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GENERAL SERVICES CONTRACT NEW HOPE GENERAL PROGRAM This CONTRACT made and entered into by and between Maricopa County, hereinafter referred to as "COUNTY" and Michelle McMains, d.b.a. S.A.F.E. Rescuers, Inc., PO Box 36, Gilbert, AZ, 85299, 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, 2016, 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. ARTICLE M — 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. 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 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, confmement, 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 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 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 a MCACC 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 part of CONTRACTOR'S adoption process to complete license and ownership transfer. 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 where animals are maintained available for inspection by COUNTY; COUNTY shall provide a minimum of 12 hours notice prior to any inspection. 14. CON I RACTOR 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. 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. 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 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— 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 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— BUSINESS IN SUDAN OR IRAN CONTRACTOR certifies that under A.R.S. § 35-391.06 AND 35-393.06, they do not have scrutinized business operations in either Sudan or Iran. ARTICLE IX - INDEMNIFICATION CONTRACTOR shall indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this CONTRACT which are attributed to any act or omission of CONTRACTOR, its agents, employees, officers or anyone acting under its direction, control or on its behalf, whether intentional or negligent. 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 A.R.S. § 38-511. IN WITNESS WHEREOF we have hereunto set our hands this day of , 20 . CONTRACTOR MARICOPA COUNTY CT) ALL L(/ )1(it PLM By: P,‘f ich - McMains Presiden Chairman, Board of Supervisors SAFE. Rescuers APPROVED AS TO FORM ATTEST: By: By: Attorney for Board of Supervisors Clerk of the Board of Supervisors