HomeMy WebLinkAbout2017-056A A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK �J
CONTRACT FOR PROVIDING ANIMAL SHELTER SERVICES BETWEEN THE HUMANE SOCIETY OF VERO Ot/ ? X A
BEACH AND INDIAN RIVER COUNTY, INC.AND INDIAN RIVER COUNTY, FLORIDA
This Contract for Providing Animal Shelter Services for Indian River County, Florida, ("Contract")
entered into April 18 , 2017, by and between the Board of County Commissioners of Indian River
County, a political subdivision of the State of Florida ("County") whose address is 180127 th Street, Vero
Beach, Florida 32960 and the Humane Society of Vero Beach & Indian River County, Florida, Inc. a Florida
not for profit corporation,whose address is 6230 77th Street,Vero Beach, Florida 32967 ("Society").
BACKGROUND RECITALS
WHEREAS, the County published a Request for Proposal for Animal Shelter Services for Indian
River County, Florida on January 13, 2017; and
WHEREAS,the Society was the only entity that submitted a response to the Request for Proposal;
and
WHEREAS, since October 1, 1995, the County and the Society have entered into Contracts,
Extensions and Amendments for Providing Animal Shelter Services for Indian River County, Florida; and
WHEREAS,the County has been satisfied with the services provided by the Society in the past and
after review of the Society's response to the Request for Proposal for Providing Animal Shelter Services,
the County finds that the Society meets the requirements contained in the Request for Proposals.
WHEREAS, the County desires to obtain the Animal Shelter Services of said Society as further
described herein; and
WHEREAS, the Society hereby certifies that it has been granted and possesses valid, current
licenses to do business in the State of Florida and in Indian River County, Florida, issued by the respective
State Board and Government Agencies responsible for regulating and licensing the services to be provided
and performed by the Society pursuant to the Contract; and,
NOW,THEREFORE, in consideration of the foregoing,and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the County and the Society agree as
follows:
1. The above Background Recitals are true and correct and are incorporated into this Contract.
ARTICLE 1.0-SCOPE OF SERVICES
The Society hereby agrees to provide and perform the services required and necessary to complete the
Scope of Services and work set forth in the Request for Proposals attached as Attachment "A" and
Attachment "B"entitled Collection and Transmittal of Revenue to the County; hereto and made a part of
this Contract each of which is attached.
ARTICLE 2.0-ENTIRE AGREEMENT
This Contract is intended by the parties hereto as the final and exclusive expression of the provisions
contained in this Contract and it supersedes and replaces any and all prior to contemporaneous contracts
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and understandings, oral or written, in connection therewith, between the parties hereto. This Contract
may be modified or changed only upon the written consent of the parties hereto.
ARTICLE 3.0-TIME OF PERFORMANCE
The Contract shall begin on May 1, 2017, and end on April 30, 2020, unless otherwise terminated
according to the provisions of the Contract.This Contract may be continued for three additional one year
periods after the initial term unless either party shall give thirty (30) days' written notice prior to the
expiration date.
ARTICLE 4.0-OBLIGATIONS OF THE SOCIETY
The obligations of the Society with respect to all the Services authorized pursuant to this Contract shall
consist of the following:
4.1 LICENSES: The Society agrees to obtain and maintain throughout the terms of this Contract all
such licenses as are required to do business in the State of Florida and in Indian River County, Florida,
including, but not limited to, licenses required by the respective State Boards and other governmental
agencies responsible for regulating and licensing the services provided and performed by the Society.
4.2 QUALIFIED PERSONNEL: The Society agrees that when the services to be provided and performed
related to a professional service(s), which, under Florida Statutes, requires a license to practice such
services, to employ and/or retain only qualified personnel to be in charge of all Services to be provided
pursuant to this Contract. In carrying out the provisions of this Contract, all Society employees will be
responsible only to the Board of Directors and/or management of the Society. Likewise, the Animal
Control Officers employed by the County will be responsible only to and supervised by the Animal Control
Director of the Department of Emergency Services.
4.3 STANDARDS OF PROFESSIONAL SERVICE: The Society agrees to provide and perform all services
pursuant to this Contract in accordance with the laws,statutes, ordinances,codes, rules, regulations,and
requirements of governmental agencies which regulate or have jurisdiction over the services to be
provided and/or performed by the Society.
