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Home My Public Portal AboutP.A.W.S Panhandle Animal Welfare SocietyCONTRACT FOR SERVICES October 1, 2017 — SeeAptember 30, 2018 THIS CONTRACT, made and entered into this "I — day of 0C.4.- , 2017 between the Panhandle Animal Welfare Society, Inc., (hereinafter referred to as "PAWS") and the CITY OF Crestview, FLORIDA (hereinafter referred to as "City"). 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, City 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 City will pay the annual sum of $85,000.00 by Fiscal Year to be disbursed in monthly payments of $7,083.33. Such annual amounts are based on a per capita division of costs among local govemments which contract for PAWS services. Payment shall be made upon receipt of a monthly statement submitted by PAWS to the City. 2. 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 one hundred eighty (180) 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: 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 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, including dispositions; 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 monthly animal control activity summary. 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, 2017 through September 30, 2018 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 fiords 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: 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 maintain of such insurance prior or contemporaneous with the commencement of the term and thereafter at least (l 5) 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. 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 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. 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 shall be deemed an event of default hereunder. 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 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. 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 City. PUBLIC ACCESS: _ PAWS, as Contractor, shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, Contractor shall: a. Keep and maintain public records that would be required by the Public Agency in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract teen and following completion of this contract if Contractor does not transfer the records to the public agency; and d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of Contractor or keep and maintain public records required by the public agency to perform the service. If Contractor transfers all public records to the public agency upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from public agency's custodian of public records, in a format that is compatible with the information technology systems of the City of Crestview. e If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to Contractor duty to provide public records relating to this Agreement, Contractor shall contact the Custodian of Public Records at: City Clerk, City of Crestview 198 North Wilson Street P.O. Box 1209 Crestview, Florida 32536 (850) 682-1560 Extension 250 citvclerkQcitvofcrestview.org fin the event the City of Crestview must initiate litigation against Contractor in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the City of Crestview because Contractor failed to provide access to public records responsive to a public record request, the Public Agency shall be entitled to recover all costs, including but not limited to reasonable attorneys' foes, costs of suit, witness, fees, and expert witness fees expended as part of said litigation and any subsequent appeals. IN WITNESS WHEREOF, the parties have hereunto executed this contract this day of CAr 2017. City of Crestview siaw14, Ce(-4 MetAr Approved: Witness: Panhandle Animal Welfare Society ACORO PMONTOOMERY `-- cvnucnn,c ur rr(urttc 11r INUUfKANCE I 09937/2017" THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOTCONSTiTUTE A CONTRACT BETWEEN THE ISSUING INSURER(3), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADOMONAL INTEREST. AaBa,Y wO. Na, �f: (977) 244-01 a9 COMPANY Uoyds of Landon Fisher Brown Bothell insurance Inc. SOD Grand Boulevard State 220 Wexner Beach, FL 32550 Ira Nu4850) 8374894 : CODE: BUB Coo@ . i _ _ to e: PANHANI•01 DJSum Panhandle Animal Welfare SOdety 752 Lovejoy Road Fort Walton Beach, FL 3254E LOAN NUMBER POLICY NUMBER ABV390217 EFFBC IVEOATS minim EIONRATION DATE 06/1612018 TERMWATEDlitAI�a® THIS REPLACES PRIOR EVI e=DATED: PROPERTY INFORMATION LOCATION IDE>SGLrrIDN SEE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CuuMa COVERAGE INFORM - - . ............. .... . , .