NHP_CONTRACT_PATHWAYS_FOR_PAWS.PDF

GENERAL SERVICES CONTRACT
New Hope General Program
This non-financial CONTRACT is made and entered into by and between Maricopa County, administered by
Maricopa County Animal Care and Control Department (MCACC), collectively referred to hereinafter as
“COUNTY” and Pathways for Paws, 2035 E 17th St, Tucson, AZ 85719, referred to hereinafter as
“CONTRACTOR.” County and Contractor may be referred to collectively as “Parties” and individually as
“Party.”
For and in consideration of the mutual promises and covenants herein contained, the Parties agree as
follows:
RECITALS
WHEREAS, pursuant to A.R.S. § 11-201 (A)(3), the County is authorized to enter into contracts as may
be necessary to the exercise of its powers;
WHEREAS, County receives a surplus of homeless animals every year, some of which may be euthanized
after being held by the period prescribed by law;
WHEREAS, County wishes to reduce the number of animals within its facilities by allowing New Hope
Contractors to assume care and take ownership of transferred animals;
WHEREAS, Contractors provide shelter and care for homeless animals as an alternative to adoption or
euthanasia;
WHEREAS, Contractor represents that it has the necessary personnel, facilities, financial resources, and
experience to provide adequate medical and behavioral support for the animals in its care, and to maintain
them until they are deemed suitable for adoption, and
WHEREAS, the County has an ongoing interest in the Contractor and the health and welfare of the
animals
NOW, THEREFORE, the Parties hereto agree as follows:
ARTICLE I - TERM
This Contract shall become effective e upon execution of the last signer and shall expire 3 years later.
ARTICLE II- RENEWAL/AMENDMENT
The Parties may renew or amend this Contract as many times as desired, but each renewal may not exceed
the duration of the previous agreement. The Contract may not be modified, amended, or extended except
by written agreement signed by both Parties.
ARTICLE III- DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
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1. “At Risk” refers to any animal that has been assigned a medical or behavioral deadline. Some “At
Risk” animals may still be eligible for adoption.
2. “New Hope Only” refers to any animal that is not suitable for adoption or transfer to the public or
to a non-New Hope Partner. These animals require medical or behavioral care, which the New
Hope Partner agrees to provide prior to any adoption.
ARTICLE IV – SCOPE
A. DUTIES OF COUNTY
1. County may in its sole discretion, allow Contractor, under the New Hope Program, to take ownership
of animals, including animals deemed not ready for adoption due to medical or behavioral issues; these
animals are referred to as “New Hope Only” (NHO). The County may also allow Contractor to take
ownership of animals that have been held for the period prescribed by law or have been available to
the public for adoption for a period deemed appropriate by MCACC.
a. The County reserves the right to deny the transfer of ownership of an animal for any reason.
2. County does not guarantee the condition of any animal. This disclaimer includes no warranty as to
its age, health, temperament or behavior. County is not responsible for any medical problems,
complications, and/or illnesses with any animal after the transfer.
3. After transferring the ownership of a dog to the Contractor, County will provide a dog license with
one (1) permanent tag, good for one year from the date of vaccination, to each dog three months of
age and older at no cost. County will also provide the completed rabies vaccination certificate at
no cost to the contractor.
a. County shall provide the license transfer to the new owner within the Contractor’s initial
license year at no cost to the Contractor when utilizing the established online system.
4. County may offer medical spay or neuter for select animals prior to the Contractor taking
ownership. The fee is set by the County and may require full cost recovery. The fee may be updated
annually.
5. County may inspect the Contractor’s facility annually or on a more frequent basis as the County
in its sole discretion, deems necessary. County shall provide a minimum of 12 (twelve) hours’
notice prior to any inspection.
a. For Contractors that are foster-based and do not operate a physical facility, Animal Care
and Control (ACC) may request foster caregiver information as part of annual or
discretionary reviews. When requested, foster caregiver lists must be submitted within
twelve (12) hours. As part of the review process, interviews or inspections of foster homes
may also be conducted.
6. The County may request all records related to animals pulled or transferred by the Contractor.
a. This term includes but is not limited to adoption information, licensures, and sterilization
records, insurance records, medical records, and the contact information for any foster
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caregivers.
7. County may remove animals from Contractor upon inspection when Contractor has not adequately
provided proper food and water, medical resources, housing, confinement, and/or when poor
sanitary conditions exist that may jeopardize the health and safety of the animals.
a. If the County removes animals under this term, ownership of some or all former County
dogs in the legal or physical possession of the Contractor automatically reverts to the
County.
8. County may temporarily suspend this Contract without notice and in its sole discretion if the
County determines that:
a. The Contractor is non-compliant with the provisions of this Contract;
b. The health and safety of an animal(s) in the care of the Contractor is in jeopardy.
