PAW PLACEMENT.PDF

GENERAL SERVICES CONTRACT
New Hope General Program
and between Maricopa County, administered by
This CONTRACT made and entered into by referred to
Animal Care and Control Department (Department) collectively
Maricopa County 501(C)3 corporation, PMB 769,
“COUNTY” and Paw Placement Animal Rescue, a
hereinafter as 85251, referred to hereinafter as
Road, #123, Scottsdale, Arizona
3370 N. Hayden referred to collectively as “Parties” and
“CONTRACTOR”. County and Contractor may be
individually as “Party.”
and covenants herein contained, the parties agree as
For and in consideration of the mutual promises
follows:
RECITALS
of homeless animals every year many of which may be
WHEREAS, County receives a surplus
euthanized after held by the period prescribed by law; and
number of animals that are euthanized within its
WHEREAS, County wishes to reduce the
animals to the care and custody of New Hope contractors;
facilities; by transferring
shelter and care to homeless animals as an alternative
WHEREAS, New Hope participants provide
to adoption;
facilities and experience to maintain these animals
WHEREAS, Contractor has the personnel,
until a home is found for each animal.
THEREFORE, the parties hereto agree as follows:
NOW,
ARTICLE 1- TERM
September 30, 2020 unless terminated
October 1, 2017 and expire on
This Contract shall commence This Contract is effective when
herein or further extended in accordance herewith.
earlier as provided
executed by the Parties.
ARTICLE W- RENEWAL/AMENDMENT
written amendment executed by the
be renewed for one (3) three-year period by a
This Contract may and signed by authorized signers for both
All Amendments to this Contract shall be in writing
Parties,
Parties.
E 1 - ENTIRE TRAC
between the Parties and it may not be modified, amended,
This document contains the entire Contract
written amendment signed by the Parties.
altered or extended except through a
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ARTIC — SCOPE
A. DUTIES OF COUNTY
1.
) when these
any longer.
N . The County reserves the ri ght to deny the
deemed placement of an animal for any social behavior issue
by the County a threat to public health
or safety.
County shall provide a no cost dog license with two
from date of vaccination (2) permanent tags, good for one year
to each dog three months of age or older and the
vaccination certificate at no cost to completed rabies
Contractor,
County shall provide the initial license transfer
initial license to initial new owner within the Contractor’s
year at no cost to Contractor or new owner. License
shall be reported to the and ownership transfers
County through use of the established online
of new owner adoption. system within 15 days
County may offer medical Spay or neuter for select animals
is set by the County and released to Contractor. The fee
requires full cost recovery,
County shall hold one or more Contractor
meetings in an annual period,
County shall remove animals from Contractor
adequately upon inspection when Contractor has not
provided proper food, medical
sanitary conditions exist resources, housing, confinement, or when poor
that may jeopardize the health and safety of the animals,
County may temporarily suspend this contract without notice
County determines and in its sole discretion if the
that:
a. The Contractor is
non-compliant with the provisions of this
b. The health and safety of an animal in the Contract;
care of the Contractor is in Jeopardy.
10. A temporary suspension imposed by the
Contractor County shall remain in effect unless and until
comes into compliance or until County enters
an Opportunity for a permanent order after notice and
hearing.
11. Contractor shall be informed in
writing of the reason for temporary
of the suspension and Contractor suspension upon issuance
shall have five (5) business days to respond in
writing from
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the date of the notice.
the condition of any animal, its age, health, or
12. County does not guarantee or warranty
does not warranty any medical or behavior problems,
temperament and behavior. County
that were not detected or that may arise with an animal.
complications, and/or illnesses
transferred animals within seven days of transfer at no charge
13. County will accept returns of unless the fee is waived
An Owner Surrender fee will apply after day seven
to the Contractor.
at the discretion of the County.
