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HomeMy WebLinkAboutResolution 2002-037 IGA with pima county for animal control servicesMARANA RESOLUTION NO. 2002-37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MAKANA, ARIZONA, ACCEPTING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES BY PIMA COUNTY ANIMAL CONTROL WITHIN THE TOWN LIMITS OF MARANA, ARIZONA. WHEREAS, THE Town has been a party to an Intergovernmental Agreement with Pima County for many years, authorizing the County to perform all animal control services within the Town limits; and WHEREAS, the Pima County Animal Control will collect license and kennel fees for animals within the Town and apply those fees to the cost to the Town for animal control services, and the difference, not to exceed Ten Thousand Dollars ($10,000.00) per year, is the responsibility of the Town; and WHEREAS, the renewal of the Intergovernmental Agreement between the Town of Marana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, do hereby accept and authorize the renewal of an Intergovernmental A~eement between the Town of Marana and Pima County for the provision of Animal Control Services by Pima County ,animal Control within the Town limits of Marana, Arizona. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Intergovemrnental Agreement on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of March, 2002. ATTEST: APPROVED AS TO FORM: · ~D~tel J. Hochuh, as To~ A~om y ~",aa,~'~ ~d not personally Marar~. Arizona Resolution No.2002-20 F. ANN RODRIGUX?u, RECORDER RECORDED BY: D K DEPUTY RECORDER d 7864 PE3 P0230 PIMA CO CLERK OF THE BOARD PICKUP DO(- 2: 11801 PAGE: 750 NO. OF PAGES: 10 SEQUENCE: 20020950270 05/16/2002 AxS 13:00 ,_PICKUP AMOUNT PAID $ 0.00 RESOLUTION NO. 2002 -70 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, ARIZONA AND THE TOWN OF MARANA FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN LIMITS OF MAP-,kNA, ARIZONA. WHEREAS, Pima County, Arizona has established and operates a facility known as the Pima Animal Control Center located at 4000 North Silverbell Road, which facility functions as a County dog pound for the impoundment of live animals and the disposal of dead animals, and which facility presently employs trained personnel familiar with matters of animal impoundment and dead animal disposal; WHEREAS, the Town of Marana is currently lacking similar or suitable facilities for the provision of animal control services; WHEREAS, it is in the best interest of Pima County, Arizona and Town of Marana for the Pima Animal Control Center to provide certain animal control services to the Town of Marana, and to enter into an Intergovernmental Agreement for that purpose pursuant to A.R.S. § 11-951 et seq. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, as follows: Section 1. That it is necessary to enter into an Intergovernmental Agreement to provide the services of the Pima Animal Control Center to the Town of Marana; Section 2. That the Chairman of the Pima County Board of supervisors is hereby authorized and directed to sign said Intergovernmental Agreement, a copy of which is attached hereto. Section 3. That the various Pima County officers and employees be and hereby are authorized and directed to perforrn all acts necessary and desirable to give effect to this Resolution. I ResoMamna PASSED, ADOPTED, AND APPROVED by the Pima County Board of Supervisors, this 7th day of MAY '2002. PIMA COUNTY BOARD OF SUPERVISORS e--n BY: Chair t4W 0 7 2002 ATTEST: Clerk of the Board of Supervisors MAY 0 7 201012 APPROVED AS TO FORM: 1beLu ty Attorney ?, Coun ' RmMmna MARANA RESOLUTION NO. 2002-37 A RESOLUTION OF THEMAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES BY PIMA COUNTY ANIMAL CONTROL WITHIN THE TOWN LIMITS OF MARANA, ARIZONA. WHEREAS, THE Town has been a party to an Intergovenuriental Agreement with Pima Count), for many years, authonizing the County to perform all animal control services within the Town limits; and WHEREAS, the Pima County Animal Control will collect license and kennel fees for animals within the Town and apply those fees to the cost to the Town for animal control senices, and the difference, not to exceed Ten Thousand Dollars (S 10,000.00) per year, is the responsibility of the Town; and WHEREAS, the renewal of the Intergovernmental Agreement between the Town ofMarana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. . NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, A-tizona, do hereby accept and authorize the renewal of an Intergove=ental Agreement between the Town of Marana and Pima,,County for the provision of Animal Control Services