9. Contractor shall be informed in writing of the reason for the temporary suspension upon issuance
of the suspension and Contractor shall have five (5) business days to respond in writing from the
date of the notice.
10. A temporary suspension imposed by the County shall remain in effect unless and until Contractor
comes into compliance.
11. County shall hold one or more Contractor meetings annually. County shall provide a New Hope
Partner Handbook and timely updates to same.
B. DUTIES OF CONTRACTOR
1. Contractor acknowledges and agrees that, as an approved New Hope Partner it is expected to
operate as a specialized organization with the time, skills, and resources necessary to enhance an
animal’s adoptability.
a. This includes, for New Hope Only dogs, providing medical and behavioral support
beyond what is typically available through the shelter or to/by the general public.
2. Contractor may request to take ownership of an animal. Upon approval, the Contractor must take
physical possession of the animal within twenty-four (24) hours of the request. Failure to do so
may result in the animal no longer being available for transfer.
3. Contractor agrees to accept ownership of dogs transferred from MCACC while also
acknowledging that MCACC retains certain oversight and authority over the New Hope Program
Contractors.
a. Because this is an ongoing contract that may cumulatively cover many dogs, the County
has an ongoing interest in the health and welfare of every dog as well as the Contractor's
compliance with the policies and procedures specifically included in this contract.
For that reason, this term may extend to the Contractor's ownership rights in any former
MCACC dogs in its possession, reverting to the County.
4. Contractor agrees to retain each New Hope Only animal within its own shelter or foster care
network until adopted. Other 501(c)(3) animal welfare organizations and/or the foster homes of
the other animal welfare organizations shall not be considered part of the Contractor’s foster
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care system.
a. While in the shelter or foster care network, all NHO dogs must receive the necessary
medical and/or behavioral care.
5. Contractor shall not assume ownership of a “New Hope Only” animal with the intent to
immediately transfer custody or care to another organization unless that organization maintains
an approved working relationship with MCACC.
a. Contractor may ask for permission in advance to take ownership of an animal with the
intent to transfer ownership to another 501(c)(3) organization if that organization is going
through the MCACC New Hope Partner application process.
6. Contractor understands that animal ownership is officially transferred to the Contractor when the
animal has been time-stamped out in MCACC’s Chameleon system at the time of pick up. At this
point, the Contractor assumes complete risk and financial responsibility for the animal.
7. The Contractor further agrees not to transfer custody of any animal to any individual or
organization that is known, or reasonably should be known, to be unauthorized or unsuitable to
provide proper care for animals.
8. Contractor shall conduct themselves in a professional and courteous manner at all times when dealing
with County, its officers, departments, employees, agents, volunteers, and customers. Contractor shall
not interfere or disrupt the functions of the County or fail to comply with the procedures established
by County.
9. Contractor will ensure that any concerns or issues that arise are promptly reported to the County.
The County, via MCACC, shall be the initial point of contact for any concerns.
a. Any acts of harassment, defamation, or the dissemination of false or misleading
information regarding County employees or volunteers, whether verbally, in written
form, or through any other medium, (including “liking” social media posts) are strictly
prohibited and shall constitute grounds for corrective action, up to and including
termination of the contractual agreement.
10. Contractor shall not disclose any confidential or sensitive information the Contractor learns about
County that is not publicly listed on MCACC website. This includes personal identifying
information about any County employee, and the identity or personal information of a foster,
previous owner, adopter, or potential adopter.
11. Contractor will communicate accurate and complete information regarding animals they have
taken ownership of or are considering taking ownership of:
a. This disclosure explicitly includes any restrictions on placement and bite history.
b. When networking an animal before taking ownership, Contractor must disclose and
uphold the County’s current Requirements and Recommendations to potential adopters
or fosters.
c. Contractor must disclose all the animal's medical and behavioral information to
prospective adopters and fosters.
12. Contractor, including representatives, agents, and employees, shall carry a state-issued
identification card with their picture and shall present their identification card at the time they
take ownership of animals and upon demand by the County.
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13. Contractor shall conduct business with County during the designated hours listed in the New Hope
Handbook.
14. Contractor will not permit anyone to transport an animal unless the person is authorized and pre-
approved by MCACC under the terms of the current Handbook.
a. Contractors may designate a limited number of Authorized Representatives and
Transporters to act on behalf of their organization in accordance with program
guidelines. Detailed requirements and procedures are outlined in the New Hope
Handbook and must be followed accordingly.
15. Contractor acknowledges that upon taking ownership of any animal from the County, it assumes
full and sole responsibility for the cost and maintenance, including but not limited to the following:
a. Additional necessary vaccinations.
b. Sexual sterilization at the veterinary clinic of the Contractor’s choice shall be at the
expense of the Contractor. Sexual sterilization of each animal shall be performed within
30 days upon gaining control of the animal and prior to its ownership being transferred.
