MCC_MARICOPACOUNTYANIMALCARECONTROL_090122_MOU_MCCCDSIGNED.PDF

AGREEMENT BETWEEN MARICOPA COUNTY ANIMAL CARE AND 
CONTROL DEPARTMENT AND MARICOPA COUNTY COMMUNITY 
COLLEGE DISTRICT FOR MESA COMMUNITY COLLEGE 
This CONTRACT is made between Maricopa County, a political subdivision of the State of 
Arizona on behalf of the Maricopa County Animal Care and Control Department (collectively, 
“the COUNTY”) and the Maricopa County Community College District for Mesa Community 
College, located at 2411 West 14th Street, Tempe, AZ, 85281 (“MCC”). The Parties enter 
this CONTRACT under Arizona Revised Statutes (“A.R.S.”) 11-952 which authorizes public 
agencies to enter into Intergovernmental Agreements. 
The Parties agree as follows: 
The COUNTY receives a surplus of homeless animals every year and some of those animals of 
may be euthanized after the COUNTY holds them for held by the period prescribed by law. [A.R.S. 
§ 11-1013(C), (E).] After the requisite holding period, the COUNTY may make the animals 
available for adoption by the public. [A.R.S. § 11-1013(E).]
MCC requires subject animals to perform certain medically necessary procedures to allow for the 
use of the students in the Veterinary Technology Program. The use of subject animals allows the 
students to acquire experience and assist with certain medically necessary procedures, such 
procedures being taught in the Veterinary Technology Program. 
MCC possesses the necessary experience, training, facilities, and veterinary practice licenses to 
perform such procedures. 
MCC has the personnel, facilities, and experience to maintain these animals while in MCC’s 
possession. 
SCOPE 
A. 
GENERAL VETERINARY SERVICES
1.
Service Agreement. The COUNTY may, upon request and in its sole discretion, provide
the MCC, upon request animals that have already been held for a period of time prescribed by law
and which are in need of specific veterinary medical procedures before being placed for adoption.
MCC will maintain and perform only medically necessary procedures on the animals.
2.
Nature of Services to be Provided. The COUNTY may provide a limited number of
animals to be housed in the MCC’s facility temporarily, on an as-needed basis, for specific
veterinary services which coincide with educational modules taught by the MCC. These services
include, such as but not limited to dental procedures, spay and neuter, vaccinations, and grooming
as regulated by the American Veterinary Medical Association.

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B.
DUTIES OF THE COUNTY
1.
The COUNTY reserves the right to deny the release of any specific animal to specified by 
MCC for any reason.
2.
The COUNTY shall not be required to provide transport service of specified animals to or 
from MCC’s facility. Animals will not be released directly by the COUNTY from retail outlets or 
off-site events.
3.
The COUNTY shall inspect MCC’s facilities as deemed necessary.
4.
The COUNTY shall remove animals from MCC after and upon inspection if MCC fails 
to provide the animals proper food, medical services, housing, confinement, or when poor 
sanitary conditions exist that may jeopardize the health and safety of the animals.
5.
The COUNTY may temporarily suspend this CONTRACT as a result of an inspection or 
any other non-compliance until MCC comes into compliance. MCC shall be informed in writing 
of the reason for the temporary suspension and shall be given five (5) business days from the date 
of the notice to respond in writing.
6.
The COUNTY shall retain the right to suspend this CONTRACT when the animal’s health 
and safety are deemed in jeopardy by the COUNTY or when the MCC fails to stay in compliance 
with the provisions of this CONTRACT.
C.
DUTIES OF MCC
1.
MCC shall request a specific number of animals to be temporarily housed in the
MCC’s facility temporarily, on an as-needed basis, for educational modules, including but not 
limited to dental procedures, spay and neuter, vaccinations, and grooming as regulated by the 
American Veterinary Medical Association. 
2. 
MCC shall transport animals specified by the COUNTY directly from the shelter 
designated by the COUNTY. MCC shall transport the specified animals to the MCC facility within 
twenty-four (24) hours of the request for specific medical care. 
3. 
MCC shall request animals through the COUNTY Alternative Placement 
Department. MCC will take possession of the animals at the specified shelter unless the COUNTY 
determines that it will transport the animal due to an imminent medical need to be released 
from the COUNTY and take possession of the animals.  
4. 
All animals shall be treated humanely in accordance with veterinary standards of 
practice set forth by the American Veterinary Medical Association. 
5. 
MCC shall make any and all premises where animals are sheltered and any animals 
under its care available for inspection by the COUNTY during business hours without prior notice.