4.4 REPORTS:The Society will provide reports of animals handled monthly utilizing a form and format
mutually agreed upon. This report will be delivered to the County no later than the 15th of each month
following such service.
4.5 SOCIETY TO HOLD COUNTY HARMLESS:The Society shall be liable and agrees to be liable for,and
shall indemnify,defend and hold the County harmless for any and all claims,suits,judgments or damages,
losses and expenses including court costs, expert witness and professional consultation services, and
attorney's fees arising out of the Society's errors, omissions,and/or negligence. The Society shall not be
liable to, nor be required to indemnify the County for any portions of damages arising out of any error,
omission,and/or negligence of the County, its employees, agents,or representatives.
4.6 COUNTY TO HOLD SOCIETY HARMLESS: The County shall be liable and agrees to be liable for,
and shall indemnify, defend and hold the Society harmless for any and all claims, suits, judgments or
damages, losses and expenses including court costs, expert witness and professional consultation
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services, and attorney's fees arising out of the County's errors, omissions, and/or negligence, to the
extent allowed by law.
4.7 REUNITING, ADOPTION AND EUTHANASIA: The Society shall provide for the humane disposal of
unclaimed animals presented to the shelter without any identification or known owner as per Indian River
County ordinance 302.07(e)(1), after 3 days for cats and 5 days for dogs and other animals unless
otherwise requested by the County. Per County ordinance,the Society shall make all reasonable attempts
to reunite animals known to be owned prior to adoption or euthanasia Reasonable attempts shall include
accessing current licensing records sending a postcard to the owners last known address using contact
information on owner-provided tags worn by the animals and scanning all animals to detect implanted
microchips.
ARTICLE 5.0-OBLIGATIONS TO THE COUNTY
5.1 COMPENSATION&METHOD OF PAYMENT: The County agrees to pay the Society as follows for
and in consideration of the services as described in this Contract.
$85.00 per animal for each animal received, excluding requested euthanasia, foster pets, and out of
county animals from May 1, 2017 to April 30, 2019
$90.00 per animal for each animal received, excluding requested euthanasia, foster pets, and out of
county animals from May 1, 2019 to April 30, 2020.
The Society shall be entitled to reimbursement for animal stays that extended longer than ten days at a
rate of $10 per animal per day up to a maximum of $12,000.00 per year. The Society shall submit
documentation of the above cited longer animal stays on a monthly basis to the County for
reimbursement in accordance with the Local government Prompt Payment Act
The agFeed upen suFn shall be paid in menthly*Rffements,te be paid within 10 business days afteF Feceipt
of the monthly Animal CeAtFel RepeFt.
5.2 INJURED ANIMALS: Any animals requiring emergency veterinary services for injuries or illnesses
that are deemed treatable but cannot be treated at the Society shall be taken to outside veterinary
services for care. Injured animals recovered or confiscated by Animal Control must be taken directly to a
veterinarian for examination and/or care prior to being transported to the Society.
5.3 MUTUAL OBLIGATIONS: The County and the Society agree that the County will not incur any
further expenses other than noted above after an animal is turned over to the Society. The County
recognizes the scope of housing services provided by the Society is limited to daily operation and normal
occurrence relating to the unwanted pet population in the County(per Attachment A)
The County and the Society mutually agree that in extraordinary circumstances beyond the Scope of
Service in Attachment A, direction from the Board of County Commissioners will be obtained as to
resolution of the unusual event or occurrence.
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The Society and the County hereby each make a commitment to implement when practicable programs
and regulations with the goal of reducing the number of domestic animals overproduced in Indian River
County.
With respect to livestock,the parties acknowledge that the Society has a 3,200 sf barn and approximately
7 acres of fenced pasture.The Society shall accept from the public and Indian River County Animal Control
and law enforcement all livestock that can be housed humanely on or within such premises When
livestock housing at the Society is limited the Society shall assist owners with finding such livestock
responsible homes whenever possible.
ARTICLE 6.0-SECURING AGREEMENT
The Society warrants that they have not employed or retained any company or person other than a bona
fide employee working solely for the Society to solicit or secure this Contract and the Society has not paid
or agreed to pay any person, company, corporations or firm other than a bona fide employee working
solely for the Society any fee, commission, percentage, gift, or any other consideration contingent upon
or resulting from the award or making of the Contract, with the exception of their legal counsel assisting
in the preparation of the Contract.
