HomeMy Public PortalAboutP.A.W.S. 2018-2019Doc
Interlocal Agreement
Year
i
2019
I I I
City of Crestview
City Clerk Coversheet
T
i
5/3/2019
CONTRACT FOR SERVICES
October 1, 2018— September 30, 2019
THIS CONTRACT, made and entered into this S day of N p vediP.e4 ` , 2018 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 governments which contract for PAWS services.
Payment shall be made upon receipt of 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 Pines 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 (0- f - through 5. -3°-
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 fulls for the
purpose set forth in this contract. City agrees and hereby directs its managers to
provide for die 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 dischargeif 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 (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,
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 $1,11100,000 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 natum 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.
12. 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 ordinarily and necessarily would be required by
City of Crestview 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 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 term 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.
c. 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
cityclerl a,cityofcrestview.org
f. In 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 City of Crestview shall be entitled to recover all costs,
including but not limited to reasonable attorneys' fees, 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
/1C JtivlbeA, 2018
Witness:
Witness
City of Crestview
Approved
Panhandle Animal Welfare Society