In the case of pregnant or medically compromised animals that prevent the immediate
sterilization for medical reasons, sexual sterilization shall be performed as soon as
medically possible, and a copy of the sterilization certificate shall be submitted to the
County.
c. If the Contractor takes ownership of an animal from MCACC without a microchip, the
Contractor is responsible for ensuring the animal is microchipped within 30 days of taking
ownership. The microchip information must be submitted to the County.
d. Appropriate veterinary care for any illness or injury;
e. Euthanasia performed by or under the supervision of a licensed veterinarian when
necessary to prevent suffering; and
f. Behavioral modification training as necessary.
16. Contractor shall ensure that any dog adopted out through their organization is licensed in the
appropriate jurisdiction within fifteen (15) days of adoption. Proof of licensing must be provided
upon request.
17. Contractors located outside of Maricopa County must license dogs within their jurisdiction within
fifteen (15) days of taking ownership from MCACC. Proof of licensing must be provided upon
request.
18. Contractor shall not adopt out any animal that has not been sterilized.
19. Contractor shall keep and maintain complete books and records concerning its performance of this
Contract at the address listed on this Contract. These records shall include:
a. The location of each animal and the address of the person(s) responsible for their housing and
care. This term applies to both fosters and adopters.
b. Records and books shall be made available for inspection and audit by the County for a period
of not less than two (2) years from the date the service is rendered.
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20. Contractor shall report all bites to County and quarantine any animal in accordance with Arizona
Revised Statutes § 11-1014 (E).
21. Contractor shall make any and all premises where animals are maintained available for routine
inspection by the County upon twelve (12) hours prior notice. In the case of an emergency, notice
may not be given.
22. Contractor shall be responsible for thoroughly vetting all foster caregivers to ensure compliance with
all applicable state and federal animal welfare laws. This includes but is not limited to adherence to
legal standards regarding animal care, housing conditions, and the number of animals permitted per
foster home.
a. Contractor shall be held accountable for any violations or non-compliance by their fosters,
and failure to ensure the foster’s compliance may result in termination of this Contract.
23. Contractor will submit notification to the County of any changes to their Board of Directors,
insurance policy, or revocation or lapse of 501(c)(3) status within 72 hours.
24. Contractor acknowledges that the County reserves the right to conduct background checks on the
Contractor’s Board Members and Authorized Representatives. This investigation may include
consulting with other animal welfare organizations and governmental entities. In the event that
any individual is deemed unsuitable, the Contractor will be notified.
25. The Contractor's New Hope Program (NHP) status and eligibility are contingent upon full
compliance with all applicable MCACC policies, procedures, and legal requirements.
a. This includes, but is not limited to, adherence to licensing regulations, mandatory sexual
sterilization requirements, maintenance of appropriate insurance coverage, and
completion of all required adoption documentation.
26. The Contractor shall be responsible for ensuring that its organization's Board Members are
informed of its partnership with the County and MCACC, as well as the requirements,
responsibilities, and expectations set forth in this Contract.
ARTICLE V – NO COST CONTRACT
Neither Party shall be responsible for any costs incurred by the other Party in the performance of its
duties and obligations under this Contract.
ARTICLE VI - INDEPENDENT CONTRACTOR
The status of Contractor shall be that of an independent contractor and Contractor, including employees and
agents, shall not be considered an employee(s) of Maricopa County and shall not be entitled to receive any
benefits associated with regular employment, and will not be subject to the provisions of the Maricopa County
Employee Merit System.
ARTICLE VII - COMPLIANCE WITH ALL LAWS
Contractor shall comply with all federal, state and local laws, rules, regulations, and professional standards,
without limitation to those designated within this Contract. The laws and regulations of Arizona shall
govern the rights of the parties, the performance of this Contract and any disputes hereunder. Any action
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relating to this Contract shall be brought in the appropriate Arizona court. Any changes in the rules and
regulations during the terms of this Contract shall apply, but do not require an amendment.
ARTICLE VIII – E-VERIFICATION OF EMPLOYEES
Contractor warrants that they are in compliance with A.R.S. § 41-4401 and further acknowledges:
(1) That they and their subcontractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with
A.R.S. § 23-214, subsection A and shall keep a record of the verification for the duration of
the employee's employment or at least three years, whichever is longer;
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of
the contract that is subject to penalties up to and including termination of the contract;
(3) That the contracting government entity retains the legal right to inspect the papers of any
contractor or subcontractor employee who works on the contract to ensure that the
contractor or subcontractor is complying with the warranty provided under subsection 1
above and that the contractor agrees to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an
inspection.
(4) That nothing herein shall make any contractor or subcontractor an agent or employee
of the contracting government entity.
