FUREVER FRIENDS.PDF

GENERAL SERVICES CONTRACT
New Hope General Pro
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" i Furever Friends Rescue, a 501(C)3 ri 4 ,10 Po Iix2ll 5,
M Arizona 85277, referred to er as 'CONTRACTOR'. County Contractor may be
to collectively as "Parties' ii individually as 'Part
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
euthanined after held by the 1 . '1 prescri r 6,m by Jaw;
WHEREAS, C wishes to reduce the narnber 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:
A V 111 141 id
This Contract shall commence October 1, 2017 and expire on September 30, 2020 unless
terminated earlier as provided herein or farther extended in accordance herewith_ This Contract is
effective when executed by the Parties.
ARTICLE II- RENEWAL/AMENDMENT
This Contract renewed for one (3) three-year t by a written executed
the Parties. All Amendments to this COil I be in writin and si r' by orized signers for
both Parties.
ARTICLE HI - ENTIRE CONTRACT
This document contains the entire Contract between the Parties and it not be mx IFIU r
amended,, altered or extended except through a written amendincvn si 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 $ -4..1 I L. F „ ,,o , for .4$ to4 too $FF FF to • olo ir: Cr Pp.& olvioral issues n illi
have been IFFk.1 by the lok t I F7J1F& fry LSW or . . • ' 4J - to the public for
a on for a 41 of tine $ - . $ .1 bY,, 1$ • $ -... County Aninid Care Eir
Control, referred to hereinafter as "MCACC” and have not been adopted or cannot be kept
by MCACC any ion
2. The County reSeffeS the right to IF the p $.1$ •rit of an fee any social
issue by the County a threat to public F 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 • o$,, three mouths of age or older F1F the iF iFletwu
rabies vaccination •., • O ,or,1 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 $4,4" to the County *rook: $ use of the established
system within 15 days of new owner • • on.
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 - 1 ,1 11 t one or mrme Corn warm meetings in an annual II. • .1
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.
S. County shall WIDOW animalk horn Contractor uIFIF inspection when Contractor has o o
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 tear this contract without notice and in its sole discretion if me
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 j
10. A temporary suspension im 4 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 hearin
H _ COntraCteli 'shall he infix I $,1 wailin of the reason for remporan KBE WWI
issuance f the suspension and Contractor shall have five (5) business L ys 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 ical or vior ,11 1•1 MI5
complications„ andfor illInesses that were not detected or 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 discretion oldie Conn
B. DUTIES OF CONTRACTOR
1. Contractor including representatives, agents, and employees shall carry an Arizona State
identification card with their picture shall present their identification card at time of
animal release and upon 1 I 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 t.- u 1 la due to tical or
issues At Risk Lisr). 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 shaft assume full and sole responsibility for the cost t 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 C ,1„1,1 , 1 I be alt
expense of the Contractor.. Sexual sterilization of each animal II be perf
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 1 utical reasons, sexual sterilization shall be perfonmed as soon as
medically possible;
c. Appropriate veterinary care for any illness or injury; and
d. Parf B2E1 the DKIIVISION V d I :40
necessary to "nevem ertrig,
e. Provide behavioral modification training as necessary for animals with social behavior
issues.
5. Within fifteen (15) days of ng an animal to a new owner, Con or shall 0 BD
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 . tress„ if available..
6.. Contractor vide the County by the 15a of the month, the fol win 1110111121110E
for all animals received from County during the previous month.
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a. Status of ownership
7. Contractor shall not out any animal that has not 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 shall include:
a. The loa.,s nvei animal and the persons regions -it 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 dale the service is rendered_
9. Contractor shall report all bites to County and quarantine any an on accordance
Arizona Revised Statutes § 11-1014(E).
10_ Contractor shall make any and all premises where animals are maintained available for
Invecuon by County upon twelve (12) hours-n• mice_
111. Contractor I conduct themselves in a Fo • ol I 14 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 he tolerated.
13. Contractor agrees during after their status as a New Hope partner 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„ i , or potential
14. Contractor agrees to submit to a County compliance review of this Contract annually.
ARTICLE V — NO COST CONTRACT
Party shall be responsible for any costs incanted by the other Party in the DO onmeare
its duties and oblisations under this Contract_
ARTICLE VI - INDEPENDENT CONTRACTOR
The stains of Contractor shall be that of an 1 1 I - I contractor and Contractor, ismA
employees and agents, shall not he considered an 4, loyee(s) of Mari PI o: County shall not
entitled to receive any benefits associated with regular employment, and will not be subject to the
provisions of the Marieopa County Employee Merit System_
4 1 A l Iti Patti* ',IASI 4, 1
Contractor shall comply with all federal, state and local laws, rules, regulations, and professional
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standards, without limitation to those designated within this Contract. The laws and regulations of
Arizona shall vem the rights of the parties„ the performance f this Contract and any disputes
hereunder. Any action relating to this Contract I be broorit in the appropriate Arizona court.
