LICENSING AGREEMENT WITH MCACC MAY 2026.PDF
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Arizona Humane Society Cooperative Agreement Page 1 of 7 COOPERATIVE LICENSING AGREEMENT BETWEEN MARICOPA COUNTY AND THE ARIZONA HUMANE SOCIETY THIS COOPERATIVE AGREEMENT (“Agreement”) for Animal Control Licensing is entered by and between Maricopa County, a political subdivision of the State of Arizona, administered by its Animal Care & Control Department (“MCACC”) (collectively referred to as “County”), and The Arizona Humane Society (“AHS”), a nonprofit charitable animal-welfare corporation. The County and AHS are collectively referred to as “Parties” and individually as “Party.” In consideration of the following, the Parties agree as follows: 1.0 PURPOSE: This is a trial program designed to increase dog licensing. Currently, only MCACC sells dog licenses. In order to grow the population of Owners who license their dogs, AHS has agreed to sell first-time dog licenses on behalf of MCACC. This Agreement memorializes the Parties’ respective rights and responsibilities. 2.0 AUTHORITY 2.1 Dog licensing is a statutorily mandated service administered by the Maricopa County Enforcement Agent. A.R.S. § 11-1007, -1008. 2.2 Dogs that reside in Maricopa County and that are over the age of 3 months must be licensed. A.R.S. § 11-1008(A). No license may be sold without proof that the dog is up to date on its rabies vaccines. 2.3 The County may make such contracts as may be necessary to the exercise of its powers. See A.R.S. § 11-201.3. 3.0 TERM: This Agreement is effective for two years. It begins on May 1, 2026, (“Effective Date”) and will terminate on May 1, 2028 (collectively, “Term”). 4.0 RENEWAL: The Parties may renew this Agreement twice. Each renewal may be for an additional two years. All renewals will be via written amendment, executed by the authorized Parties, prior to the end of the Term. Arizona Humane Society Cooperative Agreement Page 2 of 7 5.0 AMENDMENTS: Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by authorized signers for both Parties. The Parties may renew or amend this Agreement upon the mutual written agreement signed by authorized signers for the Parties. 6.0 DEFINITIONS 6.1 Dog License: County-issued administrative license of a dog A.R.S. § 11- 1008. 6.2 Fee Schedule: County’s approved schedule of licensing fees adopted by the Board of Supervisors under A.R.S. § 11-1008. 6.3 First-Time License: A license issued to a dog not previously licensed in Maricopa County. 6.4 Handling Fee: The $10.00 retained by AHS per license sold pursuant to this Agreement. 6.5 Meet-and-Confer: In the event of a dispute, the meet-and-confer is the required in-person meeting between the two Parties. 7.0 COUNTY RESPONSIBILITIES The County agrees to: 7.1 Designate a point of contact for the Dog License program. 7.2 Provide the reporting data template and guidance necessary to process a dog license on behalf of the County. 7.3 Incorporate the AHS licensing data into the MCACC official record (DocuPet or the equivalent). 7.4 Provide pamphlets and licensing support information to new dog license holders. 7.5 Invoice AHS for licensing fees collected, less the Handling Fee, within thirty (30) days of the monthly sales report. 7.6 Provide at least thirty (30) days’ written notice of any Fee Schedule changes. 7.7 Provide the Owner with durable dog license tags. 7.8 Recognize the licenses sold by AHS as if they were sold directly by the County itself. 8.0 AHS RESPONSIBILITIES AHS agrees to: 8.1 Sell First-Time Licenses. 8.1.1 First-Time Licensing can be determined by the following: Arizona Humane Society Cooperative Agreement Page 3 of 7 8.1.1.1 A dog receiving its first rabies vaccine in Maricopa County and/or; 8.1.1.2 A dog not in the County’s licensing system. 8.2 AHS is not authorized to issue license renewals, replacements, corrections, or waive County licensing fees. 8.3 AHS must either administer a rabies vaccine or verify if a current rabies certification is on file prior to selling the Dog License per A.R.S. § 11- 1010 (A). 8.4 Collect licensing fees using AHS own receipting and payment system. 8.5 Charge only the fee specified on the Fee Schedule. 8.6 Retain $10.00 per license sold as the Handling Fee. 8.7 Submit reports to the County no less than once per week using the County's prescribed forms and templates, which include Owners’ information, animal information, and rabies certificate information. 8.8 Remit payment to the County within thirty (30) days of being invoiced. 8.9 Promote County Dog Licensing using County-approved messaging. 8.10 Maintain records sufficient to support audits and reconciliation. 9.0 RECORDS 9.1 At minimum, the Parties shall keep the following records under this Agreement: 9.1.1 Dog licensing records, including but not limited to, the application, license date of sale, dog identifying information (breed, size), the Owner and their contact information, and verification of the rabies vaccine provided by an authorized provider. 9.1.2 Any and all financial records related to this Agreement. This includes, but is not limited to, fees collected by AHS from the Owner, handling fees earned and retained by AHS, and any remittance paid to MCACC. 9.1.3 Any other books, accounts, reports, files, or other documents related to this Agreement required under law. 9.2 This Agreement and the associated records may be considered public records subject to A.R.S. § 39-121 et seq. 9.2.1 The County is responsible for fulfilling any records request pertaining to this agreement. 9.2.2 AHS is responsible for providing any documentation to the County to support a records request pertaining to this agreement. 