by Pima County Animal Control within the Town limits of Marana, Arizona. BE IT FURTHER RESOLVED that the - Mayor is authorized to execute said Interc Yovemmental Agreement on behalf of the Town of Marana. PASSED AND ADOPTED bythe Mayor and Council of the Town of Marana, Arizona, this 19th day of March, 2002, ATTEST: e::??ayor WY&TTON, JR. XI APPROVED AS TO FORM: yn (I. Entz, Town Marina. Arizotm Resolution No.2002-20 A- f- s 4,-EAL J41 W and not personally )NTRACT No. esa'z AMENDMENT NO. This numter must aDoear on an Invoices, corresponcence and documents perlaintrig to this contract, I INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE TOWN OF MARANA, A MUNICIPAL CORPORATION AND PIMA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA. THIS Intergovernmental Agreement "AGREEMENT" is entered into on this 7"'?day of 2002, by and between TOWN OF MARANA, a municipal corporation, hereinafter referred to as "TOWN" and Pima County, Arizona, a political subdivision of the State of Arizona hereinafter referred to as "COUNTY". 1. RECITALS: 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 impoundtnent 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 purposes and; WHEREAS, pursuant to the provisions of A.R.S § 11-951 et seq., the ' TOWN and COUNTY are expressly authorized to enter into an intergovernmental agreement to provide such services. Marana NOW, THEREFORE, the TOWN and COUNTY, pursuant to the TOWN's Resolution No. 2002-37 and the COUNTY's Resolution No. 2002-70 , do hereby agree as follows: 11. PARTIES OBLIGATIONS: 1. The County Enforcement Agent, herein designated by COUNTY to be Pima Animal Control Center, and all employees thereunder, shall be referred to herein as "Town Enforcement Agents." 2. The Town Enforcement Agents shall administer and enforce the provisions of the Marana Animal Control Code, applicable state laws, and all services related thereunder, including such amendments to said laws as may be passed from time to time. 3. For the purpose of this Agreement, that certain Ordinance known as the Town of Marana Animal Control Ordinance is hereby adopted and made a part of this Agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents shall be granted those limited police powers necessary to carry out duties imposed by this Agreement, together with any powers necessary for such agents to engage in the vaccination, licensing and other activities arising from their duties as Town Enforcement Agents. 5. The services performed under this Agreement shall be carried out in accordance with Pima Animal Control Center Policies and Procedures, and 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. Such 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 a wTitten amendment to this Agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Marana Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Marana Animal Control Code, as amended, pursuant to this Agreement. All fines collected by the Marana Magistrate Court as a result of the enforcement of the Marana Animal Control Code, shall be the property of the-TOAN, and the TOWN shall be entitled to use the funds for its purposes. 7. The Town Enforcement Agents, acting under this Agreement within the jurisdictional limits of the WYNN, shall collect animal licensing and kennel fees and such fees as may be required under the Marana Animal Control Code and/or state statutes, including but not limited to A.R.S. § 11-1101 et. seq. Said funds are to be credited to the TOIAN 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 the estimated income from all fees, licenses and charges by jurisdiction and estimated TMNN contributions to the Animal Control budget, if any. TOIAN contributions shall be paid on an annual basis as hereinafter set forth. 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 employees' rights granted by the TONAN to its officers and employees. 11. The Parties stipulate and agree that COUNTY is not an employee of the TOWN, and is performing its duties hereunder as an independent contractor, supplying its own employees, and maintaining its own insurance, worker's compensation, and internal accounting. The TOWN in no way controls, directs or supervises the actions of the COUNTY under this Agreement. 12. The TONAN and the COUNTY shall indemnify, defend and hold harmless each other, each other's 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 intentional or negligent act or omission of the indenmitor's agents, employees, or anyone acting under its direction, control or on its behalf. 