CONTRACT_-_COOPER'S_CHANCE_ANIMAL_RESCUE,_INC (APPLICANT AND ATTONEY SIGNED).PDF
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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 (MCACC) collectively referred to
hereinafter as “COUNTY” and Cooper's Chance Animal Rescue, Inc., 4568 East Murrieta Road,
Gilbert, AZ 85297, 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, pursuant to A.R.S. § 11-201 (A)(3), the County is authorized to enter into contracts
as may be necessary to the exercise of its powers;
WHEREAS, County receives a surplus of homeless animals every year, some of which may be
euthanized after held by the period prescribed by law;
WHEREAS, County wishes to reduce the number of animals 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 or euthanasia; 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 become effective upon execution of the last signer and expire on December 8,
2024.
ARTICLE II- RENEWAL/AMENDMENT
The Parties may renew or amend this Contract as many times as desired, but each renewal may
not exceed the duration of the previous agreement.
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.
ARTICLE IV – SCOPE
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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 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 MCACC.
2. The County reserves the right to deny the placement of an animal for any reason deemed
by the County as a threat to public health or safety.
3. County shall provide a no cost dog license with one (1) permanent tag, 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 when utilizing the established
online system.
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 Contractors meetings in an annual period.
7. County may inspect the Contractor’s 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 may 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. 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.
11. A temporary suspension imposed by the County shall remain in effect unless and until
Contractor comes into compliance.
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12. County does not guarantee the condition of any animal, its age, health, temperament or
behavior. County does not warranty any medical 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 (7) days of transfer at no
charge to the Contractor. An Owner Surrender fee will apply after day seven (7) unless the
fee is waived at the discretion of the County.
B. DUTIES OF CONTRACTOR
1. Contractor including representatives, agents, and employees shall carry a state-issued
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 (New Hope Portal). The Contractor may request that the County pull an at-risk
animal. However, the Contractor must take delivery of any animal from the New Hope
Portal within twenty-four (24) hours of the request.
4. Contractor shall assume full and sole responsibility for the cost and maintenance of all
animals transferred from County, including but not limited to the following:
a. Additional necessary vaccinations;
b. Sexual sterilization at the veterinary clinic 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 pregnant or medically compromised animals that prevents the
immediate sterilization for medical reasons, sexual sterilization shall be performed as
soon as medically possible, and a copy of the sterilization certificate shall be made
available to County if requested;
c. Appropriate veterinary care for any illness or injury;
d. Euthanasia performed by or under the supervision of a licensed veterinarian when
necessary to prevent suffering; and
e. Provide behavioral modification training as necessary.
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 through the established
online licensing system.
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6. Contractor shall not adopt out any animal that has not been sterilized.
7. 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 two (2) years from the date the service is rendered.
8. Contractor shall report all bites to County and quarantine any animal in accordance with
Arizona Revised Statutes § 11-1014 (E).
9. Contractor shall make any and all premises where animals are maintained available for
inspection by County upon twelve (12) hours-notice.
10. Contractor shall conduct themselves in a professional and courteous manner at all times
when dealing with County, its officers, departments, employees, agents, volunteers, and
customers. Contractor shall not interfere or disrupt the functions of the County or fail to
comply with the procedures established by County.
11. 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.
12. 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, previous owner, adopter, or potential adopter. Contractor
should disclose any medical or behavior information provided by County about a specific
animal to potential adopters for that animal.
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
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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 VIII – 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 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.
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ARTICLE X – AGENCY
Nothing in this Agreement will be construed to create any partnership, joint venture, or
employment relationship between the Parties, or create any employer-employee relationship
between a Party and the employees of the other Party.
ARTICLE XI - 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 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.
ARTICLE XII - NON-
ASSIGNMENT
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 XIII - THIRD-PARTY CLAIMS
Nothing in this Contract is intended to create duties or obligations to or rights in third parties not
parties to this Agreement.
ARTICLE XIV - 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
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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 XV - TERMINATION
Either Party may terminate this Contract at any time by giving 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 XVI - 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 one to 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 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.3
ARTICLE XVII – 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
Shannon Steemke, Director
Cooper’s Chance Animal Rescue, Inc.
4568 East Murrieta Road
Gilbert, AZ 85297
Tel: (602) 7662-1086
COUNTY
Valerie Beckett, Assistant County Manager
Maricopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
Fax: (602) 506-2623
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XVIII – ISRAEL BOYCOTT
If Contractor engages in for-profit activity and has ten (10) or more employees, 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 U.S.C. § 4842.
XIX - ENTIRE AGREEMENT
This Contract represents the entire agreement between the Parties. It supersedes and replaces all
previous representations, understandings, and agreements, written or oral, relating to its subject
matter. No other understanding, oral or otherwise, regarding the subject matter of this Contract
shall be deemed to exist or to bind any Party.
XX - 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.
[SIGNATURE PAGE FOLLOWS]
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CONTRACTOR:
MARICOPA COUNTY
By: _________________________________
By: _______________________________
Title: __________Director_______________
Chairman, Board of Supervisors
Printed Name: ________________________ Printed Name: ______________________
Date: ______________________________
Date: _____________________________
APPROVED AS TO FORM:
ATTEST:
By: _________________________________
By: _______________________________
Deputy County Attorney
Clerk of the Board
Printed Name: ________________________ Printed Name: ______________________
Date: _______________________________
Date: _____________________________
DocuSign Envelope ID: 7F2EA5E7-4D2F-4991-A06B-0C45C27F9084
Shannon Steemke
11/2/2021
Karen J. Hartman-Tellez
11/2/2021