Animal Welfare Services

Seizure and impoundment of animals in cruelty and neglect cases. The City, through its Police Department and City Prosecutor, investigates and prosecutes criminal violations of the City's animal cruelty and neglect ordinances, located in Chapter 8 of the Phoenix City Code, and the State of Arizona's animal cruelty and neglect statutes, located in Arizona Revised Statutes Title 13, Chapter 29. In the course of those investigations and prosecutions, the City, through its Police Department, may seize and impound the animals that are the subject of the investigation. Because of the nature of alleged cruelty and neglect offenses, the seized and impounded animals often require immediate and continuing veterinary care and other basic services, such as the provision of food, water and clean kennel space. At the direction of the City, The Contractor shall hold the animals in protective custody that are needed as evidence in a criminal proceeding, or as part of a civil action instituted to justify the seizure or forfeiture of the animals, as follows: The City shall only direct the Contractor to take custody of such animals when the City has lawful authority to seize and impound the animals pursuant to the Arizona Revised Statutes or the Phoenix City Code. The Contractor understands that lawful authority exists when the City either has a search warrant or has a good faith belief that an exception to the search warrant requirement exists, including, but not limited to, consent from an owner or agent with authority to consent to a search or seizure, or exigent circumstances exist to seize animals when it is necessary for their immediate health or safety. The Contractor shall be entitled to rely on the determination by the City that the City has lawful authority to seize and impound the animals and take the animals into protective custody. The City shall make the determination to seize and impound an animal. The Contractor may make appropriate recommendations to City personnel before they seize and impound an animal, but it shall not otherwise direct City personnel to take any particular action in a case involving suspected animal cruelty or neglect. Once the City directs the Contractor to take protective custody of an animal, the Contractor, in its sole and exclusive discretion, shall utilize any procedures or techniques it believes may be appropriate under the circumstances to take animals into custody. The Contractor shall provide protective custody for seized and impounded animals. For the purposes of this Agreement, animals are not considered to be in protective custody under the following circumstances: (1) after the transfer of ownership of an animal to the Contractor following a criminal trial or civil hearing and the applicable appeal period for such trial or hearing has expired without an appeal having been filed; or (2) when an animal owner, or the animal owner's agent, surrenders ownership of the animal to the Contractor. The Contractor shall provide staff response services, investigative support services, and/or transportation services to the City when called to assist at the scene of an animal cruelty or neglect investigation. Services shall be available to the City seven days a week (Monday through Sunday) from 8:00 A.M. to 6:00 P.M. depending on call volume and staffing. The Contractor shall provide any and all veterinary care, prescription drugs, necropsy services, or other care to animals seized and impounded that are necessary to determine the extent of injury, neglect, maltreatment or death that the Contractor, in its sole and exclusive discretion, believes may be appropriate. In certain cases, appropriate veterinary care may include euthanizing animals in accordance with Phoenix City Code 8-17. If the Contractor determines that shelter space within the Contractor's facilities is unavailable, the City authorizes the Contractor to place animals in temporary foster care homes, as the Contractor, in its sole and exclusive discretion, may deem appropriate while animal cruelty investigations and prosecutions are pending. The City shall permanently transfer all ownership interest in an animal to the Contractor when an animal seized and held in protective custody by the Contractor is forfeited by a court of law to the City pursuant to either the Arizona Revised Statutes or the Phoenix City Code. The Contractor acknowledges and agrees that the transfer of the City's ownership interest in an animal to the Contractor may be subject to the approval of the City Council. The City and the Contractor agree that a court may also order an animal forfeited to any person or agency contracted with the City to care for an animal that is seized and impounded pursuant to the Phoenix City Code, or humanely destroyed in accordance with Phoenix City Code 8-17. If a court orders animals forfeited to the Contractor, transfer of ownership in an animal to the Contractor shall not be subject to approval of the City Council. The Contractor shall, upon the permanent transfer of ownership of an animal to the Contractor, place the animal for adoption, rescue, alternative placement, or euthanize the animal in accordance with Phoenix City Code 8-17. The City, through its City Prosecutor's Office, shall promptly notify the Contractor if a person charged for an animal cruelty or neglect offense under the Arizona Revised Statutes or Phoenix City Code, and from whom animals have been seized and held in protective custody by the Contractor, is acquitted or the charges are dismissed without a conviction. The Contractor shall release the animals to the person as promptly as is reasonably possible following such notification unless the animals have been forfeited to either the City or the Contractor pursuant to a civil hearing prior to acquittal or dismissal of criminal charges. The Contractor shall cooperate and participate in the investigation and prosecution of all animal cruelty and neglect cases investigated by the Phoenix Police Department and prosecuted by the City Prosecutor's Office in Municipal Court. The Contractor shall also attend all civil animal seizure and disposition hearings under the provisions of Chapter 8 of the Phoenix City Code, and conducted in Municipal Court, in all cases where the Contractor advised or participated in the investigation, seizure or impoundment of the animals involved. Contractor shall must have Code 3 certified Animal Cruelty Investigators. Investigators must be willing to attend and participate in Court hearings. The City Prosecutor's Office shall pursue