PAW PROMISE.PDF

GENERAL SERVICES CONTRACT
New Hope General Program
and entered into by and between Maricopa County, administered by
This CONTRACT made collectively referred to
Animal Care and Control Department (Department)
Maricopa County 501(C)3 corporation, 12050 W.
“COUNTY” and Paw Promise Animal Rescue, a
hereinafter as “CONTRACTOR”, County and
Sun City, Arizona 85373, referred to hereinafter as
Carlota Lane,
be referred to collectively as “Parties” and individually as “Party.”
Contractor may
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
reduce the number of animals that are euthanized within its
WHEREAS, County wishes to
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.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE. TERM
October 1, 2017 and expire on September 30, 2020 unless terminated
This Contract shall commence This Contract is effective when
herein or further extended in accordance herewith.
earlier as provided
executed by the Parties.
ARTICLE H- RENEWAL/AMENDMENT
written amendment executed by the
This Contract be renewed for one (3) three-year period by a
may shall be in writing and signed by authorized signers for both
Parties. All Amendments to this Contract
Parties.
H - it
between the Parties and it may not be modified, amended,
This document contains the entire Contract
through a written amendment signed by the Parties.
altered or extended except
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A. DUTIES OF COUNTY
in its sole discretion allow Contractor, under the New Hope Program, to assume
1. County may
for animals as an alternative to adoption, (‘New Hope selection”) when these
responsibility
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
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.
bo The reserves the right to deny the placement of an animal for any social behavior issue
. County
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
from date of vaccination to each dog three months of age or older and the completed rabies
vaccination certificate at no cost to Contractor.
shall provide the initial license transfer to initial new owner within the Contractor’s
County
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 hold one or more Contractor meetings in an annual period.
the Contractor facility annually or on a more frequent basis as the
County may inspect
in its sole discretion deems necessary. County shall provide a minimum of 12
County
(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 may jeopardize the health and safety of the animals.
sanitary
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.
imposed by the County shall remain in effect unless and until
10. A temporary suspension
into compliance or until County enters a permanent order after notice and
Contractor comes
an opportunity for hearing.
11. Contractor shall be informed in writing of the reason for temporary suspension upon issuance
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
does not warranty any medical or behavior problems,
temperament and behavior. County
illnesses that were not detected or that may arise with an animal.
complications, and/or
of transferred animals within seven days of transfer at no charge
13. County will accept returns 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
1. Contractor including representatives, agents, time of
with their picture and shall present their identification card at
identification card
animal release and upon demand by the County.
business with County from two hours prior to opening of the shelters
Contractor shall conduct
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
Risk List”). The Contractor may request that the County pull an
issues (“At of animal from the At Risk
At Risk List. However, the Contractor must take delivery any
List within twenty-four (24) hours of the request.
for the cost and maintenance of all
Contractor shall assume full and sole responsibility
received from County, including but not limited to the following:
New Hope selections
a. Additional necessary vaccinations
clinics of Contractor’s choice shall be at the expense
b. Sexual sterilization at the veterinary
Sexual sterilization of each animal shall be performed immediately
of the Contractor.
of the animal and prior to its release to the final adopter. In the case
upon gaining control sterilization for medical
compromised animals that prevents the immediate
of medically
sexual sterilization shall be performed as soon as medically possible;
reasons,
Appropriate veterinary care for any illness or injury; and
c.
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
transfer of the animal to the new owner and provide County with new
license and ownership
address, home phone number, alternate phone
owner’s information including: name,
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.
a. Status of ownership 3 of 7
Page

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 performance
of this Contract at the address listed on this Contract. These records shail include:
The location of each animal and the address or the persons responsible for their care.
a.