�...,.. . t onw,i t I arcu.va 1 I COVERAGE I PERILS / FORMIC AMOUNT OF INSURANCE DEDUCTIBLE SEE ATTACHED ACCORD 101 FORM FOR ADDITIONAL POLICY INFORMATION 'Spede " form INCLUDING MAndlHdl EXCLUDING Rood;Some exclusions apply Location 01:752 Lovejoy Road, Fort Walton Beach, FL 32548 Building I1:1CermeUAMmal Shelter Building Contents $500,01D 1,000 Business Mxome:$150,00011/4 Monthly Urnlettatton) 5150,000 1,000 Bulldirg02:0Mce Tn her Building: S150,000 1,000 Business Personal Property: $25,000 1,000 35,000 1,000 beamAelre n....L.A� e�_L-...__-.A._—. 9neclal Conditions: All policies an subject to the exclusions and limitations of the policy forms. Remarks: PROPERTY POLICIES CONTEMN: Locatiiroggn 02:179 North EOM Parknn_ qy, Fart Walton Beach,PL 32541 BE ATTACHEDhACORD 11u�Ildirr�i400 000; Deduddble "AM 3% Wind CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME Abe ADDRESS City of Fort Walton Beach P O Box 4009 Fort Walton Beach, FL 32549 ACORD 2T (201S/03) ADDITIONAL NSURED MORTGAGEE LENDER'S LOSS PAYABLE I LOSS PAYEE LOAN II AUTHORIZED REPRESENTATIVE ®115 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regletered marks of ACORD ACORO' PANHANI-01 Pb1ONTGOIKE iY CERTIFICATE OF UABIUTY INSURANCE DATE purDDmrr>n 09107P201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIFUMTIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIRCATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poUcy(les) must haw ADDITIONAL INSURED provisions or be endorsed H SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ueu of such endorsement(sj. PRODUCER 'T Fisher Benin Bothell Insurance, Inc. nRo1+�@ 500 Grand Boulevard, Suite 220 [A�. N•, sex: (877j 244-0159 Miramar Beach, FL 32550 Panhandle Animal Welfare Society 752 Lovejoy Road Fort Walton Beach, FL 32545 (850) 837.5594 INBUREMSI AFFORDING OVERAGE !MUMMA:Scottsdale Insurance Company INSURER B : Progressive Express Insurance Company m unec:Zenith Insurance Company MEURER°:CNA Insurance Company INSURERS :Old Republic Surety Company IMCO 41297 10193 13269 COVERAGES • — RC inC11YP1 ammeter THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUOREMEUT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO4IMICHMS CERTIFICATE MAY BE ISSUED OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, q�EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAR) CLAIMS. L1R TYPE OF INSURANCE Ice WM MOULT NUMBER ro( assay l kMMlOofyYYYI LOME A X COMMERCIAL GENERAL LABILITY 1,000,000 EACH OCCURRENCE i CLAIMS -MADE X OCCUR CP82720358 011N8f2017 08/1812018 RataMENTED 100,000 1 i 5,000 MED DIP (Any we ra mnl i 1,000,000 PERSONAL &ADV INAI RY i GENL AGGREGATE LIMIT APPLES PER. GENERAL AGGFEGATE i 2,000,000 P POLICY ❑2& LOC PRODUCTS- COMPIOPAGG i OTHER: i B AUTOMOBLELIABILITY <rH��SNGLELMIT i 1,000.000 AA�yNyyY AUTO _ p�L 039807391 0511012017 11110/2017 BODILY INJURY ear arson _I i _ HAUT06ONO, X BOILED AU��TNNOpSILNED E�MILYINJJI.IRY(Per **dant) i AUTOS ONLY _ AIREA OI� penFo�rdlAMLAGE i i UMBRELLA _OCCUR EACH OCCURRENCE i EXCESS UM CLAIMS -MADE AGGREGATE 1 DED RETENTION i iC �K= NBATYerf10YEar e Y� 2009202911 MUTE &TH- A(�7�Eq/p� EX0. m �� rani000,000 N!A 08/20/2017 08/20/2019 A� 1�� , If ye9 0eetnbe irides E.L. DISEASE -EA EMPLOYEE i ', D DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT D E Directors i Officers Fidelity Bond 217137201 OFL0433204 00/0412017 07/27/3014 08/04/ ms 07/27/2017 Fidelity Bond $ 10,000 DESCRIPTION OP OPERATIONS! LOCATIONS r VBICLES (ACORD MI. At&leolrl Remarks Sahadia, may be ~al Wows apace u reAubed) rES7Tn•-•aruw. wc-s ELLATION City of Fort Walton Beach Po Box 4099 Fort Walton Beach, FL 32549 I ACORD 28 (2018/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIIE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORA710N. All rights reserved The ACORD name and logo are registered marks of ACORD