ARIZONA GREYHOUND & ANIMAL RESCUE FUND.PDF

GENERAL SERVICES CONTRACT
New Hope General Program
This CONTRACT made and entered into by and between Maricopa County, administered by Marieopa
County Animal Care and Control Department (Department) collectively referred to hereinafter as
"COUNTY" and Arizona Greyhound & Animal Rescue Fund, a 501(C)3 corporation, 8987 E. Tanque
Verde Road, Tucson, AZ 85749, 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 January 1, 2018 and expire on December 31, 2020 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.
ARIILLE.lil - 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.
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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.
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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, and/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
Contractor including representatives, agents, and employees shall carry 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
Li 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;
c. 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 15 th of the month, the following information for all
animals received from County during the previous month.
a. Status of ownership
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7. Contractor shall not adopt out any animal that has not been sterilized.
S. 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 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.
ARTICLF, 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- INDUENDENT 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 VJI - COMPLIANCE WITII 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
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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.
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 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.
ARIICLEIliz-thiDEMIELCAIM
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.
igingaiLlsaReau
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
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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 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.
ARTILLEALL:1 .111
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 ARS. §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.
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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
Arizona Greyhound & Animal Rescue Mary Martin, Director
Jean Williams, President Maricopa County Animal Care and
8987 E. Tanque Verde Road Control
PMB 3091153 2500 South 27th Avenue
Tucson, AZ 85749 Phoenix, Arizona 85009
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.
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 , 20_.
CONTRACTOR MARICOPA COUNTY
By:
n Williams, President Chairman, Board of Supervisors
Arizona Greyhound & Animal Rescue Fund
APPROVED AS TO FORM ATTEST
By: By:
Attorney for Board of Supervisors Clerk of the Board of Supervisors
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