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6. 
MCC shall comply with the provisions of the Arizona Veterinary Medical 
Examining Board statutes [A.R.S. § 32-2201 et seq.,] and the Arizona Administrative Rules for 
Veterinary Medicine [A.A.C. R3-11-101 et seq.], as well as the animal cruelty statute [A.R.S. §13-
2910].   
7. 
No animal will be subjected by MCC its employees or students, to any procedure 
that is not medically necessary or will cause the animal to suffer unnecessarily. All procedures 
and treatment of the animals will be performed under the direct supervision of a licensed 
veterinarian. 
8. 
If MCC or any of MCC’s employees or students if desiring wish to adopt a specific 
animal in MCC’s temporary care, that person shall pay the prevailing adoption fee and is subject 
to all policies and procedures of the COUNTY adoption program.  
9. 
MCC shall return the animals not adopted through MCC to the COUNTY as soon 
as medically possible or upon a request from the COUNTY to be placed for adoption. 
10. 
MCC shall conduct business with the COUNTY during normal business hours 
unless the COUNTY waives those set hours. 
11. 
MCC shall assume full and sole responsibility for the cost and maintenance of the 
animals received from the COUNTY shelters, while specified animals are in MCC’s possession. 
12. 
MCC shall report all bites to the COUNTY and quarantine that animal in 
accordance with A.R.S. § 11-1014 (E)-(F). 
13. 
MCC shall keep and maintain complete books, medical records, and any other 
documentation related to MCC’s performance of this CONTRACT, including the location of each 
animal and the address of the persons responsible for their care, which shall be made available for 
inspection and audit by the COUNTY for a period of not less than three (3) years from the date 
the service is rendered. 
13. 
MCC, MCC’s employees, and MCC’s students shall always conduct themselves in 
a professional and courteous manner. MCC and its employees and students shall refrain from 
releasing, sharing, publicizing, or relating information that casts the COUNTY in a negative or 
false light. Any such misconduct may be grounds for the suspension or termination of this 
CONTRACT.  
GENERAL TERMS 
1. 
TERM: This CONTRACT shall commence on September 1, 2022 and expire on 
September 1, 2025, unless terminated earlier as provided herein or further extended in 
accordance herewith. This CONTRACT is effective on the date signed by both Parties. The 
CONTRACT may be renewed for two (2) additional one (1) year terms upon the written agreement 
of the parties. MCC shall give the COUNTY written notice of its intent to renew at least 
forty-five (45) days prior to the Expiration Date.

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2. 
ENTIRE CONTRACT: This document contains the entire CONTRACT between 
the Parties, and it may not be modified, amended, altered, or extended except through a written 
amendment signed by the parties. 
3. 
AMENDMENTS: This CONTRACT may be amended only by the mutual written 
consent of authorized representatives for all Parties and requires Board approval. 
4. 
WAIVER: The failure of either Party to insist in one or more instances upon the 
full and complete performance by the other Party shall not be construed as a waiver or 
relinquishment of the right to insist upon full and complete performance of the same, either in the 
past or in the future.  
5. 
SEVERABILITY: If any term or condition of this CONTRACT is held by a court 
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions 
shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 
6. 
NO COST AGREEMENT: Neither Party shall be responsible for any costs 
incurred by the other Party in the performance of its duties and obligations under this CONTRACT. 
7. 
INDEPENDENT CONTRACTORS: MCC, its employees, agents, and students 
are independent contractors. These persons shall not be considered employee(s) of Maricopa 
County and shall not be entitled to receive any benefits associated with regular employment by 
Maricopa County, including any benefit from the Maricopa County Employee Merit System. 
8. 
INDEMNITY: Each Party agrees to indemnify, defend and hold harmless the other 
Party from and against any and all claims, losses, liability, costs, or expenses (including reasonable 
attorney’s fees) (collectively, “claims”) arising out of the negligent performance of this 
CONTRACT, but only to the extent that such claims which result in vicarious/derivative liability 
to the indemnitee due to are caused by the act, omission, negligence, misconduct, or other fault of 
the indemnitor, agents, employees, or volunteers.  
9. 
TERMINATION: Either Party may terminate this CONTRACT at any given time 
by giving 30 days written notice to the other Party and by specifying the effective date. Upon 
termination of this CONTRACT all property of the COUNTY in the possession of the MCC, 
including all animals, medical records, and other documentation shall remain the property of the 
COUNTY and shall be returned immediately to the COUNTY. The 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 MCC. 
10. 
CONFLICT OF INTEREST: Pursuant to A.R.S. § 38-511, the COUNTY may 
cancel this CONTRACT without penalty or further obligation within three years after execution, 
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 original CONTRACT or any 
extension 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 Agreement with respect to the subject matter of the

