NEW HOPE AGREEMENT WITH ARIZONA SMALL DOG RESCUE.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 (Department) collectively referred to
hereinafter as "COUNTY" and Arizona Small Dog Rescue, a 501(C)3 corporation, 1102 W. Hatcher
Road, Phoenix, AZ 85021, 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, County receives a surplus of homeless animals every year many of which may be
euthanized after held by the period prescribed by law; and
WHEREAS, County wishes to reduce the number of animals that are euthanized 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;
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 commence October 1, 2018 and expire on September 30, 2021 unless terminated
earlier as provided herein or further extended in accordance herewith. This Contract is effective when
executed by the Parties.
ARTICLE II- RENEWAL/AMENDMENT
This Contract may be renewed for one (3) three-year period by a written amendment executed by the
Parties. All Amendments to this Contract shall be in writing and signed by authorized signers for both
Parties.
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.
Page 1 of 7

ARTICLE IV — SCOPE
A. DUTIES OF COUNTY
1. County may in its sole discretion allow Contractor, under the New Hope Program, to assume
responsibility for animals as an alternative to adoption, ('New Hope selection") 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 Maricopa County Animal Care and Control, referred to
hereinafter as "MCACC" and have not been adopted or cannot be kept by MCACC any longer.
2. The County reserves the right to deny the placement of an animal for any social behavior issue
deemed by the County a threat to public health or safety.
3. County shall provide a no cost dog license with two (2) permanent tags, 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 or new owner. License and ownership transfers shall be
reported to the County through use of the established online system within 15 days of new owner
adoption.
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 Contractor meetings in an annual period.
7. County may inspect the Contractor 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 shall 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. A temporary suspension imposed by the County shall remain in effect unless and until Contractor
comes into compliance or until County enters a permanent order after notice and an opportunity
for hearing.
11. 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.

12. County does not guarantee or warranty the condition of any animal, its age, health, or
temperament and behavior. County does not warranty any medical or behavior problems,
complications, arid/or illnesses that were not detected or that may arise with an animal.
13. County will accept returns of transferred animals within seven days of transfer at no charge to the
Contractor. An Owner Surrender fee will apply after day seven unless the fee is waived at the
discretion of the County.
B. DUTIES OF CONTRACTOR
1. Contractor including representatives, agents, and employees shall cany an Arizona State
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
("At Risk List"). The Contractor may request that the County pull an animal from the At Risk
List. However, the Contractor must take delivery of any animal from the At Risk List within
twenty-four (24) hours of the request.
4. Contractor shall assume full and sole responsibility for the cost and maintenance of all New Hope
selections received from County, including but not limited to the following:
a. Additional necessary vaccinations
b. Sexual sterilization at the veterinary clinics 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 medically compromised
animals that prevents the immediate sterilization for medical reasons, sexual sterilization shall be
performed as soon as medically possible;
e. Appropriate veterinary care for any illness or injury; and
d. Euthanasia performed by or under the supervision of a licensed veterinarian when necessary to
prevent suffering.
e. Provide behavioral modification training as necessary for animals with social behavior issues.
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 and provide County with new owner's
information including: name, address, home phone number, alternate phone number and email
address, if available.
6. Contractor shall provide the County by the 15th of the month, the following information for all
animals received from County during the previous month.
a. Status of ownership
7. Contractor shall not adopt out any animal that has not been sterilized

8. Contractor shall keep and maintain complete books and records concerning its perfomiance 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 three (3) years from the date the service is rendered.
9. Contractor shall report all bites to County and quarantine any animal in accordance with Arizona
Revised Statutes § 11-1014 (E).
10. Contractor shall make any and all premises where animals are maintained available for inspection
by County upon twelve (12) hours-notice.
11. Contractor shall conduct themselves in a professional and courteous manner at all times when
dealing with County, its officers, departments, employees, agents and customers. Contractor shall
not interfere or disrupt the functions of the County or fail to comply with the procedures
established by County.
12. 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.
13. 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, adopter,
or potential adopter.
14. Contractor agrees to submit to a County compliance review of this Contract annually.
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 VH - 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;
(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 I 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 — 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

Automobile Liability. Automobile Liability insurance with a combined single limit for bodily injury and
property damage of not less than $100,000/$300,000 each occurrence with respect to any of the Lessee's
owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor's work or
services or use or maintenance of the Premises under this Contract.
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
accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
ARTICLE XI- 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 XII - 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 XIII — TERMINATION
Either Party may terminate this Contract at any 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 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 XIV - 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 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 XV — 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:
CONTRACTOR COUNTY
Valerie Blair Mary Martin, Director
Arizona Small Dog Rescue Maricopa County Animal Care and Control
1102 W. Hatcher Rd2500 South 27th Avenue
Phoenix, AZ 85021 Phoenix, Arizona 85009
602-944-2440 Fax: (602) 506-2739
XVI — ISRAEL BOYCOTT
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the duration
of the Contract to not engage in, a boycott of Israel.
XVH - 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.
IN WITNESS WHEREOF we have hereunto set our hands this day of ,2018
MAR1COPA COUNTY
By:
Valerie Blair Chairman, Board of Supervisors
President/Director
Arizona Small Dog Rescue
APPROVED AS TO FORM ATTEST
By: By:
Attorney for Board of Supervisors Clerk of the Board of Supervisors