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HomeMy WebLinkAboutRES 15-23t RESOLUTION NO. 15-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION T O ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ANIMAL CONTROL SERVICES. WHEREAS,Pinal County, a political subdivision of the State of Arizona ("County")and the City of Apache Junction,an Arizona municipal corporation ("City"), desire to enter into an Intergovernmental Agreement ("IGA")allowing County to provide emergency animal control services to the City of Apache Junction; and WHEREAS,County maintains a region -wide animal control facility; and WHEREAS,City is interested in contracting with County to assist City in certain animal control services on an as -needed basis, to include emergency euthanasia and rabies procedures, as well as emergency boarding and care services; and WHEREAS,this mutual cooperation would result in public savings and governmental efficiencies; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into intergovernmental agreements with one another for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and City Council approve the Intergovernmental Agreement regarding animal control services,a copy of which is set forth in Attachment "A". 2.City staff shall record such document in the Pinal County Recorder's office within sixty (60)days after full execution by all Parties. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS fie-Pi-DAY OF , 2015. RESOLUTION NO. 15-23 PAGE 1 OF 2 f --r+SIGNED AND ATTESTED TO THIS n t p DAY OF I , 2015. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 6. 8.15 RICHARD J. STERN City Attorney RESOLUTION NO. 15-23 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEEMENT BETWEEN CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made and entered into this day of 2015, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City") and PINAL COUNTY, a political subdivision of the State of Arizona (hereinafter referred to as "County"), both collectively being referred to herein as the "Parties", or individually as a "Party". RECITALS: A.Animal control services provided to City residents are sometimes limited to when its animal control facility (known as the Paws and Claws Care Center at 725 E. Baseline Road, Apache Junction, AZ) is open. B.County maintains a region wide animal control facility located at 1150 South Eleven Mile Corner, Casa Grande, AZ. C. The City is interested in contracting with the County to assist City in certain animal control services on an as -needed basis, to include emergency euthanasia and rabies procedures, as well as emergency boarding and care services. D.This mutual cooperation would result in public savings and governmental efficiencies. E.The Parties have the desire to assist each other and are each authorized to enter this Agreement pursuant to A.R.S. § 11-951,et seq. AGREEMENT NOW, THEREFORE,in consideration of the Mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1.PURPOSE:The purpose of .this Agreement is to set forth the services provided between the Parties. 2.CITY AND COUNTY ANIMAL CONTROL SERVICES A.EUTHANASIA SERVICES i.County's Obligations: a. At the request of the City and within two (2)hours of contact, provide euthanasia services when City personnel are not available,or in any emergency situation as determined by the City. When responding to a request for euthanasia services, County retains complete discretion regarding the need for the animal to be euthanized. City's Obligations: a.City will reimburse County for any expenses incurred when providing euthanasia services including the cost of materials and personnel as set forth in Exhibit A. B.RABIES TESTING i.County's Obligations: a. At the request of City, County shall initiate post -exposure prophylaxis on animals. b. When requested by the City to investigate a rabies exposure the County will work with county and state health department officials to determine appropriate action and carry out the appropriate actions. ii.City's Obligations: a. After mandatory ten (10) day quarantine, City shall contact County prior to animal euthanasia in order to provide County sufficient time to respond to the request for such service. b. If the animal is unable to complete the ten (10)day quarantine due to illness or other circumstances,City shall contact County as soon as City becomes aware of the need for County services. C.BOARDING SERVICES I.County's Obligations: a. County shall provide City with animal boarding services upon request subject to available space limitations. 2 b. While boarded with County, County shall provide animals with adequate food,water and shelter to maintain an animal in a healthy condition. c.County shall provide any animals in their control with a standard of care equal to or greater than the standard of care the animal would have received if under the care of City. ii.City's Obligations: a.City shall reimburse County for the cost associated with boarding as set forth in Exhibit A. b.City shall deliver animals to be boarded to the County facility unless other arrangements are made with the County in advance. E.TEMPORARY ANIMAL CONTROL ASSISTANCE i.County's Obligations: a.County shall provide temporary short term animal control services to City when City determines its own staff is not able to provide services as needed. b. County shall provide assistance to the Apache Junction Police Department as well as the public with typical animal control related activities including but not limited to containing animals at large, assisting animals in distress, responding to animal bites, and transporting animals to appropriate animal care facility when necessary and requested by the City. ii.City's Obligations: a. City shall reimburse County for the cost associated with temporary animal control