NEW HOPE AGREEMENT WITH INDEPENDENCE DAY ANIMAL RESCUE, INC..PDF

GENERAL SERVICES CONTRACT 
New Hope General Program 
This CONTRACT made and entered into by and between Maricopa County, administered by 
Maricopa County Animal Care and Control Department (Department) collectively referred to 
hereinafter as "COUNTY" and Independence Day Animal Rescue, Inc., 23411 S. Via Del Arroyo, 
Queen Creek, AZ 85142, referred to hereinafter as "CONTRACTOR". County and Contractor may 
be referred to collectively as "Parties" and individually as "Party." 
For and in consideration of the mutual promises and covenants herein contained, the parties agree as 
follows: 
RECITALS 
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; by transferring animals to the care and custody of New Hope contractors; 
WHEREAS, New Hope participants provide shelter and care to homeless animals as an alternative 
to adoption; 
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 commence upon approval and execution by the Board and expire following a one 
(1) year period, unless terminated earlier as provided herein or further extended in accordance 
herewith. This Contract is effective when executed by the Parties. 
ARTICLE II- RENEWAL/AMENDMENT 
This Contract may be renewed for one (3) three-year period by a written amendment executed by the 
Parties. All Amendments to this Contract shall be in writing and signed by authorized signers for both 
Parties. 
ARTICLE III- 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 IV — SCOPE 
A. DUTIES OF COUNTY 
1. County may in its sole discretion allow Contractor, under the New Hope Program, to assume 
responsibility for animals as an alternative to adoption, ('New Hope selection") 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 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 within 15 days 
of new owner adoption. 
5. County may offer medical spay or neuter for select animals released to Contractor. The fee 
is set by the County and requires full cost recovery. 
6. County shall hold one or more Contractor meetings in an annual period. 
7. County may inspect the Contractor facility annually or on a more frequent basis as the 
County in its sole discretion deems necessary. County shall provide a minimum of 12 
(twelve) hours' notice prior to any inspection. 
8. 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. 
9. County may temporarily suspend this contract without notice and in its sole discretion if the 
County determines that: 
a. The Contractor is non-compliant with the provisions of this Contract; 
b. The health and safety of an animal in the care of the Contractor is in jeopardy. 
10. A temporary suspension imposed by the County shall remain in effect unless and until 
Contractor comes into compliance or until County enters a permanent order after notice and 
an opportunity for hearing. 
11. Contractor shall be informed in writing of the reason for temporary suspension upon issuance 
of the suspension and Contractor shall have five (5) business days to respond in writing from 
the date of the notice. 
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12. County does not guarantee or warranty the condition of any animal, its age, health, or 
temperament and behavior. County does not warranty any medical or behavior problems, 
complications, and/or illnesses that were not detected or that may arise with an animal. 
13. County will accept returns of transferred animals within seven days of transfer at no charge 
to the Contractor. An Owner Surrender fee will apply after day seven unless the fee is waived 
at the discretion of the County. 
B. DUTIES OF CONTRACTOR 
1. Contractor including representatives, agents, and employees shall carry an Arizona State 
identification card with their picture and shall present their identification card at time of 
animal release and upon demand by the County. 
2. Contractor shall conduct business with County from two hours prior to opening of the shelters 
to the general public until closing. 
3. The County maintains a list of animals at risk of euthanasia due to medical or behavioral 
issues ("At Risk List"). The Contractor may request that the County pull an animal from the 
At Risk List. However, the Contractor must take delivery of any animal from the At Risk 
List within twenty-four (24) hours of the request. 
4. Contractor shall assume full and sole responsibility for the cost and maintenance of all 
New Hope selections received from County, 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. 
5. Within fifteen (15) days of adopting an animal to a new owner, Contractor shall complete 
license and ownership transfer of the animal to the new owner and provide County with new 
owner's information including: name, address, home phone number, alternate phone 
number and email address, if available. 
6. Contractor shall provide the County by the 15 th of the month, the following information for 
all animals received from County during the previous month. 
a. Status of ownership 
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7. Contractor shall not adopt out any animal that has not been sterilized. 
