AZ SHELTIE.PDF

Maricopa County — Formal (2017-09-20)

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GENERAL SERVICES CONTRACT
New Hope General Program
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” and Arizona Sheltie Rescue Inc., a 501(C)3 corporation, 116 N. Pioneer
Street, Gilbert, Arizona 85233, 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 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:
ARTICLE I- TERM
This Contract shall commence September 1, 2017 and expire on August 31, 2020 unless terminated
earlier as provided herein or further extended in accordance herewith. This Contract is effective
when executed by the Parties.
ARTICLE H- RENEWAL/AMENDMENT
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 UL - 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.
Page 1 of 7

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 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 for a period of time deemed appropriate by Maricopa County Animal Care and
Control, referred to hereinafter as “MCACC” and have not been adopted or cannot be kept
by MCACC any longer.
The County reserves the right to deny the placement of an animal for any social behavior
issue deemed by the County a threat to public health or safety.
County shall provide a no cost dog license with two (2) permanent tags, good for one year
from date of vaccination to each dog three months of age or older and the completed
rabies vaccination certificate at no cost to Contractor.
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 reported to the County through use of the established online
system within 15 days of new owner adoption.
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.
County shall hold one or more Contractor meetings in an annual period.
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.
County shall remove animals from Contractor upon inspection when Contractor has not
adequately provided proper food, medical resources, housing, confinement, or when poor
sanitary conditions exist that may jeopardize the health and safety of the animals.
County may temporarily suspend this contract without notice and in its sole discretion if the
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 jeopardy.
10. A temporary suspension imposed 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 hearing.
I. Contractor shall be informed in writing of the reason for temporary suspension upon
issuance of the suspension and Contractor shall have five (5) business days to respond in
writing from the date of the notice.
Page 2 of 7

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 shall present their identification card at time of
animal release and upon demand by the County.
Contractor shall conduct business with County from two hours prior to opening of the
shelters to the general public until closing.
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.
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 shali 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.
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.
Contractor shall provide the County by the 15" of the month, the following information
for all animals received from County during the previous month.
Page 3 of 7

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 performance
of this Contract at the address listed on this 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 for inspection and audit by County for a
period of not less than three (3) years from the date the service is rendered.
9, Contractor shall report all bites to County and quarantine any animal in accordance with
Arizona Revised Statutes § 11-1014 (E).
10. Contractor shall make any and all premises where animals are maintained available for
inspection by County upon twelve (12) hours-notice.
11. Contractor shall conduct themselves in a professional and 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 be tolerated.
13. Contractor agrees that during and after their status as a New Hope partner they shall 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, adopter, or potential adopter.
14. Contractor agrees to submit to a County compliance review of this Contract annually.
L = T. T
Neither Party shall be responsible for any costs incurred by the other Party in the performance of
its duties and obligations under this Contract.
ARTICLE V1- INDEPENDENT CONTRACTOR
The status of Contractor shall be that of an independent contractor and Contractor, including
employees and agents, shall not be considered an employee(s) of Maricopa County and shall not be
entitled to receive any benefits associated with regular employment, and will not be subject to the
provisions of the Maricopa County Employee Merit System.
L- L D L
Contractor shall comply with all federal, state and local laws, rules, regulations, and professional
Page 4 of 7

standards, without limitation to those designated within this Contract. The laws and regulations of
Arizona shall govern the rights of the parties, the performance of this Contract and any disputes
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.
— ie 4
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 JX - INDEMNIKICATION
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 Indemnitee, 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.
AR -I
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,
Page 5 of 7

$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
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.
- NON-A,
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.
R’ 0 - -
The failure of either Party to insist in any one or more instances upon the full and complete
performance of any of the terms and conditions of this Contract to be performed on the part of the
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.
FE XU -
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 shal] 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 - TERMI FOR CONE F 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
Page 6 of 7