cost-of-care recovery in criminally charged animal cruelty and neglect cases pursuant to the Phoenix City Code where animals have been seized and impounded and placed in the protective custody of the Contractor. The Contractor shall, at no additional cost or liability to the Contractor, cooperate with the City Prosecutor's Office to provide all reasonably necessary invoices, reports, or other documentation substantiating the cost-of-care provided to animals placed in the protective custody of the Contractor, after receipt of written request from the City Prosecutor's Office specifically identifying the requested documentation and the animal for which the documentation is requested. The Contractor may also pursue cost-of-care recovery through the City Prosecutor's Office in criminally charged animal cruelty and neglect cases pursuant to the Phoenix City Code. City acknowledges that the amounts paid to the Contractor under this Agreement only represent a fraction of the costs incurred by the Contractor to shelter and care for animals as required under this Agreement. The Contractor's recovery from an animal owner, the owner's estate, or the owner's agent acting on behalf of the owner shall not exceed the Contractor's actual cost-of-care. The Contractor shall provide periodic education and training services to the City to assist its Police Department and City Prosecutor in the investigation and prosecution of animal cruelty and neglect cases. The Parties shall agree on the dates of all education and training classes provided. The Contractor must respond to scene at the request of the City and provide transportation services of animals, as needed, to protective shelter. Seizure and impoundment of animals for their benefit and welfare. The City, through its Police Department, responds to emergency calls involving injured or deceased persons and also investigates criminal violations of the Phoenix City Code and Arizona Revised Statutes that are wholly unrelated to animal cruelty or neglect. It also responds to calls where animals are left in serious physical distress due to seasonal environmental conditions, natural disasters, sickness or injury, and there is no owner available to care for the animals. In the course of those investigations and emergency response calls, the City, through its Police Department, may seize and impound animals for safekeeping when the owner or primary caregiver has been arrested or is seriously injured or deceased, and there is no other responsible party to care for the animals. The seized and impounded animals may require immediate and continuing veterinary care and other basic services, such as the provision of food, water and clean kennel space. At the direction of the City, the Contractor shall take protective custody for the safekeeping of animals in designated animal welfare cases, as follows: The Contractor shall respond to the scene of any Phoenix Police Department initiated call to rescue, treat and kennel a sick or injured stray animal at-large within the City limits. The Contractor shall respond to the scene of any Phoenix Police Department initiated abandonment call where an animal is left tied to an object in a public place. The Contractor shall respond to the scene of any Phoenix Police Department initiated abandonment call where an animal's owner has recently been hospitalized or has died, and there is no next of kin, agent or other responsible party to provide care for the animals. The Contractor shall respond to the scene of any Phoenix Police Department initiated abandonment call where an animal's owner has recently been arrested, and there is no next of kin, agent, or other responsible party to provide care for the animals. The City shall make the determination to impound an animal for safekeeping. The Contractor may make appropriate recommendations to City personnel before they seize and impound an animal for safekeeping, but it shall not otherwise direct City personnel to take any particular action. Once the City directs the Contractor to take protective custody for the safekeeping of an animal, the Contractor, in its sole and exclusive discretion, shall utilize any procedures or techniques it believes may be appropriate under the circumstances. The Contractor shall provide staff response services, investigative support services, and/or transportation services to the City when called to assist at the scene of an animal that must be impounded for its benefit and welfare. Services shall be available to the City seven days a week (Monday through Sunday) from 8:00 A.M. to 6:00 P.M. depending on call volume and staffing. If no person, including the owner, the owner's estate, or the owner's agent acting on behalf of the owner, claims an animal before the statutory claim period has expired, the City shall transfer ownership to the Contractor after complying with Chapter 2, Article 18, of the Phoenix City Code. The Contractor shall, upon the permanent transfer of ownership in animals to the Contractor, place an animal for adoption or euthanize an animal in accordance with Phoenix City Code 8-17. The Contractor may demand compensation from an animal owner, the owner's estate, or the owner's agent acting on behalf of the owner to reimburse the Contractor for any transport, medical, kennel, or staff charges incurred. City acknowledges that the amounts paid to the Contractor under this Agreement only represent a fraction of the costs incurred by the Contractor to shelter and care for animals as required under this Agreement. The Contractor's recovery from an animal owner, the owner's estate, or the owner's agent acting on behalf of the owner shall not exceed the Contractor's actual cost-of-care. The Contractor must respond to scene at the request of the City and provide transportation services of animals, as needed, to protective shelter. Clarification of Services Not Offered by the Contractor . The Contractor shall not provide services related to any calls from the Phoenix Police Department for collection of uninjured stray animals at-large within the City limits, vicious or nuisance animals, bite investigations, or dangerous or threatening animal calls. Notwithstanding anything in this Exhibit or the Agreement to the contrary, The Contractor shall not be obligated to house or transport any animal it deems it does not have the space to house, or to provide for any animal housed by the Contractor beyond forty-five (45) days, at which time the Contractor may invoice the City, and City shall promptly pay to the Contractor, the amount of $50 per day, per animal.