B. DUTIES OF CONTRACTOR
and employees shall carry an Arizona State
i, Contractor including representatives, agents, card at time of
card with their picture and shall present their identification
identification
animal release and upon demand by the County.
with County from two hours prior to opening of the shelters
Contractor shall conduct business
to the general public until closing.
list of animals at risk of euthanasia due to medical or behavioral
The County maintains a animal from the
The Contractor may request that the County pull an
issues (“At Risk List”). animal from the At Risk
the Contractor must take delivery of any
At Risk List. However,
List within twenty-four (24) hours of the request.
for the cost and maintenance of all
Contractor shall assume full and sole responsibility
including but not limited to the following:
New Hope selections received from County,
a. Additional necessary vaccinations
clinics of Contractor’s choice shall be at the expense
b. Sexual sterilization at the veterinary
sterilization of each animal shall be performed immediately
of the Contractor. Sexual the final adopter. In the case
control of the animal and prior to its release to
upon gaining the immediate sterilization for medical
of medically compromised animals that prevents
sexual sterilization shall be performed as soon as medically possible;
reasons,
veterinary care for any illness or injury; and
c. Appropriate
under the supervision of a licensed veterinarian when
d. Euthanasia performed by or
necessary to prevent suffering.
for animals with social behavior
Provide behavioral modification training as necessary
e.
issues.
of adopting an animal to a new owner, Contractor shall complete
Within fifteen (15) days with new
transfer of the animal to the new owner and provide County
license and ownership number, alternate phone
information including: name, address, home phone
owner’s
number and email address, if available.
the 15" of the month, the following information for
Contractor shall provide the County by
all animals received from County during the previous month.
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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
of this Contract at the address listed this performance
on 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
period of for inspection and audit by County for a
not less than three (3) years from the date the service is
rendered.
9. Contractor shall report all bites to
Arizona County and quarantine any animal in accordance with
Revised Statutes § 11-1014 ().
10. Contractor shall make any and all premises where
inspection animals are maintained available for
by County upon twelve (1 2) hours-notice.
11. Contractor shall conduct themselves in
a professional and courteous manner at all times when
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
employees directed at or about any County
or volunteers in any forum, print or in person will not be tolerated.
13. Contractor agrees that during and after their
disclose status as a New Hope partner they shall not
confidential or sensitive information that Contractor
information about learns about County, including
specific animals’ medical, behavioral, or other
identifying information about records, including personal
any County employee; the identity or personal information
a foster, adopter, or potential adopter. of
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
its duties any costs incurred by the other Party in the performance of
and obligations under this Contract.
ARTICLE VI - INDEPENDENT
CONTRACTOR
The status of Contractor shall be that of
an independent contractor and Contractor,
and agents, shall not be considered including employees
receive an employee(s) of Maricopa County and shall not be entitled
any benefits associated with regular to
the employment, and will not be subject to the provisions of
Maricopa County Employee Merit System.
ARTICLE Vi - COMPLIANCE WITH ALL LAWS
Contractor shall comply with all federal, state and local
laws, rules, regulations, and professional
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within this Contract. The laws and regulations of
standards, without limitation to those designated
the performance of this Contract and any disputes
Arizona shall govern the rights of the parties,
Contract shall be brought in the appropriate Arizona court. Any
hereunder. Any action relating to this
the terms of this Contract shall apply, but do not require
changes in the rules and regulations during
an amendment.
VI0—E-VERIFICATION QE EMPLOYEES
ARTICLE
in compliance with A.R.S. § 41-4401 and further
Contractor warrants that they are
acknowledges:
if warrant their compliance with all federal
(1) That they and their subcontractors, any,
that relate to their employees and their compliance
immigration laws and regulations for the
subsection A and shall keep a record of the verification
with A.R.S. § 23-214,
or at jeast three years, whichever is longer;
duration of the employee's employment
under subsection | above, shall be deemed a material
(2) That a breach of a warranty termination of the
breach of the contract that is subject to penalties up to and including
contract;
entity retains the legal right to inspect the papers of
(3) That the contracting government that
who works on the contract to ensure
contractor or subcontractor employee
any with the warranty provided under
the contractor or subcontractor is complying
| above and that the contractor agrees to make all papers and employment
subsection normal working hours in order to
records of said employee(s) available during
facilitate such an inspection.
herein shall make any contractor or subcontractor an agent or
(4) That nothing
employee of the contracting government entity.
