsibility for the actions of the COUNTY herein. The COUNTY shall ftirther be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and the Americans with Disabilities Act, and shall indemnify and hold harmless the TOWN for any liability arising from failure of the COUNTY to comply with said acts. Said indemnification to include costs of suit pursuant to Paragraph 12 of this Agreement. 12. The COUNTY shall indemnify, defend and hold harmless TOWN, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of COUNTY, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. 13. The COUNTY, through its Health Department's Director, shall submit to the TOWN on an annual basis, prior to June 30, a statement of year-to-date receipts, disbursements and balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursements shall exceed the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover such TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. In no event shall the total obligations of the TOWN, prior to any credit as allowed herein or otherwise, for any fiscal year, exceed the sum of ten thousand dollars ($10,000.00). In the event that the disbursements by the COUNTY for the TOWN for any fiscal year exceed the sum of ten thousand ($10,000.00) dollars, the county shall set the amount due at ten thousand dollars, --Page 3-- 9708 1 123 and shall deduct from that amount, any receipts and credits as provided herein. In the event this paragraph must apply to a partial year, such as the first year of this agreement, the ten thousand dollar ceiling shall be prorated for such year. Should there be no TOWN deficit for a particular year, the TOWN surplus in the Pima County Rabies Control Fund shall be credited to the following year, to be treated as part of TOWN receipts in the calculation of a TOWN deficit, if any, for the next year. The procedure set forth herein shall be followed for each year during the term of this agreement. Should a TOWN surplus in the Pima County Rabies Control Fund result from the calculations made at the conclusion of the final period-end of this agreement, an amount equal to such a TOWN surplus shall be returned to the TOWN by the Pima Animal Control Center within thirty (30) days. 14. The terms of this agreement shall become effective upon recordation with Pima County Recorder's Office, and shall continue until June 30, 1994. 15. This agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any limitation imposed by budget law or other applicable state or local law or regulation. 16. This agreement may be terminated by either party upon six (6) months written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Control Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Control Center shall tender payment of any surplus. 17. Any assignment or attempted assignment of this Agreement by either party without the prior written consent of the other party shall be void. 18. The failure of either party to insist on any one or more instances upon the full and 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 be construed as 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 be construed as an accord and satisfaction. -Page 4-- 97 08 1 124 19. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any department of either, may, within three years after its execution, cancel any contract, without penalty or finther obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 20. The parties hereto shall comply with all applicable federal, state and local statutes, ordinances and regulations. IN WITNESS WHEREOF, we have hereunto set our hands this 7th day of December _,1993. PDv1A COUNTY BOARD OF SUPERVISORS By: CHAIRMAN DEC - 7 1993 TOWN OF MARANA, a municipal corporation, By:- ?1?) MAYOR -Page 5-- Q, 97G8 1 125 This contract which is an agreement between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is proper form and is within the powers and authority granted under the laws of the State of Arizona. By:Z, , L2 6 le- DEPUTY COUNTY ATTORNEY TOWN ATtdt9qtY --Page 6-- 9708 1 126 "EXHIBIT A" SCOPE OF ANIMAL CONTROL SERVICES FOR THE TOWN OF MARANA FY 93/94: ESTIMATED WORKLOAD AND COSTS FOR ENFORCEMENT AND SHELTER SERVICES: TYPEIACTIVITY EST. WORKLOAD EST. COST ANIMAL BITES 15 CASES $1,173.00 BITING DOG I CASE $ 289.00 DOGS AT LARGE 120 CASES $2,775.00 NUISANCE/MISC. 35 CASES $1,203.00 ANIMALS IMPOUNDED 87 ANIMALS $1,607.00 EUTHANASIA SERVICE 58 ANIMALS $ 530.00 ENFORCEMENT & SHELTER COSTS $7,577.00 ESTIMATED WORKLOAD AND COSTS FOR LICENSING AND GENERAL PUBLIC SERVICES: TYPE/ACTIlaTY EST. WORKLOAD EST. COST LICENSE PROCESSING 449 LICENSES $1,282.00 ADOPTION/REDEMPTIONS 2 8 ANIMALS $ 514.00 DEAD ANIMAL REMOVAL 22 CALLS $ 245.00 PUBLIC ED/RELATIONS 2 ENC. $ 68.00 LICENSING & GENERAL SERVICES COSTS $2,109.00 ESTIMATED TOTAL COSTS $9,686.00 -Page 7-- 9703 1 127