HOOF AND PAW.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 Hoof and Paw Rescue Inc., a 501(C)3 corporation, 6202 E. Dixileta
Drive, Cave Creek, Arizona 85331, 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 eutbanized 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:
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This Contract shall commence October 1, 2017 and expire on September 30, 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/A1VIENDMENT
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.
ARTICLE In - 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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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
1. Contractor including representatives, agents, and employees shall carry an Arizona State
identification card with their picture and shalt 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
b. 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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hereunder. Any action 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.
ARTICLE WIT — E- VERIFICATION OF EMPLOYEES
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.
ARTICLE IX - INDEMNIFICATION
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 lndemnitee, 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.
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,
$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
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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.
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
Yvette Molina Mary Martin, Director
Maricopa County Animal Care and Control
Hoof and Paw Rescue Inc. 2500 South 27th Avenue
6202 E. Dixileta Drive Phoenix, Arizona 85009
Cave Creek, Arizona 85331 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.
XVII - 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
CONTRACTOR MARICOPA COUNTY
By: By:
Y‘elUe Molina Chairman, Board of Supervisors
President/Director
Hoof and Paw Rescue Inc.
APPROVED AS TO FORM AI FEST
By: By:
Attorney for Board of Supervisors Clerk of the Board of Supervisors
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