PAWS AND CLAWS.PDF

GENERAL SERVICES CONTRACT
New Hope General Program
made and entered into by and between Maricopa County, administered by
This CONTRACT collectively referred to
County Anima! Care and Control Department (Department)
Maricopa and Paws and Claws Pet Fostering, a 501(C)3 corporation, 2110 W. Tonto
hereinafter as “COUNTY”
referred to hereinafter as “CONTRACTOR”. County and Contractor
Lane, Phoenix Arizona 85027,
be referred to collectively as “Parties” and individually as “Party.”
may
of the mutual promises and covenants herein contained, the parties agree as
For and in consideration
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
reduce the number of animals that are euthanized within its
WHEREAS, County wishes to
transferring animals to the care and custody of New Hope contractors;
facilities; by
provide shelter and care to homeless animals as an alternative
WHEREAS, New Hope participants
to adoption;
facilities and experience to maintain these animals
WHEREAS, Contractor has the personnel,
until a home is found for each animal.
NOW, THEREFORE, the parties hereto agree as follows:
T -T
October I, 201 7 and expire on September 30, 2020 unless terminated
This Contract shal] commence is effective when
herein or further extended in accordance herewith, This Contract
earlier as provided
executed by the Parties.
ARTICLE U- RENEWAL/AMENDMENT
period by a written amendment executed by the
This Contract may be renewed for one (3) three-year
this Contract shall be in writing and signed by authorized signers for both
Parties. All Amendments to
Parties.
IL- T. T
the entire Contract between the Parties and it may not be modified, amended,
This document contains
extended except through a written amendment signed by the Parties.
altered or
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A. DUTIES OF COUNTY
in its sole discretion allow Contractor, under the New Hope Program, fo assume
I. County may
for animals as an alternative to adoption, (“New Hope selection”) when these
responsibility
have been deemed not ready for adoption due to medical or behavioral issues and have
animals
been held the period prescribed by law or have been available to the public for adoption
by
of time deemed appropriate by Maricopa County Animal Care and Control,
for a period
hereinafter “MCACC” and have not been adopted or cannot be kept by MCACC
referred to as
any longer.
the right to deny the placement of an animal for any social behavior issue
tN _ The County reserves
deemed by the County a threat to public health or safety.
shall provide a no cost dog license with two (2) permanent tags, good for one year
County
date of vaccination to each dog three months of age or older and the completed rabies
from
vaccination certificate at no cost to Contractor.
shall the initial license transfer to initial new owner within the Contractor’s
County provide
initial license at no cost to Contractor or new owner. License and ownership transfers
year
shall be reported to the County through use of the established online system within 15 days
of new owner adoption.
offer medical or neuter for select animals released to Contractor. The fee
County may spay
is set by the County and requires full cost recovery.
County shall hoid one or more Contractor meetings in an annual period.
the Contractor facility annually or on a more frequent basis as the
County may inspect
discretion deems County shall provide a minimum of 12
County in its sole necessary.
(twelve) hours’ notice prior to any inspection.
shall animals from Contractor upon inspection when Contractor has not
County remove
food, medical resources, housing, confinement, or when poor
adequately provided proper
conditions exist that jeopardize the health and safety of the animals.
sanitary may
this contract without notice and in its sole discretion if the
County may temporarily suspend
County determines that:
The Contractor is non-compliant with the provisions of this Contract;
a.
b. The health and safety of an animal in the care of the Contractor is in jeopardy.
by the County shall remain in effect unless and until
10. A temporary suspension imposed
into compliance or until County enters a permanent order after notice and
Contractor comes
an opportunity for hearing.
shall be informed in writing of the reason for temporary suspension upon issuance
Ll. Contractor
and Contractor shall have five (5) business days to respond in writing from
of the suspension
the date of the notice.
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the condition of any animal, its age, health, or
12. County does not guarantee or warranty behavior problems,
does not warranty any medical or
temperament and behavior. County with an animal.
illnesses that were not detected or that may arise
complications, and/or
animals within seven days of transfer at no charge
13. County will accept returns of transferred unless the fee is waived
Owner Surrender fee will apply after day seven
to the Contractor. An
at the discretion of the County.