ARTICLE 7.0-CONTRACTUAL BASIS
The Society shall perform the conditions of the Contract on an independent contractor basis,and nothing
contained herein shall be construed to be inconsistent with this relationship or status.The Society and its
employees are not employees of the County, and are not entitled to the benefits provided by the County
to its own employees.The Society and County shall each file such Federal and State tax returns as may be
required of each of them. The Society, as a private employer, and its employees, are not governed or
bound by any collective bargaining agreements, employment policies, grievance procedures, or
laws/ordinances which may control the relationship between the County, a public employer, and its
employees.
ARTICLE 8.0-APPLICABLE LAW
This Contract shall be governed by the laws, rules and regulations of the State of Florida and Indian River
County relating to Animal Control,Animal Welfare, and Animal Cruelty.
ARTICLE 9.0-INSURANCE
9.1 INSURANCE COVERAGE REQUIRED
A) The Society shall obtain and maintain such insurance or self-insurance as will protect it from: (1)
claims under Workers'-Compensation laws, Disability Benefits laws, or other similar employee benefit
laws; (2) claims for damages because of bodily injury, occupational sickness or disease, death of any
person other than its employees, including claims insured by usual personal injury liability coverage; and
(3)from claims for injury to or insured by usual personal injury liability coverage; and (4) from claims for
injury to or destruction of tangible property, including loss or use resulting therefrom, any or all of which
claims may arise out of, or result from, the services, work and operations carried out pursuant to and
under the requirements of this Contract, whether such services, work and operations be by the Society,
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its employees, or by any sub-consultant(s), subcontractor(s), or anyone employed by or under the
supervision of any of them, or for whose acts any of them may be legally liable.
B) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability
specified hereinafter, or as required by law, whichever is greater.
C) The Society shall require,and shall be responsible for insuring,throughout the time that this Contract
is in effect,that any and all of its sub-contractors obtains and maintains until the completion of that sub-
contractor's work, such of the insurance coverages described herein and as are required by law to be
provided on behalf of their employees.
D) The Society shall obtain, have and maintain during the entire period of this Contract all such insurance
or a self-insurance program as set forth and required herein.
9.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATES
A) The Society,within fourteen(14)calendar days of execution of this Contract,shall submit to the County
all such insurance certificates or self-insurance program documentation as are required under this
Contract. Failure of the Society to submit such certificates and documents within the required time shall
be considered cause for the County to find the Society in default and terminate the Contract. Before the
Society shall commence any service or work pursuant to the requirements of this Contract, the Society
shall obtain and maintain insurance coverage of the types and to the limits specified hereinafter, and the
Society shall file with the County certificates of all such insurance coverages.
B) All such insurance certificates shall be in a form and underwritten by an insurance company(s)
acceptable to the County and licensed in the State of Florida.
C) Each Certificate of Insurance or self-insurance program documentation shall be submitted to the
County in hard copy or electronically.
D) Each Certificate of Insurance shall include the following:
1) The name and type of policy and coverages provided;
2) The amount or limit applicable to each coverage provider;
3) The date of expiration of coverage;
4) The designation of Indian River County, Florida, both as an additional insured and as a
certificate holder. (This requirement is excepted for Professional Liability Insurance and for
Worker's Compensation Insurance); and
5) Cancellation - Should any of the described policies be canceled before the expiration date
thereof;the issuing company will endeavor to mail 30 days written notice to the Certificate Holder
named.
E) If the initial,or any subsequently issued,Certificate of Insurance expires prior to the completion of the
work or termination of this Contract, the Society shall furnish to the County renewal or replacement
Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration.
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Failure of the Society to provide the County with such renewal certificate(s) shall be justification for the
County to terminate this Contract.
9.3 INSURANCE COVERAGES REQUIRED: The Society shall obtain and maintain the following
insurance coverages:
A)WORKERS'COMPENSATION:Coverage to comply for all employees for Statutory Limits in compliance
with the applicable State and Federal laws. In addition,the policy shall include the following:
(1) Employer's Liability with a minimum limit per accident in accordance with statutory
requirements, or a minimum limit of$100,000 for each accident,whichever limit is greater.
(2) Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the County
with thirty(30) days prior written notice of cancellation and/or restriction.