assistance and related services as described above and monetarily set forth in Exhibit A. 3.INDEMNIFICATION AND INSURANCE:To the extent permitted by law, the Parties covenant and agree to fully indemnify, hold harmless and defend each other and their directors,council members,board members, officers, agents, servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by each Party or their directors, council members, board members, officers, servants, employees or agents.If any action or claim shall be brought or asserted against either Party their directors, council members, officers, agents, servants or employees for which indemnity may be sought from either Party, then the Parties shall promptly notify each other in writing.The Parties agree to within ten (10) working days of receiving such notice, assume the defense of each other, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred.This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of the Parties, their directors, council members, board members, employees and agents.It is understood and agreed that either Party may elect to self -insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement The Parties shall provide each other with a current insurance certificate or other evidence of coverage as appropriate.This section shall survive the expiration or early termination of this Agreement. 4.DURATION OF AGREEMENT/TERMINATION:This Agreement shall be valid for an ititial term of two (2) years and shall automatically be renewed every year thereafter.City and County shall conduct a joint review of the Agreement each year within 30 days of the anniversary of the effective date,to determine if changes are required.Either Party may terminate this Agreement for any reason upon sixty (60) calendar days' written notice to the other Party by first class certified mail, postage prepaid, or by overnight delivery addressed to the other Party as set forth in Section 9 of this Agreement 5.BINDING EFFECT/ASSIGNMENT:The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives.Neither Party may assign its rights under this Agreement without the prior written approval of the other Party.Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement 6.ENTIRE AGREEMENT:This instrument contains the entire Agreement between the Parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto.No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the Parties. 7.SEVERABILITY:The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws.However,in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring the Parties to do any act in violation of any applicable laws,including any 4 constitutional provision, law, regulation, or city or county code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required.Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8.GOVERNING LAW. VENUE AND ATTORNEY FEES:The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona.Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for In this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona.The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county.In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including all litigation and appeal expenses,collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 9.INVESTIGATION INVOLVING ELECTED OFFICIALS/EMPLOYEES AND THEIR RELATIVES:The Parties acknowledge the complexities Involving conflicts of interest that arise when their public entity elected officials, employees and relatives thereto are investigated for animal code violations. Consequently, the Parties agree to undertake these sensitive investigations when such requests are timely provided.The Parties reserve the right to decline acceptance of such requests if they determine they cannot adequately handle the matters based on lack of personnel or financial resources. 10.NOTICES:All notices and insurance certificates required under this Agreement shall be sent as follows;. If to City:Administrative & Support Services Commander Apache Junction Police Department 300 East Superstition Blvd. Apache Junction, AZ 85119 5 And courtesy copy to: If to County: And courtesy copy to: City Attorney City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 Pinal County Animal Care and Control Director 1150 South Eleven Mile Corner Casa Grande, AZ 85194 Pinal County Attorney P.O. Box 887 Florence, AZ 85132 10.CONFLICTS OF INTEREST:The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written. Sheri Cluff, Pinal County Clerk of the Board ATTEST: Kathleen Connelly, City Clerk PINAL COUNTY, a political subdivision of the State of Arizona By: Cheryl Chase Pinal County Board of Supervisors Chairwoman THE CITY OF APACHE JUNCTION, ARIZONA,an Arizona municipal corporation By: John S. lnsalaco, Mayor 6 COUNSEL APPROVAL AS TO FORM I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. gndo Voyles, Pinal Cc4nty Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date EXHIBIT A RATES OF REIMBURSEMENT Services Fees After hours emergency response $50.00 Animal disposal - owned $25.00 Daily maintenance fee - dog aggressive/quarantine $20.00 Daily maintenance fee - dog or cat $15.00 Disposal fee -euthanasia $15.00 Euthanasia - owned animals at shelter $50.00 Field tranquilization for aggressive animals $35.00 Impound - initial fee for licensed dog $20.00 Impound - initial fee for unlicensed dog $35.00 Impound - initial fee for feline $20.00 Miscellaneous Animal Control Containment,$/hr. attending to distressed animals in the field, animal bites, and associated transportation Quarantine $225.00 Recovery fee for impounded animal $50.00 Temporary Animal Control Services - Monday through Friday from 7:00 a.m. to 7:00 p.m.$42.00/hr. Temporary Animal Control Services - Monday through Friday from 7:00 p.m. to 7:00 a.m., weekends and holidays 8 $63.00/hr.