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Agreement. Additionally, pursuant to A.R.S. § 38-511, the COUNTY may recoup any fee 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. 
11.
E-VERIFY: MCC warrants that it is in compliance with A.R.S. § 23-214(A) and
further acknowledges: 
a.
That MCC 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(A) and that MCC shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer.
b. Any breach of the e-verify warranty above, shall be deemed a material breach of the t
CONTRACT. Any breach may subject MCC to penalties up to and including the
termination of the CONTRACT.
c.
The COUNTY retains the right to inspect MCC’s employment records or the records
of any subcontractor who works on the CONTRACT to ensure compliance with the e-
verify warranty. MCC and that the subcontractor agree to make all pertinent
employment papers available during normal working hours.
12.
APPLICABLE LAWS: Each Party shall comply with all applicable laws,
ordinances, Executive Orders, rules, regulations, standards, and codes of the Federal, State, and 
Local government's whether or not specifically referenced herein. The Parties agree that there will 
be no discrimination as to race, sex, religion, color, age, creed, or national origin in regard to 
obligations, work, and services performed under the terms of any contract ensuing from this 
engagement. The Parties will comply with the Executive Order No. 11246, entitled "Equal 
Employment Opportunity” and as amended by Executive Order No. 11375, as supplemented by 
the Department of Labor Regulations (41 CFR, Part 60). 
13.
RECORDKEEPING: MCC shall keep and maintain all documents related to
MCC’s performance of this CONTRACT, including medical records for each animal. The 
documentation shall be made available for inspection and audit by the COUNTY for a period of 
not less than three (3) years from the date the service is rendered. That documentation shall include 
the location of each animal and the address or the persons responsible for their care, which shall 
be made available for inspection and audit by the COUNTY for a period of not less than three (3) 
years from the date the service is rendered.  
14.
VENUE: Any litigation arising from the agreement, or the performance thereof
will be decided in the state courts of Maricopa County. The laws of the State of Arizona shall 
govern the construction and interpretation of this CONTRACT.  
15.
ARBITRATION: This CONTRACT is subject to arbitration pursuant to A.R.S. §
12-1518.

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16.
NOTICES: All Notices shall be in writing and sent by certified mail to the Parties
at the following addresses: 
MCC 
 COUNTY 
Michael Mendel, Director 
Maricopa County Animal Care & 
Control  
2500 South 27th Avenue 
James H. Curtin
Maricopa County Community College District
Office of General Counsel
2411 West 14th Street  
Tempe, Arizona 85281 
Phoenix, Arizona 85009 
Kim Miles, Deputy County Attorney 
Maricopa County Attorney’s Office 
Civil Division, Government Advice 
225 W. Madison 
Phoenix, Arizona _______ 
IN WITNESS WHEREOF we have hereunto set our hands this ___ day of ________, 2022. 
MCC 
MARICOPA COUNTY 
By: ________________ 
By: ___________________ 
James H. Curtin 
Bill Gates, Chairman, 
Maricopa County Community College District 
Maricopa County 
for Mesa Community College 
Board of Supervisors 
Attested to by:  ______________ 
 Clerk of the Board of Supervisors 
APPROVED: 
By: 
_____________ 
 Attorney for Board of Supervisors