MCSO_ACC_FMD_IDA_V3_MCSO_MCAO_APPROVED_08112023_FINAL_CLEAN.DOCX
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INTERDEPARTMENTAL AGREEMENT
AMONG
MARICOPA COUNTY ANIMAL CARE AND CONTROL
AND
MARICOPA COUNTY FACILITIES MANAGEMENT DEPARTMENT
AND
MARICOPA COUNTY SHERIFF’S OFFICE
This Interdepartmental Agreement (“IDA”) is entered into by and among Maricopa County
Animal Care and Control (“ACC”), Maricopa County Facilities Management Department
(“FMD”) and the Maricopa County Sheriff’s Office (“MCSO”), collectively referred to as the
Parties and individually as a Party.
PURPOSE
The purpose of this IDA is to memorialize the Parties understandings regarding the relocation of
the Maricopa Animal Safe Haven unit (“MASH”) from the First Avenue Jail at 120 South 1st
Avenue, to the ACC facility at 2500 S. 27th Avenue, Phoenix, AZ 85009 ("Durango Facility").
RECITALS
WHEREAS, MCSO has overseen MASH for nearly 20 years wherein MASH provides care,
training and health services for animals seized during lawful actions by MCSO;
WHEREAS, the current MASH facility requires upgrades to continue operations on a long-term
basis;
WHEREAS, Maricopa County has determined a new west valley animal shelter will better serve
the needs of the community and is in the process of designing a new shelter, which when completed
will serve as a replacement for the Durango Facility.
WHEREAS, ACC will vacate the Durango Facility when the new shelter is completed, freeing up
kennel space at the existing Durango Facility for use by MASH;
WHEREAS, the collective cost of staffing, including veterinary services, and the cost of utilities
and maintenance of the current MASH facility is currently estimated to be $1,550,000.00 on an
annual basis; and
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WHEREAS, the Maricopa County Board of Supervisors (“Board”), on an annual basis, shall re-
evaluate the cost for staffing, operation, utilities and maintenance and, as the Board does with other
County programs, the Board will allocate funding for staffing, operation utilities and maintenance
for the Durango Facility and, in doing so, the Board will consider inflationary increases to the cost
to staff, operate and maintain the Durango Facility, it is anticipated that the County’s contribution
to the staffing, operation, and maintenance of MASH at the Durango Facility shall be similar to
the current cost for staffing, operation, and maintenance incurred by the County at the existing
MASH facility, which is currently estimated to be $1,550,000.00 on an annual basis.
NOW, THEREFORE, in consideration of the foregoing recitals, the Parties agree as follows:
TERMS
1. Recitals.
The Recitals, by this reference, are incorporated into this IDA.
2. Term.
The initial term of this IDA ("Term") shall be from January 1, 2024, through
December 30, 2034, unless terminated earlier as provided hereunder. The Term may be
extended for up to two five (5) year periods with the mutual consent of the Parties.
3. Future Capital Expenditures. All future capital costs for upgrades and improvements related
to MASH at the Durango Facility shall be paid from MASH donation funds and other funds
secured by or in conjunction with MCSO. The Inmate Services Fund may be used for future
capital costs for Durango Facility upgrades related to programming, education and other
allowable uses.
4. The Durango Facility.
The Durango Facility consists of a 40,406 square-foot main building
and nine (9) outbuildings with a total of 400 kennels, for both buildings, on an approximately
five and one half (5.5) acre site otherwise known as Assessor's Parcel Number 105-17-003X.
A site plan for the Durango Facility is provided in Exhibit A, attached hereto. Further details
related to ACC's operation of the Overflow Kennels, defined below, will be outlined in a letter
agreement or amendment to this IDA.
5. West Valley Animal Shelter.
The County intends to design and construct a new ACC
shelter in the west valley. The estimated timeframes for the site acquisition, design and
construction are twelve (12) months, eighteen (18) months and twenty-four (24) months,
respectively. The County anticipates the new ACC shelter becoming operational four (4) years
from the date the property is acquired.
6. MCSO Obligations.
6.1.
MCSO agrees to assume operational responsibility of the Durango Facility and to
relocate MASH from the First Avenue Jail to the Durango Facility once vacated by ACC
and inspected by FMD.
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6.2.
MCSO agrees that any contracts related to modifications/alterations of the building or
property comply with the Maricopa County Procurement Code and such
modifications/alterations must be consistent with County building standards as provided
by FMD.
6.3
MCSO agrees that all building renovation costs will be absorbed within MCSO’s
existing capital or detention budget. Additional funds will not be allocated by the Board
for modifications/alterations to the building or property.
6.4.