9.3 Any personally identifiable information (PII) provided by the County must be held confidential by AHS. 9.3.1 PII in this context generally refers to Owner’ phone numbers, addresses, dates of birth, or financial account information. Arizona Humane Society Cooperative Agreement Page 4 of 7 9.3.2 Any PII data provided to support this program by the County shall not be transferred or released by AHS to any third-party without the explicit permission of the County. 9.3.3 If AHS should become aware that their computer system was breached or that Owners’ PII was compromised, AHS will notify the County within two business days. 10.0 LEGAL RELATIONSHIP: This is a contractual relationship. Nothing in this Agreement creates a legal partnership, joint venture, or employment relationship between the Parties or the Parties’ employees. Neither Party is liable for any debts, accounts, obligations, or other liabilities of the other. 11.0 SUBCONTRACTING: AHS shall not subcontract any responsibility or portion of this Agreement to a subcontractor without the prior, express, written consent of the County. 12.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without prior written consent of the Parties. 13.0 LEGAL COMPLIANCE: The Parties agree to comply with all applicable laws: local, state, federal, rules, regulations, and executive orders governing equal employment opportunity, immigration, or nondiscrimination, including but not limited to the Americans with Disabilities Act. This term explicitly includes compliance with E-Verify to the extent applicable. 14.0 INDEMNIFICATION: Each Party shall indemnify and hold harmless the other Party from and against claims, damages, losses, and expenses to the extent caused by the negligent or willful acts or omissions of the indemnifying Party or its employees. 15.0 DISPUTE RESOLUTION: In the event a dispute arises, a member of management for each of the two Parties will “meet and confer” in-person or by phone about the dispute. The Parties will make their best efforts to reach a resolution within ten (10) business days of the meet-and-confer. If the Parties are unable to reach a mutually acceptable resolution, the Agreement will terminate. 16.0 PARTIAL PERFORMANCE: The failure of either Party to insist on the full and complete performance of any individual term of this Agreement shall not be construed as a waiver of the right to later insist upon full and complete performance of the same, or any other term, either in the past or in the future. 17.0 FORCE MAJEURE: Neither Party shall be responsible for delays or failures in Arizona Humane Society Cooperative Agreement Page 5 of 7 performance resulting exclusively from unanticipated, unpreventable, uncontrollable, exceptional, and overwhelming events or acts. This includes acts or events of nature, such as fires, pandemics, floods, hurricanes, monsoons, tornadoes, or communication line or power failures; and, acts or events of people, such as riots, wars, and governmental regulations imposed after the fact. 18.0 INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity insurance. 19.0 TERMINATION: 19.1 Any Party may terminate this Agreement at any time with or without cause by giving ninety (90) days’ written notice. 19.2 Pursuant to A.R.S. § 38-511, either Party may cancel this Agreement without penalty or obligation, if any person significantly involved in the initiating, negotiating, securing, drafting, or creating of this Agreement was in effect an employee of the other party to the Agreement. 19.3 In the event of non-payment by AHS, and upon written notice to AHS by the County of non-payment with an opportunity to cure, this Agreement shall terminate as of the date of last payment received and the rights and obligations of the Parties shall immediately cease. 19.4 Upon termination of this Agreement, whether by mutual agreement or otherwise, any dog license processed by AHS are immediately due and payable to the County. AHS agrees to remit payment for all such services in accordance with the terms of this Agreement. 20.0 VENUE; CHOICE OF LAW 20.1 The proper venue for any proceeding arising from this Agreement shall be Maricopa County, Arizona. 20.2 This Agreement shall be construed in accordance with and be governed by the laws of the State of Arizona. 21.0 ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, shall be deemed to exist or to bind any of the Parties hereto. 22.0 NOTICE: Whenever written notice is required or permitted under this Agreement, such notice shall be deemed to have been sufficiently given if personally delivered or deposited in the United States mail in a properly stamped Arizona Humane Society Cooperative Agreement Page 6 of 7 envelope – certified or registered mail, return receipt requested – or electronically mailed, addressed to: County AHS Maricopa County Animal Care & Control Licensing c/o Kate Davis-Hill 2500 S. 27th Avenue Phoenix, AZ 85009 (602) 506-0819 Accfinance@maricopa.gov cc: Maricopa County Animal Care & Control c/o Gus Martinez 2500 S. 27th Avenue Phoenix, AZ 85009 (602) 506-5100 Accfinance@maricopa.gov Arizona Humane Society c/o cc: Arizona Humane Society c/o IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding on said Party in accordance with its terms. The Parties enter into this Agreement as of the Effective Date, as defined in Section 3.0 of this Agreement: MARICOPA County Arizona Humane Society By: By: Kate Brophy McGee, Chair Maricopa County Board of Supervisors Dr. Melissa Thompson, Vice President Arizona Humane Society Date Attest: Juanita Garza, Clerk of the Board Date Melissa Thompson DVM 5501 E. Van Buren Phoenix, AZ 85008 602-997-7585 mthompson@azhumane.org 5/11/2026 Arizona Humane Society Cooperative Agreement Page 7 of 7 Approved as to Form: Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and Arizona Humane Society charter and has determined it is in proper form and within the powers and authority granted under the laws of this state to the County and AHS. Deputy County Attorney Attorney for Maricopa County Date