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 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
Mary Martin, Director
Bill Ferrell
Maricopa C Animal Care and Control
Arizona ’ Sheltie . Rescue, Inc. — an
5	1	5	2	2	8	1903	1064	101	22	15.791712	SEY
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5	1	5	2	3	2	457	1157	40	31	92.570702	N.
5	1	5	2	3	3	511	1155	134	33	96.703445	Pioneer
5	1	5	2	3	4	657	1156	101	31	96.245773	Street
5	1	5	2	3	5	1420	1159	150	38	96.420219	Phoenix,
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5	1	5	2	4	1	382	1223	131	39	96.612144	Gilbert,
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5	1	8	1	1	2	456	1485	111	30	96.812157	House
5	1	8	1	1	3	586	1482	59	32	96.077988	Bill
5	1	8	1	1	4	664	1483	86	32	96.663651	2617
5	1	8	1	1	5	768	1483	189	31	96.404305	Contractor
5	1	8	1	1	6	973	1482	139	32	95.863747	certifies
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5	1	8	1	1	13	1781	1479	42	39	96.361382	in,
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5	1	8	1	2	4	653	1534	151	32	96.976410	Contract
5	1	8	1	2	5	816	1538	33	27	96.924957	to
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5	1	8	1	2	7	930	1543	122	31	96.619347	engage
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4	1	10	1	3	0	382	1826	536	33	-1	
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5	1	15	1	1	2	439	1959	187	32	93.241631	WITNESS
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5	1	15	1	1	11	1588	1956	61	41	95.992126	day
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5	1	15	1	1	13	2007	1981	7	9	36.520191	,
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4	1	15	1	2	0	381	2085	1434	80	-1	
5	1	15	1	2	1	381	2085	291	48	95.608925	CONTRACTOR
5	1	15	1	2	2	924	2116	34	49	65.849983	/
5	1	15	1	2	3	1399	2088	226	31	96.592552	MARICOPA
5	1	15	1	2	4	1637	2087	178	31	95.436806	COUNTY
4	1	15	1	3	0	380	2224	1081	105	-1	
5	1	15	1	3	1	380	2274	58	39	96.652779	By:
5	1	15	1	3	2	662	2224	59	83	89.099144	J
5	1	15	1	3	3	729	2252	51	28	62.289967	a
5	1	15	1	3	4	1405	2272	56	57	97.000954	By:
3	1	15	2	0	0	437	2334	1591	41	-1	
4	1	15	2	1	0	437	2334	1591	41	-1	
5	1	15	2	1	1	437	2338	60	32	96.428421	Bill
5	1	15	2	1	2	515	2337	111	33	95.443901	Ferrell
5	1	15	2	1	3	1457	2335	182	38	96.909203	Chairman,
5	1	15	2	1	4	1653	2334	108	32	96.289772	Board
5	1	15	2	1	5	1774	2334	40	32	96.804237	of
5	1	15	2	1	6	1823	2334	205	41	96.565620	Supervisors
2	1	16	0	0	0	434	2388	490	84	-1	
3	1	16	1	0	0	434	2388	490	84	-1	
4	1	16	1	1	0	435	2388	325	33	-1	
5	1	16	1	1	1	435	2388	325	33	91.139702	President/Director
4	1	16	1	2	0	434	2440	490	32	-1	
5	1	16	1	2	1	434	2440	143	32	96.686111	Arizona
5	1	16	1	2	2	590	2440	119	32	95.683586	Sheltie
5	1	16	1	2	3	723	2441	126	31	96.091614	Rescue
5	1	16	1	2	4	861	2440	63	31	96.091614	Inc.
2	1	17	0	0	0	380	2571	1206	35	-1	
3	1	17	1	0	0	380	2571	1206	35	-1	
4	1	17	1	1	0	380	2571	1206	35	-1	
5	1	17	1	1	1	380	2574	229	32	96.238838	APPROVED
5	1	17	1	1	2	621	2574	54	30	96.181442	AS
5	1	17	1	1	3	689	2573	58	31	96.072952	TO
5	1	17	1	1	4	761	2573	121	31	96.072952	FORM
5	1	17	1	1	5	1418	2571	168	31	91.328583	ATTEST:
2	1	18	0	0	0	451	2818	646	6	-1	
3	1	18	1	0	0	451	2818	646	6	-1	
4	1	18	1	1	0	451	2818	646	6	-1	
5	1	18	1	1	1	451	2818	646	6	95.000000	 
2	1	19	0	0	0	1452	2830	666	5	-1	
3	1	19	1	0	0	1452	2830	666	5	-1	
4	1	19	1	1	0	1452	2830	666	5	-1	
5	1	19	1	1	1	1452	2830	666	5	95.000000	 
2	1	20	0	0	0	379	2782	1666	110	-1	
3	1	20	1	0	0	379	2782	1666	110	-1	
4	1	20	1	1	0	379	2782	1071	48	-1	
5	1	20	1	1	1	379	2782	59	48	96.384224	By:
5	1	20	1	1	2	1392	2798	58	31	96.190338	By:
4	1	20	1	2	0	1420	2808	30	30	-1	
5	1	20	1	2	1	1420	2808	30	30	54.121853	ys
4	1	20	1	3	0	453	2847	1592	45	-1	
5	1	20	1	3	1	453	2852	154	40	96.646667	Attorney
5	1	20	1	3	2	620	2850	51	32	96.810295	for
5	1	20	1	3	3	681	2850	108	32	96.227097	Board
5	1	20	1	3	4	802	2850	40	32	96.881165	of
5	1	20	1	3	5	850	2849	203	42	96.708466	Supervisors
5	1	20	1	3	6	1448	2848	96	32	96.868164	Clerk
5	1	20	1	3	7	1557	2847	41	33	96.951790	of
5	1	20	1	3	8	1604	2847	54	33	96.874046	the
5	1	20	1	3	9	1670	2847	107	32	96.729179	Board
5	1	20	1	3	10	1790	2847	41	32	96.729179	of
5	1	20	1	3	11	1840	2847	205	41	96.297813	Supervisors
2	1	21	0	0	0	1969	3024	195	38	-1	
3	1	21	1	0	0	1969	3024	195	38	-1	
4	1	21	1	1	0	1969	3024	195	38	-1	
5	1	21	1	1	1	1969	3025	83	37	96.576111	Page
5	1	21	1	1	2	2066	3025	19	29	94.808716	7
5	1	21	1	1	3	2097	3024	37	31	96.819008	of
5	1	21	1	1	4	2145	3025	19	29	96.819008	7
500