2.21.17 MESA COMMUNTIY COLLEGE.PDF

AGREEMENT BETWEEN MARICOPA COUNTY ANIMAL CARE AND
CONTROL DEPARTMENT AND MARICOPA COUNTY COMMUNITY
COLLEGE DISTRICT FOR MESA COMMUNITY COLLEGE
This CONTRACT made and entered into by and between Maricopa County, a body politic and
corporate of the State of Arizona on behalf of the Maricopa County Animal Care and Control
Department hereinafter referred to as “COUNTY” and Maricopa County Community College
District for Mesa Community College, located at 2411 West 14" Street Tempe, AZ 85281,
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 some 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, COUNTY operates animal shelters where certain unadoptable or unwanted dogs and
cats are euthanized; and
WHEREAS, CONTRACTOR requires animals to perform certain medically-necessary
procedures to allow students in the Veterinary Medicine Program to acquire experience in
assisting in such procedures; and
WHEREAS, CONTRACTOR possesses the necessary experience, training, facilities and
veterinary practice license to perform such procedures,
WHEREAS, CONTRACTOR has the personnel, facilities and experience to maintain these
animals while in CONTRACTOR’s possession,
NOW, THEREFORE, the parties hereto agree as follows:
1- TERM
This CONTRACT shall commence on January 1, 2017 and expire on December 31, 2019, unless
terminated earlier as provided herein or further extended in accordance herewith. This agreement
is effective on the date signed by both parties. The Agreement may be renewed for two
(2) additional one (1) year terms upon the written agreement of the patties.
CONTRACTOR shall give COUNTY written notice of its intent to renew at least forty-
five (45) days prior to the Expiration Date.
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Il - ENTIRE CONTRACT
This document and the Memorandum of Understanding dated December 9, 2016 between the
parties, attached to the agreement, 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,
Ti—SCOPE
A. GENERAL - VETERINARY SERVICES
1, Service Agreement, COUNTY may in its sole discretion provide the CONTRACTOR upon
request animals that have been held for the period of time prescribed by law and are in need of
specific veterinary medical procedures before being placed for adoption. CONTRACTOR will
maintain and perform only medically necessary procedures on the animals.
Nature of Services to be Provided. The COUNTY may provide a limited number of animals to
be housed in the CONTRACTOR’s facility temporarily, on an as-needed basis, for specific
veterinary services which coincide with educational modules taught by the CONTRACTOR,
such as but not limited to dental procedures spay and neuter, vaccinations, and grooming as
regulated by the American Veterinary Medical Association.
B. DUTIES OF COUNTY
1, The COUNTY reserves the right to deny release of any animal specified by CONTRACTOR for
any reason.
COUNTY shall not provide transport service of specified animals to or from CONTRACTOR’s
facility. COUNTY reserves the right to transport if imminent need of animal so demands.
Animals will not be released directly by COUNTY from retail outlets or off-site events,
COUNTY shall inspect the CONTRACTOR’s facility as deemed necessary.
COUNTY shall remove animals from CONTRACTOR upon inspection if it fails to provide
animals proper food; medical services, housing, confinement, or when poor sanitary conditions
exist that may jeopardize the health and safety of the animals.
COUNTY 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. CONTRACTOR shall be informed in writing of the reason for temporary
suspension and shall be given five (5) business days from the date of the notice to respond in
writing.
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.
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C, DUTIES OF CONTRACTOR
l. CONTRACTOR shall request a specified number of animals to be housed in the
CONTRACTOR’s facility temporarily, on an as-needed basis, for educational modules,
including but not limited to dental procedures, spay and neuter, vaccinations, and grooming as
regulated by the American Veterinary Medical Association.
CONTRACTOR shall transport animals specified by the COUNTY directly from the shelter
designated by the COUNTY. CONTRACTOR shall transport specified animals to the
CONTRACTOR facility within twenty-four (24) hours of the request for specific medical care.
CONTRACTOR shall request animals to be pulled from At Risk List to be released from
COUNTY and take possession of the animals.
All animals shall be treated humanely in accordance with veterinary standards of practice set
forth by the American Veterinary Medical Association.
CONTRACTOR shall make any and all premises where animals are sheltered and any animals
under its care available for inspection by the COUNTY during business hours without prior
notice,
CONTRACTOR shall comply with the provisions of the Arizona Veterinary Medical Examining
Board Administrative Rules and statutes A.R.S, § 32-2201 et seq., as well as A.R.S.§ 13-2910 et
seq.
No animal will be subject by CONTRACTOR, its agents, employees, or students, to any
procedure that is not medically necessary or be caused to suffer unnecessarily. All procedures
and treatment of animals will be performed under the direct supervision of a licensed
veterinarian.
CONTRACTOR or any of CONTRACTOR’s associates, employees or students, if desiring to
adopt a specific animal in their care received from COUNTY shall pay the prevailing adoption
fee and be subject to all policies and procedures of the COUNTY Adoption Program.
CONTRACTOR shall return animals not adopted through contractor to COUNTY as soon as
medically possible or upon request from the COUNTY to be placed for adoption.
10, CONTRACTOR shall conduct business with COUNTY during normal business hours unless
COUNTY waives set hours for the benefit of COUNTY.
11. CONTRACTOR shall assume full and sole responsibility for the cost and maintenance of the
animals received from COUNTY shelters, while specified animals are in CONTRACTOR’s
possession,
12. 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).
13. CONTRACTOR shall keep and maintain complete books, medical records and any other
applicable documentation 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
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made available for inspection and audit by COUNTY for a period of not Jess than three (3) years
from the date the service is rendered.
14. CONTRACTOR shall conduct themselves in a professional and courteous manner at all times
when dealing with COUNTY, its officers, departments, employees and agents, CONTRACTOR
shall refrain from relating information that casts COUNTY in a negative or false light. Any such
misconduct by CONTRACTOR may be grounds for suspension or termination of this
CONTRACT.
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.
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,
VI - COMPLIANCE WITH ALL LAWS
CONTRACTOR shall comply with all applicable 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.
Vil — 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
ARS, § 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 norma! working hours in order to facilitate such an
inspection.
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(4) That nothing herein shall make any contractor or subcontractor an agent or employee of
the contracting government entity.
Vill —- AMENDMENTS
This agreement may be amended by written agreement of the Parties,
IX - INDEMNIFICATION
Each Party (as indemnitor) agrees to indemnify, defend, and hold harmless the
other Party (as indemnitee) from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter
collectively referred to as claims) arising out of the negligent performance of
this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees, or volunteers.
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,
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.
AIL - 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 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.
Pursuant to A.R.S, §38-5{1, the County may cancel this Agreement 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 Agreement or any extension of the Agreement is in effect, an employee or agent of
any other party to the Agreement in any capacity or consultant to any other party of the Agreement
with respect to the subject matter of the Agreement. Additionally, pursuant to A.R.S § 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 Agreement
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XM - NOTICES
All notices provided for herein shall be in writing and sent by certified mail to the Parties at the
following addresses:
CONTRACTOR COUNTY
Mary Martin, Director
Margaret E McConnell
Maricopa County Animal Care & Control
Mesa Community College
2500 South 27” Avenue
Maricopa County Community College District
Phoenix Arizona 85009
2411 West 14" Street
Mesa Arizona 85281
IN WITNESS WHEREOF we have hereunto set our hands this__ day of ,20__,
CONTRACTOR MARICOPA COUNTY
Matgal , Vedat By:
py.
Margaret IE McConnell Chairman, Board of Supervisors
Maricopa County Community College District
for Mesa Community College
[-V7-17 ATTEST:
By:
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
By:
Attorney for Board of Supervisors
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