MCSO acknowledges that the use of the Durango Facility is limited to the operation of
MASH and MCSO will not grant any easement or otherwise encumber the property
without the prior written consent of the County. Consent to alter or modify the Durango
Facility may be obtained from the Director of FMD or Director of Real Estate
Department. Once such consent is obtained, MCSO shall complete FMD's standard
project request form.
6.5
MCSO agrees that, when needed, ACC has the right to use two outbuildings, identified
as Buildings H and I, equipped with 20 and 40 kennels, respectively, for temporary
overflow (“Overflow Kennels”). ACC will be responsible for maintaining kennel space
that it occupies.
7. FMD Obligations.
7.1.
Upon occupation by MASH, FMD will maintain the Durango Facility in a manner
similar to other County facilities.
7.2.
FMD agrees to respond to any request for modification/alteration provided under
Section 6.4 within fourteen (14) days.
7.3
FMD agrees to promptly respond to any inquiries or request from MCSO or their
consultants/contractors.
8. ACC Obligations.
8.1.
With respect to the use of the Overflow Kennels described in Section 6.5, ACC agrees
to notify MCSO at least fourteen (14) days in advance of the date of use and agrees to
supply adequate staff to properly care for dogs housed within the Overflow Kennels.
8.2.
ACC agrees to work in good faith with MCSO to modify this IDA with respect to the
operation of the Overflow Kennels by ACC.
GENERAL TERMS AND CONDITIONS
9.
The rights described within this IDA may not be assigned to any other party not included
in this IDA.
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10.
This IDA contains the entire understanding of the Parties with respect to the subject matter
hereof. There are no representations or provisions other than those contained herein. This
IDA shall not be amended or modified, in any manner, except by an instrument in writing,
signed by the Parties.
11.
The Parties agree, that should any part of this IDA be held to be invalid or void, the
remainder of the IDA shall remain in full force and effect.
12.
The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further
acknowledge that:
12.1
Any contractor or subcontractor who is contracted by a Party to perform work under
this IDA shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. Section
23-214(A) and shall keep a record of the verification for the duration of the
employee’s employment or at least three (3) years, whichever is longer.
12.2
Any breach of the warranty shall be deemed a material breach of the contract, (or
subcontract) that is subject to penalties up to and including termination of the
contract or subcontract.
12.3
The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works under this IDA to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours in order to facilitate such an inspection.
12.4
Nothing in this IDA shall make any contractor or subcontractor an agent or
employee of the Parties to this IDA.
13.
This IDA is subject to termination by either Party pursuant to the provisions of A.R.S. §
38-511.
14.
The Parties to this IDA have chosen attorneys employed by the Civil Services Division of
the Maricopa Attorney’s Office (“Civil Services Division”) to act as their attorney for the
purpose of reviewing this IDA. In doing so, by their signature below, each Party
acknowledges that it is aware that the Civil Services Division will represent each Party to
this IDA, and each Party expressly waives any conflict created thereby.
15.
To administratively handle requests and changes to the existing IDA, the Deputy/Assistant
County Manager for Maricopa County and/or the Director of Maricopa County Animal
Care and Control may modify or amend this IDA without Board action. This IDA may be
terminated upon 30 days written notice by any of the Parties.
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16.
All notices under this IDA shall be mailed (to include inter-office), emailed or delivered to
the Party to receive such notice, and shall be in writing and addressed to the following
individuals:
ACC:
Maricopa County Animal Care and Control
2500 S. 27th Avenue
Phoenix, AZ 85009
MCSO:
Maricopa County Sheriff’s Office
Attn: James Prindiville, Executive Chief Financial Officer
550 W. Jackson Street
Phoenix, AZ 85020
JamesPrindiville@MCSO.Maricopa.gov
FMD:
Maricopa County Facilities Management Department
401W. Jefferson
Phoenix, AZ 85003
With a copy to: Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, AZ 85009
End of Agreement - Signature Pages Follow
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ACCEPTED BY:
MARICOPA COUNTY ANIMAL CARE AND CONTROL
___________________________________
_________________________
Name
Date
Title
MARICOPA COUNTY SHERIFF’S OFFICE
_________________________________
_______________________
Sheriff Paul Penzone
Date
MARICOPA COUNTY FACILITIES MANAGEMENT DEPARTMENT
___________________________________
_________________________
Charles Jones
Date
Facilities Management Director
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APPROVAL:
MARICOPA COUNTY BOARD OF SUPERVISORS
___________________________________
_________________________
Chairman, Board of Supervisors
Date
ATTEST:
Clerk of the Board
Date
Approved as to Form:
_________________________________
_______________________
Deputy County Attorney
Date
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EXHIBIT A
Durango Facility