HALO.PDF

GENERAL SERVICES CONTRACT
NEW HOPE GENERAL PROGRAM
This CONTRACT made and entered into by and between Maricopa County, hereinafter
referred to as "COUNTY" and HALO / Helping th Animals Live On, a 501(C)(3) corporation
(d.b.a. "HALO Animal Rescue"), 2500 S. 27 Ave., Phoenix, Arizona 85009, referred to
hereinafter as "CONTRACTOR".
For and in consideration of the mutual promises and covenants herein contained, the parties
agree as follows:
WITNESSETH
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; and
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 expire on June 30, 2017, unless terminated earlier as provided
herein or firther extended in accordance herewith.
ARTICLE U - 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.
ARTICLE III — SCOPE
A. DUTIES OF COUNTY
1. COUNTY may in its sole discretion allow CONTRACTOR, under the New Hope
Program, to assume responsibility for animals outside of its adoption requirements,
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.
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2. 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.
3. 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.
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 reported to the COUNTY
through use of the established online system or by a COUNTY approved
electronic flat file.
5. COUNTY may offer medical spay or neuter of animals at full cost recovery
released to CONTRACTOR. Fee is set by the County Board of Supervisors.
6. COUNTY shall hold one or more CONTRACTOR meetings in an annual period.
7. COUNTY shall establish criteria, known as Preferred CONTRACTOR, and make
available to CONTRACTOR. CONTRACTOR may apply for Preferred
CONTRACTOR status after completing three full years as a CONTRACTOR
under the New Hope Program. One full year is July to June.
8. COUNTY shall evaluate the Preferred CONTRACTOR application received from
the CONTRACTOR and retain sole decision on determining if criteria were met.
CONTRACTOR meeting criteria shall be deemed Preferred CONTRACTOR for
each consecutive year Preferred CONTRACTOR meets or exceeds established
criteria.
9. COUNTY shall inspect the CONTRACTOR facility as deemed necessary.
10. 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.
I L MCACC may temporarily suspend this CONTRACT as a result of an inspection or
non-compliance with the provisions of this CONTRACT until CONTRACTOR
comes into compliance or until COUNTY makes full determination in a formal,
public meeting. CONTRACTOR shall be informed in writing of the reason for
temporary suspension and shall be given five (5) business days to respond in writing
from the date of the notice.
12. COUNTY shall retain the right to suspend this CONTRACT when the animal's
health and safety are deemed in jeopardy by the COUNTY or when the
CONTRACTOR fails to stay in compliance with the provisions of this CONTRACT.
B. DUTIES OF CONTRACTOR
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1. CONTRACTOR including representatives, agents, employees shall be required
to attend mandatory New Hope training each calendar year prior to MCACC
releasing animals to the representative, agent, employee. Training will be
provided by MCACC at no cost and will be offered periodically, but not less than
twice a calendar year.
2. CONTRACTOR including representatives, agents, and employees shall carry an
Arizona State identification card with their picture and shall present their
identification card on demand. CONTRACTOR representatives, agents, and
employees shall present their identification card at time of animal release.
3. CONTRACTOR shall cause animals requested to be pulled from At Risk List to be
released from COUNTY within twenty-four (24) hours of the request.
4. CONTRACTOR agrees to pay the prevailing adoption fee for animals selected
through the Adoption Program. All Adoption Program processes and procedures
apply.
5. CONTRACTOR shall conduct business with COUNTY during normal adoption
hours at the full services facilities unless COUNTY waives set New Hope hours
for the benefit of COUNTY. Animals will not be released directly from retail
outlets or off-site events.
6. CONTRACTOR shall assume full and sole responsibility for the cost and
maintenance of the animals received from Maricopa County Animal Care and
Control facilities, 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.
7. CONTRACTOR shall report all bites to Maricopa County Animal Care and
Control and quarantine any animal in accordance with Arizona Revised Statutes § 11-
1014 (D).
8. CONTRACTOR shall notify COUNTY with new owner adopter information
including: name, address, home phone number, alternate phone number and email
address, if available, within fifteen (15) days of adoption from CONTRACTOR as
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part of CONTRACTOR'S adoption process to complete license and ownership
transfer.
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9. CONTRACTOR shall provide the COUNTY by the 5 of the month, with proof of
sterilization or notification of medical complications preventing sterilization for all
animals received from COUNTY during the previous month
10. CONTRACTOR shall notify COUNTY of unsterilized animals immediately and
shall return unsterilized animals to MCACC immediately upon request.
11. CONTRACTOR shall keep and maintain complete books and records concerning
its performance of this CONTRACT including the location of each animal and the
address or the persons responsible for their care which 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.
12. Upon twenty-four (24) hours notice of request from the COUNTY, CONTRACTOR
shall provide a list of all premises where unsterilized animals are being maintained,
including the address, the person responsible and the number of animals kept on each
facility.
13. CONTRACTOR shall make any and all premises where animals are maintained
available for inspection by COUNTY; COUNTY shall provide a minimum of 12
hours notice prior to any inspection.
14. CONTRACTOR shall execute a separate waiver and release of liability form
for each animal adopted.
15. CON1RACTOR may apply to become a Preferred CONTRACTOR and must
meet established criteria of same before application will be reviewed.
16. CONTRACTOR shall conduct themselves in a professional and courteous manner at
all times when dealing with COUNTY, its officers, departments, employees and
agents.
ARTICLE IV — NO COST AGREEMENT
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 V - 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.
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ARTICLE VI- COMPLIANCE WITH ALL LAWS
CONTRACTOR shall comply with all federal, state and local laws, rules, regulations, and
professional 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
ARTICLE VII — [-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 I 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 VIII - 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
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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.
ARTICLE IX - 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 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 Agreement.
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 Agreement; 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.
ARTICLE X — NON ASSIGNMENT
Any assignment or attempted assignment of this CONTRACT without the prior written
consent of COUNTY shall be void. This CONTRACT shall be binding on any and all
successors and assigns of CONTRACTOR.
ARTICLE XI- NON-WAIVER
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.
ARTICLE XH TERMINATION
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
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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.
This CONTRACT is subject to cancellation pursuant to A.R.S. § 38-511.
All notices provided for herein shall be in writing and sent by USPS mail and/facsimile to the
Parties at the following addresses:
CONTRACTOR COUNTY
HALO ("Helping Animals Live On") Mary Martin
2500 S. 27th Avenue Director
Phoenix, Arizona 85009 Maricopa County Animal Care & Control
2500 South 27 Avenue
Phoenix, Arizona 85009
Fax: (602) 506- 2739
IN WITNESS WHEREOF we have hereunto set our hands this day of ,
CONTRACTOR MARICOPA COUNTY
By:
either Allen Denny Barney
President and CEO Chairman, Board of Supervisors
HALO / Helping Animals Live On, Inc.
DBA "HALO Animal Rescue"
APPROVED AS TO FORM ATTEST:
By: By:
Attorney for Board of Supervisors Clerk of the Board of Supervisor
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