HomeMy Public PortalAboutPAWS Panhandle Animal Welfare SocietyCONTRACT FOR SERVICES
THIS CONTRACT, made and entered into this 1st day of October, 2011,
between the PANHANDLE ANIMAL WELFARE SOCIETY, INC., (hereinafter referred to as
"PAWS") and the CITY OF CRESTVIEW, FLORIDA (hereinafter referred to as "City").
WITNESSETH:
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, City Ordinances and applicable Florida statutes pertaining to animals within the City
of Crestview;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained,
the parties hereto agree as follows:
1. The City will pay the annual sum of $85,000.00 a Fiscal Year to be disbursed in
quarterly payments of $21,250.00. 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 City.
2. Impound fees collected by PAWS pursuant to this Contract shall be retained by
PAWS to assist in offsetting the cost to the City of 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 City 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, 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
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the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday, to enforce the ordinances of the City and 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
4.2 Issue citations against and/or impound animals determined to be in
violation of applicable City or 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.
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.
44 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.
45 House each impounded and stray animal for the period of time specified
by applicable City or County ordinances 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 reasonable considered to
constitute a physical threat to humans or animals.
5. PAWS will maintain accurate and detailed records of all stray, impounded or
owners released animals coming into its custody including disposition; records of
all bite cases and reports of investigations; and detailed financial records of all
fines and impound 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.
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6. PAWS will initiate and maintain a program of public 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, 2011 through September
30, 2012 and shall remain in force for a period of one year.
10. City shall have the right to immediately terminate this Contract upon the
occurrence of Okaloosa County agreeing to and obligating itself to undertake
funding through 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 of the existence of and
maintenance of such insurance prior or contemporaneous with the
commencement of the term and thereafter at least fifteen (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 any cancellation.
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 $1,000,000.00 coverage for the exposure created by the use
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of "any Auto" as described by the use of symbol 1 or the individual
insurance company's equivalent, in the policy.
11.4 The City has the right to periodically review the insurance requirements of
this Contract 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 provide 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.
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 of property sustained and arising from PAWS operations or as a
proximate result of the acts or omissions of PAWS in providing services
hereunder. PAWS insurer is also 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
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, its
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 City.
IN WITNESS WHEREOF, the parties have hereunto executed this Contract this
Day of a0 0`/4" d , 2011.
(SIGNATURE PAGE TO FOLLOW)
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ATTEST:
p..•
lirmt,d,„
PATRICIA BEEB
Deputy Clerk
Executed by PAWS in the Presence of:
CITY OF CRESTVIEW, FLORIDA
A nicipal corporation
CoL-Sit,
DAVID CADLE
Its Mayor
(CITY)
PANHANDLE ANIMAL WELFARE
SOCIETY, INC.
BY:
SIGNATURE OF WITNE S Pn
Printed name: rnat j Its:
SIGNATURE OF WITT
iPrinted Name: t 1;4
me -i\r F tenon.
(J;vrcNoe..
(PAWS)