B. DUTIES OF CONTRACTOR
and employees shall carry an Arizona State
1. Contractor including representatives, agents, identification card at time of
card with their picture and shall present their
identification
animal release and upon demand by the County.
from two hours prior to opening of the shelters
Contractor shall conduct business with County
to the general public until closing.
animals at risk of euthanasia due to medica! or behavioral
The County maintains a list of animal from the
request that the County pull an
issues (“At Risk List”). The Contractor may 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
shall assume full and sole responsibility
Contractor including but not limited to the following:
selections received from County,
New Hope
a. Additional necessary vaccinations
of Contractor’s choice shall be at the expense
b. Sexual sterilization at the veterinary clinics immediately
sterilization of each animal shall be performed
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
compromised animals that prevents
of medically soon as medically possible;
sexual sterilization shall be performed as
reasons,
veterinary care for any illness or injury; and
c. Appropriate
of a licensed veterinarian when
Euthanasia performed by or under the supervision
d.
necessary to prevent suffering.
for animals with social behavior
Provide behavioral modification training as necessary
e.
issues,
Contractor shall complete
days of adopting an animal to a new owner,
Within fifteen (15) and provide County with new
transfer of the animal to the new owner
license and ownership number, alternate phone
including: name, address, home phone
owner’s information
number and email address, if available.
the 15" of the month, the following information for
Contractor shall provide the County by
received from County during the previous month.
all animals
a, Status of ownership Page 3 of 7

out animal that has not been sterilized.
7. Contractor shall not adopt any
books and records concerning its performance
8. Contractor shall keep and maintain complete include:
address listed on this Contract. These records shall
of this Contract at the
the responsible for their care.
location of each animal and the address or persons
a. The
available for inspection and audit by County for a
b. Records and books shall be made
from the date the service is rendered.
period of not less than three (3) years
animal in accordance with
shall all bites to County and quarantine any
9. Contractor report
Arizona Revised Statutes § 1 1-1014 (BE).
maintained available for
make and all premises where animals are
10. Contractor shall any
inspection by County upon twelve (12) hours-notice.
and courteous manner at all times when
shall conduct themselves in a professional
11. Contractor and customers. Contractor
with County, its officers, departments, employees, agents
dealing of the County or fail to comply with the procedures
shall not interfere or disrupt the functions
established by County.
that the County will be the first point of
12. Contractor will ensure that when a concern arises County
issue. Harassment directed at or about any
contact toward resolution of the
in forum, print or in person will not be tolerated.
employees or volunteers any
after their status as a New Hope partner they shall not
13. Contractor agrees that during and about County, including
sensitive information that Contractor learns
disclose confidential or other records, including personal
animals’ medical, behavioral, or
information about specific personal information of
about County employee; the identity or
identifying information any
a foster, adopter, or potential adopter.
review of this Contract annually.
14. Contractor agrees to submit to a County compliance
ARTICLE V—NO COST CONTRACT
incurred by the other Party in the performance of
Neither Party shall be responsible for any costs
its duties and obligations under this Contract.
ARTICLE VI-IN DEPENDENT CONTRACTOR
contractor and Contractor, including employees
The status of Contractor shall be that of an independent and shall not be entitled to
shall not be considered an employee(s) of Maricopa County of
and agents, and will not be subject to the provisions
benefits associated with regular employment,
receive any
the Maricopa County Employee Merit System.
COMPLIANCE WITH ALL LAWS
ARTICLE. VIL-
and local laws, rules, regulations, and professional
Contractor shall comply with all federal, state laws and regulations of
designated within this Contract. The
standards, without limitation to those of this Contract and any disputes
shall the rights of the parties, the performance 4 of 7
Arizona govern Page

shall be brought in the appropriate Arizona court. Any
hereunder, Any action relating to this Contract shall apply, but do not require
during the terms of this Contract
changes in the rules and regulations
an amendment.
E-VERIF ICATION OF EMPLOYEES
ARTICLE VII
with ARS. § 41-4401 and further
warrants that they are in compliance
Contractor
acknowledges:
warrant their compliance with all federal
(1) That they and their subcontractors, if any, and their compliance
laws and regulations that relate to their employees
immigration record of the verification for the
23-214, subsection A and shall keep a
with A.R.S. § whichever is longer;
employment or at least three years,
duration of the employee's
subsection 1 above, shall be deemed a material
(2) That a breach of a warranty under termination of the
contract that is subject to penalties up to and including
breach of the
contract;
retains the legal right to inspect the papers of
(3) That the contracting government entity the contract to ensure that
subcontractor employee who works on
any contractor or with the warranty provided under
the contractor or subcontractor is complying
to make all papers and employment
subsection 1 above and that the contractor agrees in order to
available during normal working hours
records of said employee(s)
facilitate such an inspection.
contractor or subcontractor an agent or
That nothing herein shall make any
(4)
of the contracting government entity.
employee
ARTICLE 1X - INDEMNIFICATION
harmless Maricopa County, its officers, departments,
shall indemnify, defend and hold losses or
Contractor and all claims, actions, liabilities, damages,
and agents from and against any investigation and
employees fees and costs for claim processing,
(including court costs, attorneys’ injury (including death),
. expenses “Claims”) for bodily injury or personal
litigation) (hereinafter referred to as to be caused, in whole or in
intangible property caused, or alleged
or loss or damage to tangible or of its directors, officers,
omissions of the Contractor or any
part, by the negligent or willful acts or claim or amount arising out of or
This indemnity includes any
agents or employees or subcontractors. out of the failure of such contractor to
recovered under the Workers’ Compensation Law or arising decree. It is the
ordinance, rule, regulation or court
conform to federal, state or local law, statute, for Claims arising
that the Indemnitee shall, in all instances, except
specific intention of the parties Indemnitee, be indemnified by such
willful acts or omissions of the
solely from the negligent or that such Contractor will be responsible
and all claims. It is agreed
Contractor from and against any this indemnification is applicable.
defense and judgment costs where
for primary loss investigation,
ARTICLE. X - INSURANCE
insurance and, if necessary,
Commercial General Liability (CGL)
General Liability. Jess than $1,000,000 for each occurrence,
Umbrella insurance with a limit of not Limit.
