2020.09.16 IGA WITH CITY OF TEMPE.PDF

THIRD AMENDMENT TO AGREEMENT
FOR ANIMAL CONTROL SERVICES
C2017-177B

THIS THIRD AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES
(“Third Amendment”) is entered into by and between the City of Tempe (“CITY”) and Maricopa
County, administered through Animal Care and Control (“COUNTY”). The COUNTY and CITY
are collectively referred to as “Parties” and each individually as “Party.”

RECITALS:
I. The Parties entered into an Agreement for animal control services effective July 1, 2017

through June 30, 2018, which term was extended by amendment (“First Amendment”) for
a one (1) year period from June 30, 2019, and again by amendment (“Second Amendment”)
through June 30, 2020, together the “Agreement”.

Il. The Parties now desire to amend the Agreement upon the terms and conditions contained
in this Third Amendment.
THIRD AMENDMENT:

NOW, THEREFORE, for and in consideration of the foregoing and other valuable considerations,
the Parties hereby amend the Agreement as follows:

I. Modify the Recitals section to include recitals of the COUNTY’S authority to enforce the
CITY’S ordinance, as follows:

The COUNTY is authorized to enter into this Agreement by
ARS. §§ 11-201, 11-952, 11-1005 and 11-1007.

The CITY is in need of the animal control services and
desires to enter into this Agreement with the COUNTY to
appoint the COUNTY as the Enforcement Agent for the CITY
in order to administer basic animal control services.

IL. Include a definition for “Enforcement Agent” under the General Provisions, Section 1
Definitions, as follows:

Enforcement Agent: As defined at A.R.S. §11-1001(4), the
person in each county who is responsible for the
enforcement of the animal control statutes and any rules
adopted pursuant to those statutes.

Il. The Term of the Agreement is extended for a one (1) year period, effective July 1, 2020
through June 30, 2021.

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Tempe

IV. Appendix A to the Agreement, “Compensation Schedule”, is replaced in its entirety with
the Appendix A attached hereto and incorporated herein.

Vv. Appendix B to the Agreement, “Services”, is replaced in its entirety with the Appendix B
attached hereto and incorporated herein.

VI. Appendix C to the Agreement, “Hours of Operation”, is stricken from the Agreement.

VI. Appendix D to the Agreement, “County Observed Holidays”, is replaced in its entirety
with the Appendix D attached hereto and incorporated herein.

VII. The foregoing paragraphs contain all changes made by this Third Amendment. All other

terms and conditions of the original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Third Amendment on this 13th day of
August » 2020

Maricopa County City of Tempe

Board of Supervisors

By: BY:
Chairman of the Board Corey D. Woods, Mayor

Attest: attest, ALLL U. Lduwli ft of

Clerk of the Board Carla R. Reece, City Clerk

In accordance with A.R.S. §§ 11-201, 11-251, and 11-952, undersigned counsel has reviewed the
foregoing amendments to the Agreement and have determined that said amendments are in proper
form and within the powers and authority granted to the public body represented by their respective
attorneys.

BY: BY: __ {ae
Attorney for Board of Supervisors Judith R. Baumann, City Attorney
C2017-177B
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Tempe

APPENDIX A

COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES

1. COUNTY Service Level: Basic Animal Control Services
2. Service Cost

July 1, 2020 through June 30, 2021 $201,194

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Tempe

APPENDIX B

SERVICES
1. The COUNTY, as the appointed Enforcement Agent, shall be responsible for and enforce
the Animal Control Ordinance for the CITY.
Chapter 6 ANIMALS
6-25 Unlawful Interference

6-26(a) Failure to Quarantine

6-27 Unlawful Keeping

6-28(d) Failure to License

6-30(b) ‘Failure to Wear

6-30(c) Dog at Large Public Property
6-30(d) Dog at Large

6-48 Unlawful Removal

2. Minimum Staffing: Staffing will be sufficient to respond to approximately ninety
percent (90%) of service requests within the time frame prescribed below

3. Response Times: Normal Hours of Operation is defined as the operating hours from
8am to 5pm seven (7) days per week, except COUNTY observed holidays. COUNTY staff will
arrive at the scene of a reported service request within the time prescribed below based on the
service classification:

Priority 1 1 hour
Priority 2 2 hours
Priority 3 48 hours
Priority 4 72 hours

4. Response Time during Limited Operations Hours: Limited Operations Hours will be
from 5pm to 10pm seven (7) days per week, except COUNTY observed holidays, and only Priority
1 and 2 calls for service will be acted upon and only when the requesting police agency agrees to
remain on scene for the duration of the time needed to handle the call for service. The COUNTY
will not respond to priority 3 or 4 calls for service after 3pm until the commencement of the next
Normal Hours of Operation. The response time for Limited Operations Hours will be two (2) hours
maximum. The response time could be longer should a higher priority call for service be received.
The choice to respond to higher priority calls is at the discretion of the COUNTY.

5. The COUNTY shall not respond to scenes involving owned animals being seized or
impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime
scene investigations, fire scenes, or any situation where the law enforcement officer has seized an
owned animal. The COUNTY will not respond to citizen response requests for abuse, neglect, or
cruelty of animals.

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Tempe

6. Law enforcement agencies needing assistance in accordance with this IGA can cal] the
Field Dispatch non-public phone line (602-506-1309) to request general assistance during Normal
Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is based on the
information provided to staff at the time of the request. The COUNTY reserves the right to respond
to non-emergency requests at the beginning of the next Normal Hours of Operation.

7. The COUNTY will be closed for business on all COUNTY observed holidays. The
COUNTY reserves the right to provide Limited Operations Hours response times from 8am to
10pm on County observed holidays.

8. The COUNTY shall provide Lost and Found Services from 8am to Spm seven (7) days per
week to allow for citizens to report found and lost dogs. This service will not be provided for the
holiday coverage prescribed in Paragraph 7.

9. The COUNTY shall provide Call Center services 8am to Spm, seven (7) days per week
and 24-hour online services for citizens to report animal control issues, conduct licensing
transactions, and ask general animal control questions. Call Center services will not be provided
for the holidays prescribed in Paragraph 7.

10. The COUNTY at its discretion may deny the pickup of dogs from third parties who are
part of rescue groups who work to trap, confine, and/or pick-up found dogs from other parties who
are not reporting the found animal directly to the COUNTY, or from parties who take in stray dogs
from private citizens for the sole purpose of holding the animal for short periods of time until
contacting the COUNTY. The COUNTY, at its discretion, may deny pickup of dogs from
individuals who habitually confine stray dogs and are not contracted by a local jurisdiction to
provide animal control services for cities or towns within Maricopa County.

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Tempe

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Tempe

APPENDIX D

COUNTY OBSERVED HOLIDAYS

New Year’s Day
Martin Luther King
Presidents Day
Memorial Day
Veterans Day
Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day