ARIZONA ANIMAL WELFARE LEAGUE-SPCA.PDF

GENERAL SERVICES CONTRACT
NEW HOPE PREFERRED PROGRAM
This CONTRACT made and entered into by and between Maricopa County, hereinafter referred
to as “COUNTY” and Arizona Animal Welfare League/SPCA, a 501(C)3 corporation, 30 N 40"
Place, Phoenix, Arizona, 85034, referred to hereinafter as “PREFERRED PREFERRED
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, COUNTY desires to offer incentives to CONTRACTORs that have consistently
proven through performance under the New Hope General Program their ability to abide by all
aspects of the New Hope General Program Agreement for a period of not less than three
consecutive years and have met the criteria established by COUNTY to qualify for PREFERRED
CONTRACTOR status, One full year is July to June,
WHEREAS, PREFERRED 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, 2018, unless earlier as provided
terminated
herein or further extended in accordance herewith.
ARTICLE I - 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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ARTICLE HI - SCOPE
A. DUTIES OF COUNTY
1, COUNTY may in its sole discretion allow PREFERRED 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.
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 PREFERRED CONTRACTOR.
COUNTY shall provide license transfer to new owners within the CONTRACTOR’S
license year at no cost to PREFERRED 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,
COUNTY shall evaluate the Preferred CONTRACTOR performance and statistical data
each year to determine continued eligibility as a PREFERRED CONTRACTOR,
COUNTY shall provide one kennel key for each full service facility operated by Maricopa
County Animal Care and Control at a rate of $15 for each initial key, $25 for each
subsequent key to PREFERRED CONTRACTOR to allow access-to animals for evaluation
purposes.
COUNTY may provide Feline Leukemia Virus (FeLV) and Feline Immunodeficiency
Virus (FIV) testing for all cats requested by PREFERRED CONTRACTOR prior to release
at no cost.
COUNTY may offer. medical spay or neuter of animals released to PREFERRED
CONTRACTOR at no cost.
COUNTY shall hold one or more CONTRACTOR meetings in an annual period.
10. COUNTY shall provide PERFERRED CONTRACTOR select business hours before and
after 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.
11. COUNTY shall inspect the PREFERRED CONTRACTOR facility as deemed necessary.
12, COUNTY shall remove animals from PREFERRED CONTRACTOR upon inspection
when PREFERRED CONTRACTOR has not adequately provided proper food; medical
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resources, housing, confinement, or when poor sanitary conditions exist that may jeopardize
the health and safety of the animals.
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13. MCACC may temporarily suspend this CONTRACT as a result of an inspection or non-
compliance with the provisions of this CONTRACT until PREFERRED CONTRACTOR
comes into compliance or until COUNTY makes full determination in a formal, public
meeting. PREFERRED CONTRACTOR shall be informed in writing of the reason for
temporary suspension and shall be given five (5) business days to respond in writing.
14. COUNTY shall retain the right to suspend this CONTRACT when thé animal’s health and
safety are deemed in jeopardy by the COUNTY or when the PREFERRED
CONTRACTOR fails to stay in compliance with the provisions of this CONTRACT.
B. DUTIES OF PREFERRED
CONTRACTOR
1, PREFERRED 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.
PREFERRED CONTRACTOR including representatives, agents, and employees shall
_
carry an Arizona State issued identification card with their picture and shall present their
identification card on demand. PREFERRED CONTRACTOR representatives, agents,
and employees shall present their identification card at time of animal release.
PREFERRED CONTRACTOR shall select animals through the New Hope Program listed
on the At Risk List provided by COUNTY or have been up for adoption in a COUNTY
facility for a period of time deemed appropriate by COUNTY.
PERFERRED 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.
PREFERRED CONTRACTOR shall conduct business with COUNTY during select
PERFERRED CONTRACTOR hours or 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.
PREFERRED CONTRACTOR agrees to pay the prevailing adoption fee for animals
selected through the Adoption Program. All Adoption Program processes and procedures
apply.
PREFERRED 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. Sexual sterilization performed at the veterinary clinics of
PREFERRED CONTRACTOR’S choice shall be at the expense of the
PREFERRED 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 medicaily compromised animals that prevents the
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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.
PREFERRED 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).
PREFERRED CONTRACTOR shall notify COUNTY of unsterilized animals immediately
and shail return unsterilized animals to MCACC upon request,
immediately
10. PREFERRED 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 PREFERRED CONTRACTOR as
part of PREFERRED CONTRACTOR'S adoption process to complete license and
ownership transfer.
11. PREFERRED CONTRACTOR shall report license and ownership transfers to the
COUNTY through the use of established online system or by a COUNTY approved
electronic flat file,
12, PREFERRED CONTRACTOR shall by the 5" of the month provide the COUNTY with
proof of sterilization or notification of medical complications preventing sterilization for all
animals received from COUNTY during the previous month.
13. PREFERRED 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.
14, Upon twenty-four (24) hours notice of request from the COUNTY, PREFERRED
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.
iS. PREFERRED 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.
16. PREFERRED CONTRACTOR shall execute a separate waiver and release of liability form
for each animal adopted.
17. PREFERRED CONTRACTOR shall conduct themselves in a professional and courteous
manner at all times when dealing with COUNTY, its officers, departments, employees and
agents.
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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 PREFERRED CONTRACTOR
The status of PREFERRED CONTRACTOR shali be that of an independent PREFERRED
CONTRACTOR and PREFERRED 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.
ARTICLE VI - COMPLIANCE WITH ALL LAWS
PREFERRED CONTRACTOR shall comply with ali 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 Vi — E-VERIFICATION OF EMPLOYEES
PREFERRED CONTRACTOR warrants that they are in compliance with A.R.S. § 41-4401 and
further acknowledges:
Q) 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 PREFERRED CONTRACTOR or sub employee who works on the contract to
ensure that fhe PREFERRED CONTRACTOR or subcontractor is complying with the warranty
provided under subsection | above and that the PREFERRED 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 PREFERRED CONTRACTOR or sub an
agent or employee of the contracting government entity.
ARTICLE VII - 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
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injury(including death), or loss or damage to tangible or intangible property caused, or alleged to be
caused, in whole or part, by the negligent or wilful acts or omissions of the Contractor or any of its
directors, officer, 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 any 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.
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 PREFERRED 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 XU TERMINATION
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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 PREFERRED 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 PREFERRED 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
Judith Gardner, President and CEO Rodrigo Silva, Assistant County Manager
Maricopa County Animal Care & Control
Arizona Animal Welfare League/SPCA
40" 2500 South 27" Avenue
30 N Place
Phoenix Arizona 85009
Phoenix, Arizona 85034
Fax: (602) 506-2739
Fax:
IN WITNESS WHEREOF we have hereunto set our hands this day of Dec 20\S..
x
PREFERRED CONTRACTOR MARICOPA COUNTY
By: By:
th Gardner, President and CEO Chairman, Board of Supervisors
Arizona Animal Welfare League/SPCA
APPROVED AS TO FORM ATTEST:
By: By:
Attorney for Board of Supervisors Clerk of the Board of Supervisors
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