Records and books shall be made available for inspection and audit by County for a
b.
period of not less than three (3) years from the date the service is rendered.
shall all bites to County and quarantine any animal in accordance with
9. Contractor report
Arizona Revised Statutes § 11-1014 (E).
shall make and all premises where animals are maintained available for
10. Contractor any
inspection by County upon twelve (12) hours-notice.
shall conduct themselves in a professional and courteous mannet at all times when
11. Contractor
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.
will that when a concern arises that the County will be the first point of
12. Contractor ensure
toward resolution of the issue. Harassment directed at or about any County
contact
employees or volunteers in any forum, print or in person will not be tolerated.
that during and after their status as a New Hope partner they shall not
13. Contractor agrees
disclose confidential or sensitive information that Contractor learns about County, including
information about specific animals’ medical, behavioral, or other records, including personal
information about County employee; the identity or personal information of
identifying any
a foster, adopter, or potential adopter.
14, Contractor to submit to a County compliance review of this Contract annually.
agrees
T = T
shall be responsible for any costs incurred by the other Party in the performance of
Neither Party
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
shall be considered an employee(s) of Maricopa County and shall not be entitled to
and agents, not
benefits associated with regular employment, and will not be subject to the provisions of
receive any
the Maricopa County Employee Merit System.
ARTICLE COMPLIANCE VU - WITH ALL LAWS
shall comply with all federal, state and local laws, rules, regulations, and professional
Contractor
limitation to those designated within this Contract. The laws and regulations of
standards, without
shall the rights of the parties, the performance of this Contract and any disputes
Arizona govern
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hereunder. Any action relating to this Contract shall be brought in the appropriate Arizona court. Any
in the rules and regulations during the terms of this Contract shall apply, but do not require
changes
an amendment.
—K-VI 1 T 0 0
Contractor warrants that they are in compliance with A.R.S. § 41-4401 and further
acknowledges:
That they and their subcontractors, if any, warrant their compliance with all federal
(1)
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
contractor or subcontractor employee who works on the contract to ensure that
any
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.
X-IND I j
Contractor shall indemnify, defend and hold harmless Maricopa County, its officers, departments,
and agents from and against any and all claims, actions, liabilities, damages, losses or
employees
(including court costs, attorneys’ fees and costs for claim processing, investigation and
expenses
litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death),
loss damage to tangible or intangible property caused, or alleged to be caused, in whole or in
or or
the negligent or willful acts or omissions of the Contractor or any of its directors, officers,
part, by
subcontractors. This indemnity includes any claim or amount arising out of or
agents or employees 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
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising
specific
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such
solely
Contractor from and against any and all claims. It is agreed that such Contractor will be responsible
for loss investigation, defense and judgment costs where this indemnification is applicable.
primary
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,
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
$2,000,000
The policy shall include coverage for premises liability, bodily injury, broad form property
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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 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.
I - NON- E
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.
= -WAI
The failure of either Party to insist in any one or more instances upon the full and complete
performance of of the terms and conditions of this Contract to be performed on the part of the
any
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.
T eX - T
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
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drafting or creating the Contract on behalf of the County from any
initiating, negotiating, securing,
other Party to the Contract arising as the result of the Contract.
ARTICLE XV — NOTICE
for herein shall be in writing and sent by USPS mail, and/or email, and/or
All notices provided
facsimile to the Parties at the following addresses:
COUNTY
CONTRACTOR .;
Mary Martin, Director
Alyssa Beauchamp Maricopa County Animal Care and Control
Paw Promise : Animal . Rescue 7500 South 27" Avenue
12050 W. Carlota Lane Phoenix, Arizona 85009
Fax: (602) 506-2739
Sun City, Arizona 85373
XVI - ISRAEL BOYCOTT
certifies that they are not currently engaged in, and agrees for the
Per House Bill 2617 Contractor
duration of the Contract to not engage in, a boycott of Israel.
XVII_- SEVERABILITY
that is determined to be invalid, void, or illegal by a court shall in no
Any provision of this Contract
invalidate other provision hereof, and the remaining provisions shall remain
way affect, impair or any
in full force and effect.
mM
have hereunto set our hands this 4 day of, SPAT ,20\7
IN WITNESS WHEREOF we
MARICOPA COUNTY
CONTRACTOR
nn
By: By:
Chairman, Board of Supervisors
Alyssa Beauchamp
President/Director
Paw Promise Animal Rescue
APPROVED AS TO FORM ATTEST
By: By:
Clerk of the Board of Supervisors
Attorney for Board of Supervisors
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