8. Contractor shall keep and maintain complete books and records concerning its performance 
of this Contract at the address listed on this Contract. These records shall include: 
a. The location of each animal and the address or the persons responsible for their care. 
b. Records and books 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. 
9. Contractor shall report all bites to County and quarantine any animal in accordance with 
Arizona Revised Statutes § 11-1014 (E). 
10. Contractor shall make any and all premises where animals are maintained available for 
inspection by County upon twelve (12) hours-notice. 
11. Contractor shall conduct themselves in a professional and courteous manner at all times when 
dealing with County, its officers, departments, employees, agents and customers. Contractor 
shall not interfere or disrupt the functions of the County or fail to comply with the procedures 
established by County. 
12. Contractor will ensure that when a concern arises that the County will be the first point of 
contact toward resolution of the issue. Harassment directed at or about any County 
employees or volunteers in any forum, print or in person will not be tolerated. 
13. Contractor agrees that during and after their status as a New Hope partner they shall not 
disclose confidential or sensitive information that Contractor learns about County, including 
information about specific animals' medical, behavioral, or other records, including personal 
identifying information about any County employee; the identity or personal information of 
a foster, adopter, or potential adopter. 
14. Contractor agrees to submit to a County compliance review of this Contract annually. 
ARTICLE V — NO COST CONTRACT 
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 VI- 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 VII- 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 
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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. 
AR 
F-VER 
DISLOLEMPLC 
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 IX - 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 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 X - 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 
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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 Contract. 
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 Contract; 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. 
ARIICLEAL-NQI:A551021ENT 
This Contractor may not assign this Contract without prior written consent of the County. Any 
assignment or attempted assignment of this Contract without the prior written consent of County shall 
be void. If the County agrees in writing to an assignment this Contract, the Contract shall be binding 
on any and all successors and assigns of Contractor. 
ARTICLE XII - 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 XIII - 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. 
ARTICLE XIV - TERMINATION FOR CONFLICT OF INTEREST 
Notice is given that pursuant to A.RS. §38-511 the County may cancel this Contract 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 Contract or any extension of the Contract is in effect, an employee 
or agent of any other Party to the Contract in any capacity or consultant to any other Party of the 
Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.RS §38-511 
the County may recoup any fee or commission paid or due to any person significantly involved in 
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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 Contract. 
ARTICLE XV — NOTICE 
All notices provided for herein shall be in writing and sent by USPS mail, and/or email, and/or 
facsimile to the Parties at the following addresses: 
CONTRACTOR 	
COUNTY 
Kathryn Cloud, President/Director 	
Macy Martin, Director 
Independence Day Animal Rescue 	
Maricopa County Animal Care and Control 
23411 S. Via Del Arroyo 	
2500 South 27th Avenue 
Queen Creek, AZ 85142 	
Phoenix, Arizona 85009 
IDARescue@gmail.com 	
Fax: (602) 506-2739 
XVI — ISRAEL BOYCOTT 
If Contractor engages in for-profit activity and has ten (10) or more eniployees, and if this Agreement 
has a value of $100,000 or more, Contractor certifies it is not currently engaged in, and agrees for the 
duration of this Agreement to not engage in, a boycott of goods or services from Israel. This 
certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued 
pursuant to 50 § 4842. 
XVII - SEVERABILITY 
Any provision of this Contract that is determined to be invalid, void, or illegal by a court shall in no 
way affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain 
in full force and effect. 
IN WITNESS WHEREOF we have hereunto set our hands this 	
day of 	
,20 . 
CONTRACTOR: 
By f< 
 
Kathryn Cloud, President/Director 
Independence Day Animal Rescue 
APPROVED AS TO FORM: 
MARICOPA COUNTY: 
By 	
 
Chairman, Board of Supervisors 
Al 1EST: 
By: 
	
By: 	
 
Attorney for Board of Supervisors 	
Clerk of the Board of Supervisor 
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