2023.06.14_NEW_HOPE_PARTIALLY_EXECUTED_(PATHWAY_FOR_PAWS).DOCX.PDF

GENERAL SERVICES CONTRACT 
New Hope General Program 
 
 
This CONTRACT 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 Pathway for Paws 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 held by the period prescribed by law;  
 
WHEREAS, County wishes to reduce the number of animals within its facilities by transferring animals 
to the care and custody of New Hope contractors; 
 
WHEREAS, New Hope participants provide shelter and care to homeless animals as an alternative to 
adoption or euthanasia; and, 
 
WHEREAS, Contractor has the personnel, facilities, and experience to maintain these animals until a home 
is found for each animal. 
 
NOW, THEREFORE, the Parties hereto agree as follows: 
 
ARTICLE I - TERM 
 
This Contract shall become effective upon execution of the last signer and expire on 06-14-2026.  
 
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.  
 
ARTICLE III - 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. 
 
ARTICLE IV – SCOPE 
 
A. DUTIES OF COUNTY 
 
1.  County may in its sole discretion allow Contractor, under the New Hope Program, to assume 
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responsibility for animals as an alternative to adoption when these animals have been deemed not 
ready for adoption due to medical or behavioral issues and have been held by the period prescribed 
by law or have been available to the public for adoption for a period of time deemed appropriate 
by MCACC. 
 
2.   The County reserves the right to deny the placement of an animal for any reason deemed by the 
County as a threat to public health or safety. 
 
3.   County shall provide a no cost dog license with one (1) permanent tag, good for one year from 
date of vaccination, to each dog three months of age or older and the completed rabies vaccination 
certificate at no cost to Contractor. 
 
4.  County shall provide the initial license transfer to initial new owner within the Contractor’s initial 
license year at no cost to Contractor when utilizing the established online system.  
 
5.   County may offer medical spay or neuter for select animals released to Contractor. The fee is set 
by the County and requires full cost recovery. 
 
6.    County shall hold one or more Contractors meetings in an annual period. 
 
7. 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. 
 
8. County may remove animals from Contractor upon inspection when Contractor has not adequately 
provided proper food, medical resources, housing, confinement, or when poor sanitary conditions 
exist that may jeopardize the health and safety of the animals. 
 
9. 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 in the care of the Contractor is in jeopardy. 
   
10. Contractor shall be informed in writing of the reason for 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. 
 
11. A temporary suspension imposed by the County shall remain in effect unless and until Contractor 
comes into compliance. 
 
12. County does not guarantee the condition of any animal, its age, health, temperament or behavior. 
County does not warranty any medical problems, complications, and/or illnesses that were not 
detected or that may arise with an animal. 
 
13. County will accept returns of transferred animals within seven (7) days of transfer at no charge to 
the Contractor. An Owner Surrender fee will apply after day seven (7) unless the fee is waived at 
the discretion of the County.  
 
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B. DUTIES OF CONTRACTOR 
 
1.  Contractor including representatives, agents, and employees shall carry a state-issued 
identification card with their picture and shall present their identification card at time of animal 
release and upon demand by the County.   
 
2. Contractor shall conduct business with County from two hours prior to opening of the shelters to the 
general public until closing.  
 
3. The County maintains a list of animals at risk of euthanasia due to medical or behavioral issues 
(New Hope Portal). The Contractor may request that the County pull an at-risk animal. However, 
the Contractor must take delivery of any animal from the New Hope Portal within twenty-four 
(24) hours of the request.  
 
4. Contractor shall assume full and sole responsibility for the cost and maintenance of all animals 
transferred from County, including but not limited to the following: 
 
a. Additional necessary vaccinations; 
 
b. Sexual sterilization at the veterinary clinic of Contractor’s choice shall be at the expense of the 
Contractor. Sexual sterilization of each animal shall be performed immediately upon gaining 
control of the animal and prior to its release to the final adopter. In the case of pregnant or 
medically compromised animals that prevents 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 made available to County if requested; 
 
c. Appropriate veterinary care for any illness or injury;  
 
d. Euthanasia performed by or under the supervision of a licensed veterinarian when necessary to 
prevent suffering; and 
 
e. Provide behavioral modification training as necessary.  
 
5.   Within fifteen (15) days of adopting an animal to a new owner, Contractor shall complete license 
and ownership transfer of the animal to the new owner through the established online licensing 
system.  
 
6. Contractor shall not adopt out any animal that has not been sterilized.  
 
7.  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 or the persons responsible for their care. 
 
b. Records and books shall be made available for inspection and audit by County for a period of 
not less than two (2) years from the date the service is rendered. 
 
8.  Contractor shall report all bites to County and quarantine any animal in accordance with Arizona 
Revised Statutes § 11-1014 (E). 
 
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9.  Contractor shall make any and all premises where animals are maintained available for inspection 
by County upon twelve (12) hours-notice. 
 
10. 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. 
 
11. Contractor will ensure that when a concern arises that the County will be the first point of contact 
toward resolution of the issue. Harassment directed at or about any County employees or 
volunteers in any forum, print or in person, will not be tolerated. 
 
12. Contractor agrees that during and after their status as a New Hope partner they shall not disclose 
confidential or sensitive information that Contractor learns about County, including information 
about specific animals’ medical, behavioral, or other records, including personal identifying 
information about any County employee; the identity or personal information of a foster, previous 
owner, adopter, or potential adopter. Contractor should disclose any medical or behavior 
information provided by County about a specific animal to potential adopters for that animal. 
 
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 
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; 
 
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(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 
 
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, $2,000,000 
Products/Completed Operations Aggregate, 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. There shall be no endorsement or modifications 
of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground 
property damage. 
 
Automobile Liability.  Automobile Liability insurance with limits for bodily injury and property damage 
of not less than state mandated minimums for each occurrence with respect to any of the Contractor’s 
owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work.  
 
Workers’ Compensation. Workers’ Compensation insurance to cover obligations imposed by federal and 
state statutes having jurisdiction of  Contractor’s  employees  engaged  in  the performance of the work or 
services under this Contract; and Employer’s Liability insurance of not less than  $1,000,000  for  each  
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GENERAL SERVICES CONTRACT 
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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. 
 
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.3 
 
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: 
 
 
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GENERAL SERVICES CONTRACT 
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CONTRACTOR 
Stefanie Seitz 
Pathway for Paws 
2035 E. 17th Street 
Tucson, AZ 85719 
520-444-7803 
 
COUNTY 
Debbie McKnight, Interim Director 
Maricopa County Animal Care and Control 
2500 South 27th Avenue 
Phoenix, AZ 85009 
Fax: (602) 506-2766 
 
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. 
 
 
[SIGNATURE PAGE FOLLOWS] 
 
 
 
 
 
 
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GENERAL SERVICES CONTRACT 
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CONTRACTOR: 
MARICOPA COUNTY 
 
 
 
By: _________________________________ 
By: _______________________________     
      President/Director 
      Chairman, Board of Supervisors 
 
Printed Name: ________________________                  Printed Name: ______________________ 
 
 
Date: ______________________________ 
Date: _____________________________ 
 
 
 
APPROVED AS TO FORM: 
ATTEST: 
 
By: _________________________________ 
By: _______________________________     
      Deputy County Attorney 
      Clerk of the Board  
 
Printed Name: ________________________                  Printed Name: ______________________ 
 
 
Date: _______________________________ 
Date: _____________________________ 
 
DocuSign Envelope ID: 0FF525C9-49B6-496E-9ABD-2522D1B3F21B
5/30/2023
Stefanie Seitz
5/30/2023
Kim Miles