Okaloosa County BOCC — May 4, 2013 — Animal Control Contract 2013-2014 — reading text

CONTRACT FOR SERVICES October 1, 2013 — September 30, 2014 THIS CONTRACT, made and entered into this day of , 2013 between the Panhandle Animal Welfare Society, Inc., (hereinafter referred to as “PA WS”) and Okaloosa County, Florida (hereinafter referred to as “County”). Witness: WHEREAS, the parties do agree that the purpose of this contract is to establish PAWS as the administrative and enforcement agency for any Okaloosa County Animal Control Ordinances, and applicable Florida statutes pertaining to animals; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1. The County will pay the annual sum of $466,000.00 a Fiscal Year to be disbursed in quarterly payments of $116,500.00. Such annual amounts are based on a per capita division of costs among local governments which contract for PAWS services. Payment shall be made upon receipt of a quarterly statement submitted by PAWS to the County. 2. Impound fees collected by PAWS pursuant to this contract shall be retained by PAWS to assist in offsetting the cost to the County for animal control. In the event that impound fees collected by PAWS during the term of this Contract exceeds the total budget established by PAWS in any fiscal year for animal control, PAWS shall pay a portion of the excess collections based upon a per capita division among those local governments that contract for PAWS services during each fiscal year, PAWS agrees within ninety (90) days after the completion of each approved fiscal year of this contract to provide the County an audit of animal control income and expenses performed by an independent certified accountant. 3. PAWS shall not be responsible for the removal of dead animals on public property or public right of way. Dead animals on private property may be picked up for a fee as determined by PAWS, after the fee has been paid by the owner of the animal or the owner of the property. 4. PAWS will enforce all applicable Okaloosa County ordinances and Florida statutes relating to animal control, including the following duties and responsibilities: Provide appropriate equipped, certified Animal Control Officers during the normal business hours of 8:00A.M to 5:00 P.M. Monday through Friday to enforce the ordinances of Okaloosa County and Florida statutes. Operations will be via demand / response system which prioritize incoming animal control demands for services from citizens, and dispatches calls to Animal Control Offices in the field. Officers will respond to citizen request for assistance, and, when not actively engaged in answering dispatched calls, will perform routine patrolling of the service area, Issue citations against and / or impound animals determined to be in violation of applicable County ordinances or Florida statutes; manage the investigation and prosecution of cruelty, abuse, neglect and abandonment cases, including the designation and supervision of dogs classified pursuant to Florida’s “Dangerous Dog” statutes. Provide adequate food, shelter and emergency care as necessary for all impounded animals and stray animals apprehended in the field of surrendered at the PAWS shelter until placed or otherwise humanely destroyed according to law, Maintain suitable office hours at the PAWS animal shelter for the purpose of transacting business in connection. with the duties under this contract, including, but not limited to, receiving stray or owner surrendered animals and. handling transactions for the redemption or impounded and stray animals. House each impounded and stray animal for the period of time specified by applicable County ordinance or Florida statutes and quarantine bite cases pursuant to a cooperative agreement with the County Health Department. An Animal Control Officer will remain on-call after hours, 24 hours a day, seven days a week to respond to emergencies involving injured animals; vicious animals that have bitten or inflicted an injury on a person or other animal; cruelty cases. 5. PAWS will maintain accurate and detailed records of all stray, impounded or owner released animals coming into its custody including dispositions; records of all bite cases and reports of investigations; and detailed financial records of all impound fees collected, These records shall be open for inspection during normal business hours to persons designated by the County to review them. In addition, PAWS shall provide to the County a quarterly animal control activity summary. 6. PAWS will assist any County -designated agency or group of volunteers on special tasks, such as responding to dog packs, emergency management, and other animal-related situations. Requirements for such assistance will be communicated by the County to PAWS in advance, either in writing or verbally, to permit rescheduling of work assignments. 7. As a matter of convenience to private citizens, PAWS may provide pet euthanasia service and disposal of remains, for a reasonable fee determined by PAWS. 8. PAWS shall, during the term, and at its sole expense, obtain and keep in force, with the County named as additional insured: Commercial general liability insurance including personal injury, bodily injury, broad form property damage and operations hazard, and products and completed liability in limits not less than $1,000,000.00 for each occurrence and $2,000,000.00 in the aggregate. PAWS shall furnish evidence satisfactory to County of the existence of and maintain of such insurance prior or contemporaneous with the commencement of the term and thereafter at least (15) days prior to the date in which such policy is required to be renewed. PAWS shall obtain a written obligation on the part of each insurance company to notify the County at least thirty (30) days prior to the cancellation of insurance. A policy of workers’ compensation insurance in compliance with applicable Florida law. The workers’ compensation insurance policy shall include employer’s liability insurance with limits of liability not less than $500,000.00 for each accident/ $1,000,000.00 per employee for disease/ $1,000,000.00 policy limit for disease. A policy providing automobile liability insurance which provides a minimum of $1,000,000 coverage for the exposure created by the use of “any Auto”, as described by the use of symbol 1 or the individual insurance company’s’ equivalent, in the policy. The County has the right to periodically review the insurance requirements of this lease and adjust the requirements in order to conform to common standards, practices and economic conditions in existence at the time of such review. Rating: All policies required to be maintained by PAWS pursuant to this section shall be issued in a form acceptable to the County by insurance companies having and maintaining at least an A- rating in the most currently available “Best Insurance Reports” and qualified to do business in Florida. In no event shall any policy or policies provided for a deduction for any type of coverage in excess of $1,000.00. Failure to provide or maintain coverage as provided in this section shall be deemed an event of default hereunder. Indemnity: PAWS shall protect, defend, indemnify and hold the County’s officials and employees, harmless from all claims, demands causes of action or liability, resulting from injury to or death of persons or damage to or loss of property sustained and arising from PAWS operations or as a proximate result of the acts or omissions of PAWS insurer is responsible under this section. This provision does not apply, however, to any such liability as may be the result of the direct and proximate negligence or willful misconduct of County’s employees or agents acting within the scope of their employment. Party Responsibility and Sovereign Immunity: To the extent allowed by the Laws of the State of Florida and pursuant to Florida Statute 768.28, each party hereby agrees to be responsible for all claims, demands, liabilities, and suits of any nature arising out of, because of, or due to any negligent act or occurrence, omission or commission of the party, it’s officers, employees, or agents, except as insured by PAWS insurance coverage provided herein. Nothing is intended to serve as a waiver of the sovereign immunity of the County, IN WITNESS WHEREOPF, the parties have hereunto executed this contract this day of 2013. Witness: Okaloosa County Approved: 7 Panhandle Animal Welfare Society Z LEED LE Ue mm