ARTICLE IX - INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless Maricopa County, its officers, departments,
employees and agents from and against any and all claims, actions, liabilities, damages, losses or expenses
(including court costs, attorneys’ fees and costs for claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage
to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of the Contractor or any of its directors, officers, agents or employees or
subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’
Compensation Law or arising out of the failure of such contractor to conform to federal, state or local law,
statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such Contractor from and against any and all claims. It is
agreed that such Contractor will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable.
ARTICLE X – AGENCY
Nothing in this Agreement will be construed to create any partnership, joint venture, or employment
relationship between the Parties, or create any employer-employee relationship between a Party and the
employees of the other Party.
ARTICLE XI - INSURANCE
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General Liability. Commercial General Liability (CGL) insurance and, if necessary, Commercial
Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, and $2,000,000 General
Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket contractual coverage,
and shall not contain any provisions which would serve to limit third party action over claims.
Automobile Liability. The Contractor must maintain Automobile Liability insurance with limits for
bodily injury and property damage that meet or exceed the minimum requirements mandated by Arizona
state law for each occurrence related to any vehicles owned by the Contractor and used in the execution of
their work.
Furthermore, the Contractor is responsible for ensuring that all Authorized Representatives and
Transporters acting on the Contractor’s behalf when transporting animals or goods maintain Automobile
Liability insurance with the same minimum limits for each occurrence as required by Arizona state law. In
the event that any Authorized Representatives or Transporters of the Contractor are involved in an accident
without the necessary insurance coverage, the Contractor agrees to indemnify the County for damages up
to the minimum limits for each occurrence as required by Arizona state law.
Workers’ Compensation. The Contractor must provide Workers’ Compensation insurance to cover its
employees as imposed by the applicable federal and state statutes the liability insurance must be of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
ARTICLE XII - NON-ASSIGNMENT
This Contractor may not assign this Contract without prior written consent of the County. Any assignment
or attempted assignment of this Contract without the prior written consent of County shall be void. If the
County agrees in writing to an assignment this Contract, the Contract shall be binding on any and all
successors and assigns of Contractor.
ARTICLE XIII - THIRD-PARTY CLAIMS
Nothing in this Contract is intended to create duties or obligations to or rights in third-parties not parties to
this Agreement.
ARTICLE XIV - NON-WAIVER
The failure of either Party to insist in any one or more instances upon the full and complete performance
of any of the terms and conditions of this Contract to be performed on the part of the other, or to take any
action permitted as a result thereof, shall not be construed as 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.
ARTICLE XV - TERMINATION
Either Party may terminate this Contract at any time by giving written notice to the other Party and by
specifying the effective date. Upon termination of this Contract all property of County in the possession
of Contractor, including records and forms shall remain the property of County and shall be returned
immediately to County. County may terminate this Contract immediately when the life, health or safety
of any animal is in jeopardy because of the actions or inactions of Contractor.
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ARTICLE XVI - TERMINATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.RS. § 38-511 the County may cancel this Contract without penalty or
further obligation within one to three years after execution of the contract, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is
at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any
other Party to the Contract in any capacity or consultant to any other Party of the Contract with respect
to the subject matter of the Contract. Additionally, pursuant to A.RS § 38-511 the County may recoup
any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing,
drafting, or creating the Contract on behalf of the County from any other Party to the Contract arising as
the result of the Contract.
ARTICLE XVII – NOTICE
All notices provided for herein shall be in writing and sent by USPS mail, and/or email, and/or facsimile to
the Parties at the following addresses:
PATHWAYS FOR PAWS
Stefanie Seitz, President/Director
Pathways for Paws
2035 S 17th Street
Tucson, AZ 85719
COUNTY
Debbie McKnight, Director
Maricopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
XVIII – ISRAEL BOYCOTT
If Contractor engages in for-profit activity and has ten (10) or more employees, and if this Agreement has
a value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the duration
of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
XIX- ENTIRE AGREEMENT
This Contract represents the entire agreement between the Parties. It supersedes and replaces all previous
representations, understandings, and agreements, written or oral, relating to its subject matter. No other
understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or
to bind any Party.
XX - SEVERABILITY
Any provision of this Contract that is determined to be invalid, void, or illegal by a court shall in no way
affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain in full
force and effect.
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[SIGNATURE PAGE FOLLOWS]
CONTRACTOR: MARICOPA COUNTY
By: _________________________________ By: _______________________________
President/Director Chair, Board of Supervisors
Printed Name: Stefanie ________________________ Seitz Printed Name: ______________________ Kate Brophy McGee
Date: ______________________________ 9/29/2026 Date: _____________________________
APPROVED AS TO FORM: ATTEST:
By: _________________________________ By: _______________________________
Deputy County Attorney Clerk of the Board
Printed Name: ________________________ Kim Miles Printed Name: ______________________ Juanita Garza
Date: _______________________________ 9/29/2026 Date: _____________________________
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