13. The cost of services charged to TONAIN by COUNTY under this Agreement shall include those costs associated with the use and access to certain departments within the COUNTY by the Town Enforcement Agents, which use and access is necessary for the performance of services and functions pursuant to this Agreement, including but not limited to: Marana (a) Pima County Health Care System; (b) Pima County Health Department; (e) Pima County Facilities Management Department; (d) Pima County Automotive Services Department; (e) Pima County Transportation & Flood Control Department; (f) Wastewater Management Department; and (g) Pima County Information Services Department. 14. The COUNTY, through its Health Department Director, shall submit to the TOWN on an annual basis, prior to June 30, a statement of year to date receipts, disbursement and balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursement exceeds the annual TOWN receipts, the TOWN shall deposit fands sufficient to cover the 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 TOWN's deficit for any fiscal year exceeds the sum of ten thousand ($10,000.00) dollars, the COUNTY shall limit the amount due at ten thousand dollars for that fiscal year. Any excess over the ten thousand dollar limit shall be carried over to the following year and be treated as part of TOWN total encumbrance in the calculation of the TOWN balance for the next year. In the event this p aragraph must apply to a partial year, such as the first year of this Agreement, the ten thousand dollar ceiling shall be prorated to the sum of eight hundred and thirty three ($833.00) dollars per month or part of a month for each month in which services were provided for such years. Should there be a TOWN surplus in the Pima County Rabies Control Fund, such surplus shall be credited to the following year and be treated as part of TOWN receipts in the calculation of the TOWN balance 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 Mamna to such a TOWN surplus shall be retumed to the TOWN by the Pima Animal Control Center within thirty (30) days. Ill. DURATION AND EFFECTIVE DATE: 15. The term of this Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2004. 16. This Agreement may be renewed for an additional term of two' (2) years upon mutual agreement of the Parties, effective upon filing the original executed renewal agreement with the Pima County Recorder's Office. IV. APPLICABLE LAW: 17. This Agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulation. The Parties hereto shall comply with all applicable federal, state and local statutes, ordinances, regulations, rules, standards and executive orders. V. TERMINATION: 18. This Agreement may be terminated by either Party, with or without cause, upon sixty days 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. VI. ASSIGNMENT: fc- 19. Any assignment or attempted assignment of this Agreement by either Party without E- the prior written consent of the other Party shall be void. 2 Marana VII. NON-WAIVER: 20. 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. VIII. CONFLICT OF INTEREST: 21. This Agreement is subject to the provisions of A.R.S. §38-511. IX. NON- APPROPRIATION: 22. Notwithstanding any other provisions in this Agreement, this Agreement may be terminated with or without sixty (60) days notice if the County Board of Supervisors does not appropriate sufficient funds for the purpose of maintaining this Agreement. X. ENTIRE AGREEMENT: 23. This document contains the entire Agreement between the Parties and it may not be modified, amended, altered or extended except by a written amendment executed by both Parties. XI. NON-WARRANTY: 24. The Parties do not warrant their respective right or power to enter into this Agreement and if the same is declared null and void by court action initiated by third persons, there shall be no liability to the other Party by reason of such action or by reason of the Agreement. Mamna IN WITNESS WHEREOF, we have hereunto set our hands this 711A -day of Mo- 2002. PIMA COUNTY By: CHAIR, BOARD OF SUPERVISORS MAY 0 7 M ATTEST By: CLERK OF THE BOARD MAY 0 7 20 By: 7(--; , DIRECTOR PIMA COUNTY HEALTH DEPARTMENT TOWN OF MARANA, a Municipal Corporation. By: Vi MA-YOj ATTEST OWN CfERK This Intergovernmental Agreement which is a contract 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 in proper form and is within the powers and authority granted under the laws of the State of Arizona. Contractor shall comply with all applicable provisions of the Americans with Disabilitiepy: Act (Public Law, 101-336, 42 U.S.C. 12101 12213) DEPUTY?GOUNTY ATTORNEY and all applicable Federal Regulations under the Aet including 28 CFR Parts 35 & 36. By... -EY TOWN ATTORN Marana