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HomeMy WebLinkAboutResolution 89-022 IGA between Marana and Pima County for enforcement relating to dogsRESOLUTION 89-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA APPROVING A CERTAIN INTERGOVERNMENTAL AGEE~/qT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY RELATING TO THE ENFORCEMENT OF TITLE 24, ARIZONA ~EVISED STATUTES WHEREAS, Pima County is engaged in certain activities related to the operation of a County dogpound, vaccination and rabies control, pursuant to A.R.S. Sections 24-361 through 24- 381; and WHEREAS, the Town of Marana does not have any similar or suitable facility for said purposes; and WHEREAS, the Town of Marana is empowered, pursuant to A.R.S. Section 11-951, to enter into intergovernmental agreements with other governmental agencies; and WHEREAS, the Town Council has determined that there exists a problem in the Town of Marana with dogs running at large, and has further determined that it would be in the best interests of the Town of Marana to enter into an agreement with Pima County for the enforcement of Title 24, Arizona Revised Statutes. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Marana, as follows: 1. That the Town Council hereby approves that certain intergovernmental agreement between the Town of Marana and Pima County relating to the enforcement of Title 24, Arizona Revised Statutes, a copy of which is attached hereto and made a part hereof. 2. That the Mayor is hereby authorized to execute such agreement on behalf of the Town of Marana. WHEREAS, the immediate operation of this Resolution is necessary for the preservation of the public peace, health and safety of the Town of Marana, Arizona, an emergency .is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 6th day of June, 1989. MAYOR ATTEST: TOWN CLF~RK ~ APPROVED AS TO FORM: RESOLUTION NO. -19-8-9:-a4--- RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, APPROVING AND AUTHORIZING EXECUTION OF 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 Pi-ma County end the Townof Narana relating to animal control, vaccination and impoundment is hereby authorized and approved. SECTIDH II: That the purpose of this Agreement is to provide animal control services for the Town of Harana, on a reimburseable basis, and to grant limited police powers to the County Enforcement Agent within the boundaries of the Town of Marana. SECTIOH 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 Arizona Secretary of State, as applicable. SECTION IV: That the Chairman of the Board of Supervisors, Dan Eckstrom, is hereby authorized and directed to execute said Agreement on behalf of Pima County. SECTIOH V: That the various County officers and employees be and hereby are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED AND ADOPTED THIS J_kj?___ day of 1989. IMA By: ATTES By: R4 I I I WM, Am r- Wo APPYVED AS TO FORM: A UG 0 11989 By: -e q-y- ------ rman INTERGOVERNMENTAL AGREEMENT FOR SERVICES BETWEEN-TH TOWN-- OF MARANA, A BODY POLITIC, AND PIMk-COUNTY,,-ARI-ZONA,-A %11 POLITICAL SUBDIVISION OF THE STATE 0F`_ARIZONA_-1'-RErATIN& Toid THE ENFORCEMENT OF TITLE 24, ARIZONIV,REVtStlif,?SIATUtESthII3 THIS AGREEMENT, made and entered into this ]??day of 1989, by and between the Pima County Board of Supervisors, hereinafter referred to as"County", and the Town of Marana, hereinafter referred to as "Town", for the purpose of entering into an agreement between the Pima County Animal Control Center and the Town for the enforcement of Title 24, Chapter 2, Articles 8 and 8.1 of the Arizona Revised Statutes, and all services related thereunder. This agreement shall supersede and cancel any prior agreements heretofore entered into between the Town and County for the services hereinafter stated. WITNESSETH: WHEREAS, the Mayor and Council of the Town of Marana have determined that there exists a problem in the Town of Marana with dogs running at large; and WHEREAS, pursuant to A.R.S. Section 24-361 through 24- 381, the County of Pima and the Board of Supervisors are engaged in certain activities related to the operation of a County dog pound, vaccination and rabies control, and are, therefore, possessed of certain facilities for such purposes including an Animal Control Center presently in operation at the intersection of Silverbell Road and Sweetwater Drive, and since the Town of Marana is lacking in the possession of any similar or suitable facilities for said purposes, and since the County Enforcement 8598 742 Agent is responsible for the enforcement of the provisions of Title 24, Chapter 2, Article 8 of the Arizona Revised Statutes, and since the County is presently in possession of certain trained personnel familiar with the matters involved in animal control, vaccination and impoundment, and it, therefore, appearing that considerable expense and -duplication as well as inconvenience to the public could be avoided by the use of the County's facility and staff embracing the enforcement of State statutes within the Town; NOW, THEREFORE, the Town and the County, pursuant to the provisions of A.R.S. Section 11-951 et seq., do hereby agree: 1. That the County Enforcement Agent shall administer and enforce the provisions of Articles 8 and 8.1, Chapter 2, Title 24, Arizona Revised Statutes within the boundaries of the Town. 2. That said County Enforcement Agent be granted those limited police powers necessary from time to time to carry out duties in the Town which are imposed by State law and this agreement, including any and all powers as may be necessary for such agent to engage in the vaccination, licensing and other activities arising from its duties as County Enforcement Agent. 