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HomeMy WebLinkAboutRes 2020-31RESOLUTION NO. 2020-31 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, APPROVING THE SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY, ARIZONA, RELATING TO BASIC ANIMAL CONTROL SERVICES. RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town") acknowledge the need for animal control services within the Town; and WHEREAS, the Town has entered into an Intergovernmental Agreement (the "Agreement') with Maricopa County, a political subdivision of the State of Arizona (the "County"), for the provision of animal control services within the Town; and WHEREAS, the Town and the County desire to extend the term of the Agreement and provide for compensation for services provided thereunder. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town, through its Mayor and Council, hereby approves the Amendment to the Agreement (the "Second Amendment') in substantially the form attached hereto as Exhibit A. SECTION 3. The Town hereby authorizes the expenditure of funds for basic animal control services, as more specifically detailed in the Agreement and in Exhibit A. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Second Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 2nd day of June, 2020. RESOLUTION NO. 2020-31 PAGE 2 FOR THE TOWN OF FOUNTAIN HILLS: Ginn ickey, Wayor REVIEWED BY: Grady E. Mil r, T n Manager ATTESTED TO: izabeth rke, Town Cler APPROVED AS TO FORM: aron D. Arnson, Town Attorney RESOLUTION NO. 2020-31 PAGE 3 EXHIBIT A TO RESOLUTION NO. 2020-31 [SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY, ARIZONA AND THE TOWN OF FOUNTAIN HILLS] See following pages. SECOND AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR ANIMAL CONTROL SERVICES ("Second Amendment") is entered into by and between the Town of Fountain Hills ("TOWN") and Maricopa County, administered through Animal Care and Control ("COUNTY"). The COUNTY and TOWN 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, 2018 through June 30, 2019, which term was extended by amendment ("First Amendment") for a three (3) year period from July 1, 2019 through June 30, 2022, together the "Agreement". II. The Parties now desire to amend the Agreement upon the terms and conditions contained in this Second Amendment. SECOND 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 TOWN'S ordinance, as follows: The COUNTY is authorized to enter into this Agreement by A.R.S. §§ 11-201, 11-952, 11-1005 and 11-1007. The TOWN 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 TOWN in order to administer basic animal control services. II. 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. III. The Term of the Agreement is reduced, and effective through June 30, 2021. Page 1 of 6 Fountain Hills IV. Appendix A to the Agreement, "Compensation Schedule", is replaced in its entirety with the Appendix A attached hereto and incorporated herein. V. 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. VII. Appendix D to the Agreement, "County Observed Holidays", is replaced in its entirety with the Appendix D attached hereto and incorporated herein. VIII. The foregoing paragraphs contain all changes made by this Second 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 Second Amendment on this day of , 20 . Maricopa County Board of Supervisors M. Chairman of the Board Attest: Clerk of the Board Town of Fountain Hills Mayor Attest: Town 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. I:• Attorney for Board of Supervisors Attorney for Town Page 2 of 6 Fountain Hills APPENDIX A COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES COUNTY Service Level: Basic Animal Control Services 2. Service Cost July 1, 2020 through June 30, 2021 $21,668 Page 3 of 6 Fountain Hills APPENDIX B SERVICES 1. The COUNTY, as the appointed Enforcement Agent, shall be responsible for and enforce the Animal Control Ordinance for the TOWN. Chapter 6-2 Rabies/Animal Control Leash Law 6-2-5A Vicious 6-2-5C Dog at Large 6-2-5D Failure to Wear 6-2-7A Failure to Quarantine 6-2-8A Unlawful Interference 6-2-8B Unlawful Keeping A.R.S. § 1-1008E Failure to License 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 1 Opm 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. Page 4 of 6 Fountain Hills 6. Law enforcement agencies needing assistance in accordance with this IGA can call 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 Sam to lOpm on County observed holidays. 8. The COUNTY shall provide Lost and Found Services from Sam to 5pm 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 Sam to 5pm, 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. Page 5 of 6 Fountain Hills 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 Page 6 of 6 Fountain Hills