Any changes in the rules and regulations durin the terms of this Contract shall apply, but
require an amendment.
ARTICLE VIII— E-VERIFICATION OF EMPLOPM
Contractor Warrant; that they are in with AJtS..§ 411-4401 ma. further
acknowledges:
(1) That they and their subcontractors, if any, warrant their compliance with all federal
Muni :tion laws and regulations that relate to their employees their compliance
with AILS. § 23-214, subsection A shall keep a record of the verification for
duration of the employees employment or at least three years, whichever is Ion
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material
breach of the contract that is su HP to 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 varranty provin ffr under
subsection 1 above and that the contractor agrees to make all papers
employment records of said employee(s) available durin normal working hours in
order to facilitate such an inspection.
1143a01 an agent or
ARTICLE IX - INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless Maricopa County, its officers„
employees and agents from and inst any all claims, actions, liabilities, damages, losses or
expenses (including court costs, attorneys' fees and costs for claim processing, investigation and
liii tion) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death),
Of or... 104 dble ar - to be fw: i.t in w le or kr
pet, by the i willful acts or omissions or or any of its diteetots., ol me
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 hide-mitre sink in all instances, except for Claims ariiS '
solely from the negligent or wilifid acts or omissions of the Indemnitee„ he indemnified by
Contractor from and a inst 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.
ME X - lIKANCF
General Liability. Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $1,0(10,000 for each occurrence,
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$2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit_
The policy shall include coverage for premises liability„ ily injury, font' property
damage, personal injury, products comp b al I operations and blanket contractual covera
shall not contain any provisions which would serve to limit third action over claims_ There
shall be no endorsement or modifications of the COL limiting the scope of coverage for
liability arising from explosion, collapse, or underground property damage_
Ai I,' I, A ile Liability insurance , a comb` I WI r !LI limit for I tally
iniaffY property of not less jILJ. $100„ 3300,1 f ,a4,110ZZILTICOCC with respect to any
of the Lessee's owned, hired, and non-owned vehicles assi =.1 •io to or used in performance of the
Contractor's work or services or use or maintenance of the Premises under this Contract.
'Yorkers' Com ;.1, Workers' Como- insurance to cover fi im
ml and state statutes having jurisdiction of Contractor's employees en
performance of the work or services under this Contract and Employer's Liability insurance of
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit_
al IA' ONEVIE
This Contractor may not assign this Contract without prior written consent of the County. Any
assignment or attempted aasigrunent of this Contract without the prior written consent of Courtly
shall be void. If the County agrees in writin to an assignment this Contract„ the Contract shall at
binding on any and all successors and assi al of Contractor.
ARTICLE XII - NON-WAIVER
The failure of either Party insist in any our or MOM instances 11 I , the &ill kite
Pc i cc of any of the terms •F itions of this Contract to be ffrfoni. on the part of
other, or to take any action permitted as a result thereof, shall not he 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 r or in the failure.
ARTIMKPIT - TERMINATION
Either Party may terminate this Contract at any time by g 30 days written to the
Parry by apec4ing effective date, I Inc 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 MV - TERMINATION FOR CONFLI,CTLOEINTEREST
Notice is Li ven that pursuant to ifk-RS... §38-5 1111 County may cancel this Contract without
try or further 1' Iitn °I. 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 la Or coma' to any !la
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Party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.RS §38-51 1 the County may recoup any f or conunission " or due to any person
simificantly involved in initiating, negotiating, secarrin* d " or creating the Contract on
behalf of the County from any other Party to the Contract arising as the resuk of the Contract_
ARTICLE XV — NOTICE
ad notices provided for herein I be in w sent by USPS 11111)34„ and/or email,
facsimile to the Parties at the following addresses:
CONTRACTOR COUNTY
Nancy Babos Mary Martin, Director
Furever Friends Rescue u DERIG County Animal Care and Coo
2500 South 276 Avenue
PO Box 21865 Phoenix, Arizona 85009
Mesa, Arizona 85277 Fax (602) 506-2739
SRAEL YCXYTT
Per House Bill 2617 Contractor certifies that they are not currently engaged in, and agrees for the
duration of the Contract to not en in, a boycott of Israel.
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 iviimi 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_.
CONTRAC1OR 1V1MICOPA COUNTY
By;
Nancy Chairfilmt„ * of Supervisors
President/Director
Furever Friends Rescue
APPROVED AS TO FORM ATTEST:
By: By:
ttorney for Board of Supervisors Clerk of the i of Supervisors
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