Fort Walton Beach Council agenda — 09-28-2010 Regular — reading text

for a fee as determiner) 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, City Ordinances and Florida. statutes relating to animal control, including the following duties and responsibilities: 4. 1 Provide appropriate equipped, certified Animal Control Officers during the normal business hours of 8:OOA.M to 5: 00 P.M. Monday through Friday to enforce the ordinances of Okaloosa County and Florida statues. 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. 4.2 Issue citations against and / or impound animals determined to be in violation of applicable County ordinances or Florida statutes; mmnage 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. 4. 3 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. 4.4 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.  4. 5 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. 4. 6 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, and other situations reasonably considered to constitute a physical threat to humans or animals. 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 fines and impounds fees collected. These records shall be open for inspection during normal business hours to persons designated by the City to review them In addition, PAWS shall provide to the City a quarterly animal control activity summary. 6. PAWS will initiate and maintain a program ofpublic education concerning animal related laws; and promoting responsible pet ownership. 7. PAWS will assist any City - 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 City to PAWS in advance, either in writing or verbally, to permit rescheduling of work assignments. 8. 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. 9. This contract is for the performance period October 1, 2010 through September 30, 2011 and shall remain in force for a period of one year, contingent upon the annual appropriation by the City legally available funds as provided in this section. City' s obligation to pa the amount due hereunder in any fiscal year is contingent upon the appropriation by the City Council of legally available funds for the purpose set forth in this contract. City agrees and hereby directs its managers to provide for the amounts die hereunder in each annual proposed budget submitted to the City Council as a separately stated line item for animal control. In the event the City Council deletes such line item for the payment for the amounts due hereunder from the budget as finally enacted for such fiscal year, the same shall constitute an event of non -appropriation wit respect to this contract, and this contract and the terms contained herein shall terminate effective as of the end of the fiscal year of the City for which sums have been appropriated, and the parties shall be discharged from further responsibility to each other under this contract. The occurrence of an event of non -appropriation shall not be deemed an event of default hereunder but shall affect a mutual dissolution of this contract. 10. City shall have the right to immediately terminate this contract upon the occurrence of Okaloosa County agree and obligating itself to undertake funding though taxes, assessments, or any other means for the animal control services provided by PAWS as set forth in this contract within the jurisdictional limits of the City. 11. PAWS shall, during the term, and at its sole expense, obtain and keep in force, with the City named as additional insured: 11. 1 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 City ofthe 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 City at least thirty (30) days prior to the cancellation of each insurance.  11. 2 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. 11. 3 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 11. 4 symbol 1 or the individual insurance company' s' equivalent, in the policy. The City 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. 11. 5 Rating: All policies required to be maintained by PAWS pursuant to this section shall be issued in a form acceptable to the City 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 shalt be deemed an event of default hereunder. 11. 6 Indemnity: PAWS shall protect, defend, indemnify and hold the City' 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 ofproperty 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 City of City' s employees or agents acting within the scope of their employment. 11. 7 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 ofthe City. IN WITNESS WHEREOF, the parties have hereunto executed this contract this day of 2010. Witness: City of Fort Walton Beach Attest: City Clerk City Manager Approved: Witness: Panhandle Animal Welfare Society  CITY COUNCIL MEETING September 28, 2010 Consent Agenda Emerald Coast Science Center Lease Amendment Synopsis: Amends the rent paymentfrequency from a yearly to a monthly payment cycle Agenda Item Number: 8. 3  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 21, 2010 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manage SUBJECT: Emerald Coast Science Center Lease 1. Back round 1. 1 At the August 8, 2009 City Council meeting the Council voted that the city tnanager negotiate a lease with the Emerald Coast Science Center ( ECSC). The total annual rent for the first term is a sum equal to the ad valorem taxes based on the exemption value of the property that would be paid to the city in November of each ; year. In addition to that amount a sum equal to the average maintenance costs incurred by the city averaged over the previous five ( 5) years shall be paid.