B) COMMERCIAL GENERAL LIABILITY: Coverage must be afforded on a form no more restrictive than
the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office
and shall include the following:
(1)Minimum combined single limit of$500,000.00 for Bodily Injury Liability and Property Damage.
(2) Contractual coverage applicable to this specific Contract including any hold harmless and/or
such indemnification agreement.
C)COMMERCIAL AUTOMOBILE LIABILITY:Coverage must be afforded on a form no more restrictive than
the latest edition of the Commercial Automobile Liability Policy filed by the Insurance Services Office and
must include the following:
(1) Minimum combined single limit of$500,000.00 for Bodily Injury and Property Damage.
(2) Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non-
ownership.
ARTICLE 10.0-RECORDS
10.1 MAINTENANCE OF RECORDS: The Society will keep and maintain adequate records and supporting
documentation applicable to all of the services provided and expenses incurred pursuant to the
requirements of this Contract. Said records and documentation will be retained by the Society for a
minimum of five (5)years from the date of termination of this Contract or for such period as required by
law, whichever is less.
The records and documentation referred to in the above paragraph shall be subject to one (1) annual
audit at a reasonable time during this contract, with at least thirty (30) days written notice; provided,
however, such activity shall be conducted only during normal business hours of the Society and at the
expense of the County, which expense shall not be paid out of or deducted from the compensation
described in Article 5.0. Any such audit shall be limited to records and documentation relating to
revenues and expenditures of funds provided by or due to the County.
ARTICLE 11.0-TERMINATION
11.1 This Contract may be terminated by the County at its convenience, by giving 180 days written notice
to the Society. The County may, if due to the fault of the Society, without prejudice to any other right or
remedy, after 90 days written notice,terminate this Contract if:
A. The Society is adjudged to be bankrupt or insolvent.
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B. The Society makes any assignment for the benefit of creditors.
C. A trustee or receiver is appointed for the Society or for any of the Society's property.
D. The Society files a petition or seeks in any manner to take advantage of any debtor's act or to reorganize
under bankruptcy or any similar law.
E. The Society violates any material provision of this Contract and has failed to cure such violation after
30 days written notice from the County,which describes the alleged violation, and requests cure.
11.2 The Society may terminate this Contract by submitting a written notice to the County dated not less
than 180 days prior to the termination date and stating the reason(s)for such termination.
11.3 Termination is effective on the date specified on the written notice. In any event of termination
under this paragraph,the Society shall be paid for all animals received until termination, and shall retain
all rights and remedies, if any, provided by law.
ARTICLE 12.0-NOTICES AND ADDRESSES
12.1 NOTICES BY SOCIETY TO COUNTY: All notices required and/or made pursuant to this Contract to be
given by the Society to the County shall be given by the United States Postal Services, Certified Mail,
Return Receipt Requested,to the following County address of record:
Indian River County Department of Emergency Services
422543 rd Avenue
Vero Beach, Florida 32967
Attention: Director of Emergency Services
12.2 NOTICES BY COUNTY TO SOCIETY: All notices required and /or made pursuant to this Contract to
be given by the County to the Society shall be made in writing and shall be by the United States Postal
Service, Certified Mail, Return Receipt Requested,to the following Society's address of record:
Humane Society of Vero Beach & Indian River County, Inc.
623077 th Street
Vero Beach, FL 32967
Attention: Michael J. Mandel, Executive Director
ARTICLE 13.0 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Society shall
comply with Florida's Public Records Law. Specifically,the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County 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 in Chapter 119 or as otherwise provided by
law.
(3) 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
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the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Society or keep and maintain public records required by the County to perform
the service. If the Society transfers all public records to the County upon completion of the
contract, the Society shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Society keeps and maintains
public records upon completion of the contract,the Society shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the County,
upon request from the Custodian of Public Records, in a format that is compatible with the
information technology systems of the County.
B. IF THE SOCIETY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772)226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127`h Street
Vero Beach,FL 32960
C. Failure of the Society to comply with these requirements shall be a material breach of this Contract.
ARTICLE 14.0-ACCEPTANCE
Acceptance of this Contract shall be indicated by the signature of the duly authorized representative of
the parties in the space provided.
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IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have
executed this Contract.
HUMANE SOCIETY OF VERO BEACH INDIAN RIVER COUNTY
& INDIAN RIVER COUNTY, INC. Board of County Commissioners
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Signature of Authorized Officer 1 sep E. Flescher, BCC ChairiRf1.
