CHIQUITA CHIHUAHUA RESCUE - JULY.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 Roberta Gottlieb, d.b.a. Chiquita Chihuahua Rescue, 29620 N 63r d St,
Cave Creek, AZ 85331, 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 smplus of homeless animals every year many of which may be
euthanized after held by the period prescribed by law; and
WIIEREAS, 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, 2018, unless terminated earlier as provided
herein or further extended in accordance herewith.
ARTICLE II- 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 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 Cam and
Control, referred to hereinafter as "MCACC" and have not been adopted or cannot be kept
by MCACC any longer.
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 license transfer to new owners within the CONTRACTOR'S
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 Of 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.
11. 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 mason for temporary suspension and
shall be given five (5) business days to respond in writing from the date of the notice.
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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
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. CON fRACTOR 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 Cam 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 masons, 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 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 th 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 whore 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. CONTRACTOR 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.
ARTICLE VI- COMPLIANCE WITH ALL LAWS
CON TRACTOR 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
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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— E-VERIFICATION OF EMPLOYEES
CONTRACTOR warrants that they are in compliance with A.R.S. § 414401 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 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 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.
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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 $100,0005300,000 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 XII 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.
This CONTRACT is subject to cancellation pursuant to § 38-511.
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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
Roberta Gottlieb Rodrigo Silva, Assistant County Manager
Chiquita Chihuahua Rescue Maricopa County Animal Care & Control
29620 N 63rd St 2500 South 27th Avenue
Cave Creek, Arizona 85331 Phoenix Arizona 85009
Fax: Fax: (602) 506-2739
TN WITNESS WHEREOF we have hereunto set our hands this day of , 20 .
CONTRACTOR MARICOPA COUNTY
By:
Roberta Gottlieb, Presi Chairman, Board of Supervisors
Chiquita Chihuahua Re
APPROVED AS TO FORM ATTEST:
By: By:
Attorney for Board of Supervisors Clerk of the l3oard of Supervisors
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