Commercial and $2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate, broad form property
for premises liability, bodily injury,
The policy shall include coverage
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operations and blanket contractual coverage, and
damage, personal injury, products and completed
which would serve to limit third party action over claims. There
shall not contain any provisions of for liability
modifications of the CGL limiting the scope coverage
shall be no endorsement or
arising from explosion, collapse, or underground property damage.
insurance with a combined single limit for bodily injury
Automobile Liability. Automobile Liability
each occurrence with respect to any of the
and property damage of not less than $100,000/$300,000
non-owned vehicles assigned to or used in performance of the
Lessee’s owned, hired, and
maintenance of the Premises under this Contract.
Contractor’s work or services or use or
Workers’ Compensation insurance to cover obligations imposed by
Workers’ Compensation. engaged in the
federal and state statutes having jurisdiction of Contractor’s employees
services under this Contract; and Employer’s Liability insurance of not
performance of the work or
for each accident, $1,000,000 disease for each employee, and
less than $1,000,000
$1,000,000 disease policy limit.
ARTICLE XI - NON-ASSIGNMENT
this Contract without prior written consent of the County. Any
This Contractor may not assign shall
of this Contract without the prior written consent of County
assignment or attempted assignment shall be binding
in writing to an assignment this Contract, the Contract
be void. If the County agrees
and all successors and assigns of Contractor.
on any
ARTICLE XI. NON-WAIVER
to insist in any one or more instances upon the full and complete
The failure of either Party the of the
of the terms and conditions of this Contract to be performed on part
performance of any shall not be construed as a waiver or
other, or to take any action permitted as a result thereof,
insist full and complete performance of the same, or any other
relinquishment of the right to upon
condition, either in the past or in the future.
covenant or
ARTICLE XU] - TERMINATION
at time by giving 30 days written notice to the other
Either Party may terminate this Contract any
date. termination of this Contract all property of County
Party and by specifying the effective Upon
records and forms shall remain the property of County
in the possession of Contractor, including
terminate this Contract immediately when
and shall be returned immediately to County. County may
animal is in jeopardy because of the actions or inactions of
the life, health or safety of any
Contractor.
TERMINATION FOR CONE LICT OF INTEREST
ARTICLE XLV -
A.RS. §38-511 the County may cancel this Contract without penalty
Notice is given that pursuant to
within three after execution of the contract, if any person significantly
or further obligation years behalf of the
securing, drafting or creating the Contract on
involved in initiating, negotiating,
extension of the Contract is in effect, an employee
County is at any time while the Contract or any of the
to the Contract in any capacity or consultant to any other Party
or agent of any other Party fo A.RS §38-511
with to the subject matter of the Contract. Additionally, pursuant
Contract respect involved in
fee or commission paid or due to any person significantly
the County may recoup any
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the Contract on behalf of the County from any
negotiating, securing, drafting or creating
initiating,
the Contract arising as the result of the Contract.
other Party to
ARTICLE XV — NOTICE
USPS mail, and/or email, and/or
for herein shall be in writing and sent by
All notices provided
facsimile to the Parties at the following addresses:
COUNTY
CONTRACTOR Martin, Director
Mary Animal Care and Control
Nancy Hobbs-Ekberg Maricopa County
and Claws Pet Fostering . 3500 South 27" Avenue
Paws
Phoenix, Arizona 85009
2110 W. Tonto Lane
Fax: (602) 506-2739
Phoenix, Arizona 85027
XVI —- ISRAEL BOYCOTT
currently engaged in, and agrees for the
Bill 2617 Contractor certifies that they are not
Per House of Israel.
duration of the Contract to not engage in, a boycott
ANA XVII ee - SEVERABILITY
be invalid, void, or illegal by a court shall in no
of this Contract that is determined to shall remain
Any provision hereof, and the remaining provisions
affect, impair or invalidate any other provision
way
in full force and effect.
hands this day of. , 20
WHEREOF we have hereunto set our
IN WITNESS
MARICOPA COUNTY
CONTRACTOR
By:
Chairman, Board of Supervisors
Nancy) Hobbs-Ekberg
President/Director
Paws and Claws Pet Fostering
ATTEST
APPROVED AS TO FORM
By:
By:
Clerk of the Board of Supervisors
Attorney for Board of Supervisors
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