Authorized Officer(Print Name) '••w;LERCOUN��•"'
Witnessed by: Approved by BCC April 18, 2017
Attest:
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
By:
Depu rk
JAPPRO
Jason E. B own, County Administrator
Approved as to Form and Legal Sufficiency
B �
William K. DeBraal, Deputy County Attorney
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ATPACIi192T A—SCOPE OF SERNEW N
A-1Woo of nW arc ,
AoDen .Tha vendor shall accept the approximately 400 to S00 animals
montWy that are brought in by the general public and Indian River Quaty Animal
Control Officers.This shall include live strays,deceased animals for disposal,and owner.
releases for adoption or euthanasia.Animal Control and Law Enforcement offibers must
have access 24 hours per day seven days par week,inchrding holidays,to turn in animals.
A-2 Other Animals.The vendor must accept all animals including exotics,birds and
livestock
A-3 Special Handling.The vendor must ensure that animals with police holds,quarantines or
Pets held in protective custody are kept in an isolated area not permitting ffia public to
have acoess or visits. l
A-4 ,_The best possible care and treatment shall be given to all animals held in custody.
Adequate housing and food shall be provided and the shelter shall not be overpopulated.
The vendor shall have veterinary services available dmmg normal business hours.
Owners will remain responsible for all toutme/emergency veterinary care costs.
A-S A o 'on.The vendor shall make every reasonable effort to prepare and present animals
for adoption by the public.Indian River County Animal Control Officers reserve the right
to do=vicious animals unsuitable for adoption(i.e.Animal with history of vicious i
behavior).
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N A-6 Euthanasia.The vendor shall arrange and/or-provide for the humane euthanasia and i t
disposal of unwanted animals.This slid!be accomplished in a manner approved by
Federal or State regulations,and shall not subject such animals to any unnecessary pain.
I
A-7 os c The_. dor shall pm ' • or the h sal of �
unc ed =hol ' for no fewer, " 7 days,not cknese or'
V r must make all nable to Wunite als
j with wears before thanasis or a to include. smg tensing j
using con ormation on o. provided to oro by ib s and
s all animals to detect implan computer chi !
A-8 Facility Requirements.The shelter shall have an adequate number of dog kennels and cat
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cages,and isolation facilities for quarantined animals.The shelter must be able to provide
an adequate outdoor exercise area for housed animals.The animal shelter shall be ! i
maintained in a clean and sanitary condition.The shelter must be located in Indian River
County.
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I A-9 Licensing. Vendor shall sell Indian River County animal licenses and provide a report
with remittance of such fees to the Animal Control Division by the 10"day of the
i following month.The vendor will receive a processing fee,determined by County
Ordinance,for sale of such licenses.
A-10 Collection of Fees.The vendor shall be responsible for the collection and transmittal of
redemption and impoundment fees to the Indian River Clerk of the Circuit Court on a
weekly basis.
A-11 Records.The vendor shall keep comprehensive records and submit regular monthly
reports by the 10 day of the following month to Indian River County Animal Control.
The report shall at the minimum include the number of impounds,disposition of animals,
duration of stay and location animal was brought in from.
A-12 jaggance,Vendor shall maintain the required levels of insurance coverage at all times.
A-13 Compliance with State and Local Regulations. Vendor must comply with State law and
be properly licensed and-permitted for operating an animal shelter. Vendor must comply
with all local ordinances in operation ofthe shelt4.
A-14 Representation.Vendor must have an employee representative present at the Emergency --
Operations Center(EOC)during exercises and/or activations.
A-15 Emergency Sheltering.Vendor must be available to assist with the intake of pets at the
Pet Friendly Shelter when activated during disasters.
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ATTACHMENT B—COLLECTION AND TRANSMITTAL OF REVENUE TO THE
COUNTY
B-1 The Vendor may retain a processing fee,determined by County Ordinance,for each
license sold at the shelter facility.
B-2 Redemption and Impoundment fees will be transmitted to the Clerk of the Circuit Court
each week beginning one week after the execution of the contract.
B-3 License fees and completed forms will be transmitted to the County Animal Control
Division by the tenth day of each month beginning one month after the execution of the
contract.
S'(" T CSF FLORIDA t
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
LDAT-E�
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F SMITH,CLERK
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