3. It is further agreed that the scope of services of this enforcement program as set forth in Exhibit '11" 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 Marana Town 2 8598 743 Mayor . and Council. 4. That the Town Attorney shall prosecute and the Town Magistrate Courts shall handle all criminal matters arising out of the enforcement of Title 24, Arizona Revised Statutes, pursuant to this agreement. That all fines collected by the Town Courts as a result of the enforcement of Title 24, Arizona Revised Statutes, as amended, shall be deposited in the Marana Magistrate Court fund. 5. Further, the County agrees to indemnify, defend and hold harmless the Town from every and all liability for injuries to persons or property caused solely by acts or omissions of the County arising out of the County's activity in performance of this agreement. 6. 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 or employees. 7. The term of this agreement shall begin July 1, 1989 and shall continue until September 30, 1989. 8. This agreement and all obligations upon the County or the Town arising therefrom shall be subject to any limitation imposed by budget law or other applicable state or local law or regulation. 9. The Town will pay to the County the sum of $15.41 for each response within the Town limits by a County Enforcement Agent pursuant to a request of a Town resident or Town official; 3 8598 744 the Town shall also pay to the County the sum of $21.97 for each animal which is physically picked up within the Town limits and subsequently incarcerated by a County enforcement agent; provided, however, that the total sum of the foregoing charges shall not exceed $755.68 during the term of this Agreement. IN-WITNES'S WHEREOF, we have-hereunto set our hands this day of 1 1989. PIMA CQIM26:.?W PSOUPERVISORS BY: MARANA, a body politic BY: Q2"-2 '4? MAYOR tl ATTEST: T : " 0 1 = t U ? TOWN CYMK 4 8598 745 The contract which is an agreement between public agencies has been reviewed pursuant to A.R.S. Section 11-952 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: jo ?, Z" DEPUTY COUNTY ATTOnEY B Y : ?21111 ele 7 - VWN ATTORNEY/' r 5 8598 746 EXHIBIT 1 SCOPE OF SERVICES A. ANIMAL CONTROL FIELD ENFORCEMENT (PATROL/COMPLAINT RESPONSE 1. It is understood that the deployment schedule may change from time to time as necessary depending upon f actors such as time of year (Summer vs. Winter), availability of staf f and equipment, emergency situations, etc. Schedule changes may be suggested by either the Town or County and adopted upon mutual agreement by both parties in order to respond to or allow for: a. EMERGENCY SITUATIONS: To provide deployment flexibility to cope with emergency situations should a bona fide emergency such as a rabies emergency occur in Pima County, the Director of the Pima County Animal Control Center may need to address the problem with all available resources; therefore, upon notification the Town will automatically approve a temporary deviation f rom any established deployment schedule to meet the emergency demands. b . CHANGES IN WORK LOAD: Should the call loads for animal control officers change significantly so that a different deployment pattern in the Town is more effective and feasible, the Director of the Pima County Animal Control Center will so advise Town staff and both parties will decide upon a more effective deployment program. C. OTHER EXTENUATING FACTORS: Other unanticipated factors may enter into the effective deployment of field 6 8598 747 enforcement officers; therefore, both the Town and County agree to work together to develop deployment schedules to meet the animal control enforcement needs of the Town of Marana within the financial resources allocated for this program. B. DEAD ANIMAL PICK-UP The Pima County Animal Control Center shall provide dead animal pick-up and disposal services within the Town of Marana on a seven day a week basis (one shift per day). Service shall include holiday coverage. C. RESPONSE TIME PCACC will respond in a timely manner to complaints from Marana residents and Town staff regarding stray animals within the Town limits, and attempt to impound all unlicensed and/or stray dogs or to issue criminal citations to owners of unlicensed and/or stray dogs for violations of all applicable animal control Ordinances and statutes. 7 8598 748