ARTICLE IX - INDEMNIFICATION
defend and hold harmless Maricopa County, its officers, departments,
Contractor shall indemnify, liabilities, damages, losses or
and from and against any and all claims, actions,
employees agents for claim processing, investigation and
court costs, attorneys’ fees and costs
expenses (including for bodily injury or personal injury (including death),
litigation) (hereinafter referred to as “Claims”) in whole or in
caused, or alleged to be caused,
or loss or damage to tangible or intangible property officers,
omissions of the Contractor or any of its directors,
part, by the negligent or willful acts or amount arising out of or
subcontractors. This indemnity includes any claim or
agents or employees or out of the failure of such contractor to
recovered under the Workers’ Compensation Law or arising
rule, regulation or court decree. It is the
conform to federal, state or local law, statute, ordinance,
the Indemnitee shall, in all instances, except for Claims arising
specific intention of the parties that indemnified by such
willful acts or omissions of the Indemnitee, be
solely from the negligent or Contractor will be responsible
and all claims. It is agreed that such
Contractor from and against any indemnification is applicable.
defense and judgment costs where this
for primary loss investigation,
ARTICLE X - INSURANCE
General Liability (CGL) insurance and, if necessary,
General Liability. Commercial
with a limit of not less than $1,000,000 for each occurrence,
Commercial Umbrella insurance
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$2,000,000 Products/Completed Operations
The Aggregate, and $2,000,000 General Aggregate Limit.
policy shall include coverage for premises
damage, liability, bodily injury, broad form property
personal injury, products and completed operations and blanket
shall not contain any provisions which would contractual coverage, and
shall be serve to limit third party action over claims. There
no endorsement or modifications of the CGL
arising from limiting the scope of coverage for liability
explosion, collapse, or underground
property damage.
Automobile Liability. Automobile Liability insurance with
and a combined single limit for bodily injury
property damage of not less than $100,000/$300,000
Lessee’s each occurrence with respect to any of the
owned, hired, and non-owned vehicles
Contractor’s assigned to or used in performance of the
work or services or use or maintenance of the Premises
under this Contract.
Workers’ Compensation. Workers’
Compensation insurance to cover obligations
federal and state statutes having imposed by
jurisdiction of Contractor’s
performance of the work or services under employees engaged in the
less than this Contract; and Employer’s Liability insurance of not
$1,000,000 for each accident, $1,000,000 disease for
$1,000,000 disease each employee, and
policy limit.
TICLE XI - NON-A MEN
This Contractor may not assi gn this Contract without
assignment ptior written consent of the County. Any
or attempted assignment of this Contract without the
be void. If the prior written consent of County shall
County agrees in writing to an assignment this
on any and all Contract, the Contract shall be binding
successors and assigns of Contractor,
if I - NON-
Either Party may terminate this Contract at time
and any by giving 30 days written notice to the other
Party by specifying the effective date. Upon termination of this
in the possession of Contract all property of County
Contractor, including records and forms shall remain the
and shall be returned immediately property of County
to County. County may terminate this Contract
the life, health or safety of any animal is in immediately when
Contractor. jeopardy because of the actions or inactions of
ARTICLE XIV - TERMINATION FOR
CONFLICT OF INTEREST
Notice is given that pursuant to A.RS. §38-511 the
County may cancel this Contract without
or further obligation within three after penalty
years execution of the contract, if
involved in initiating, any person significantly
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,
or agent of any other Party to the Contract in an employee
any capacity or consultant to any other Party of the
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Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.RS §38-511
the County recoup any fee or commission paid or due to any person significantly involved in
may
securing, drafting or creating the Contract on behalf of the County from any
initiating, negotiating,
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:
COUNTY
CONTRACTOR
Megan Andersson, Director ed Mane mane Ic ic '
aricopa County Anima: Care an ontro
Paw Placement Animal : Rescue 2500 South 27" Avenue
PMB 769 Phoenix, Arizona 85009
Fax: (602) 506-2739
3370 N. Hayden Road, #123
Scottsdale, Arizona 85251
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.
XVII- SEVERABILITY
of this Contract that is determined to be invalid, void, or illegal by a court shall in no
Any provision
invalidate other provision hereof, and the remaining provisions shall remain
way affect, impair or any
in full force and effect.
IN WITNESS WHEREOF we have hereunto set our hands this day of, ,20__.
MARICOPA COUNTY
CONTRACTOR
Chairman, Board of Supervisors
Megan Andersson
President/Director
Paw Placement Anima! Rescue
APPROVED AS TO FORM ATTEST
By: By:
Clerk of the Board of Supervisors
Attorney for Board of Supervisors
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