R07-045
1 RESOLUTION R07-0LfS/
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
5 AUTHORIZING EXECUTION OF AN ANIMAL SERVICE
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
7 AND PALM BEACH COUNTY ANIMAL CARE AND
8 CONTROL DIVISION, FOR THE REIMBURSEMENT OF
9 CERTAIN COSTS ASSOCIATED WITH ANIMAL CARE AND
10 CONTROL SERVICES; AND PROVIDING AN EFFECTIVE
11 DATE.
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13 WHEREAS, the City of Boynton Beach Animal Care and Control Division received
14 a grant from Palm Beach County for reimbursement of certain costs associated with Animal
15 Control services in an amount not to exceed $25,000.00; and
16 WHEREAS, the City Commission of the City of Boynton Beach upon
17 recommendation of staff, deems it to be in the best interest of the citizens of the City of
18 Boynton Beach to authorize execution of this Animal Services Agreement.
19 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
21 THAT:
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Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2:
The City Commission of the City of Boynton Beach, Florida hereby
26 authorizes execution of the Animal Service Agreement with Palm Beach County Animal
27 Care and Control Division, a copy of said Agreement is attached hereto.
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29
Section 3:
This Resolution shall take effect immediately upon adoption.
S:\CA\RESO\Grams\Animal Control Services 040207.doc
1 PASSED AND ADOPTED THIS ~ day of April, 2007.
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3 CITY OF BOYNTON BEACH, FLORIDA
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19 ATTEST:
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S:\CA\RESO\Grants\Animal Control Services 040207.doc
R01- 045"
ANIMAL SERVICES CONTRACT
FOR
PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION
WEST PALM BEACH, FLORIDA
This Contract is made as of the day of , by and
between Bovnton Beach Animal Control (hereinafter referred to as AGENCY whose
federal tax identification number is 59-6000282 ), that is a not-for-profit 501-C-3
corporation in the State of Florida, and Palm Beach County, a political subdivision of the State
of Florida, by and through its Division of Animal Care and Control on behalf of the Board of
County Commissioners, hereinafter referred to as the COUNTY, for the provision of animal
servIces.
WHEREAS, the COUNTY provides various animal services; and
WHEREAS, the AGENCY is able to provide said services for compensation.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
COUNTY and the AGENCY agree as follows:
ARTICLE I-ANIMAL SERVICES
The AGENCY'S responsibility under this agreement is to provide animal services, as more
specifically set forth in the Application and Scope of Work detailed in Exhibit "A". The
Agency shall provide animal services during the period October 1. 2006 through September 30.
2007.
ARTICLE 2 - REIMBURSEMENT RATES FOR SERVICES
The COUNTY may reimburse the AGENCY for services the AGENCY provided hereunder
within the geographical boundaries of Palm Beach County at the following rates:
A. FIELD OFFICER RESPONSE:
1. The rate for providin!! AGENCY response to calls from the public to pick-
up stray or confined animals within Palm Beach County and take the
animal to the AGENCY's Palm Beach County shelter: Rate per Response:
$2S.00
B. ADOPTION MEDICAL and CLINIC SERVICES:
1. The rate for providin!! spavin!! or neuterin!!. micro-chip pin!!. rabies
inoculation and COUNTY rabies ta!! of an animal bein!! prepared for
adoption to a Palm Beach County resident adopter: Rate per Complete
Procedure: $110.00 (Note: Spay or neutering performed by the Palm Beach
County Spay Shuttle are not eligible for reimbursement.)
2. The rate for the AGENCY'S routine adoption medical exam of an animal to
be adopted bv a Palm Beach County resident: $SO.OO
C. KENNEL/SHEL TERING:
1. The daily per-diem cost to house and feed stray or "owner relinquished"
animals from Palm Beach County for UP to five (S) days: $S/dav/animal
Invoices documenting the AGENCY's reimbursement request may be submitted to
Animal Care and Control monthly. The AGENCY shall receive no additional
compensation for performance under this Agreement except as provided for herein and
under no circumstances shall the total value of all combined services exceed
$ 25.000. Twenty Five Thousand Dollars.
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Final Invoice: In order for both parties herein to close their books and records, the
AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the
COUNTY. The final invoice must be received by Animal Care and Control no later
than 5:00 pm on September 30, 2007, the final day of the Agreement period. This
certifies that all services have been properly performed and all charges and costs have
been invoiced to Palm Beach County. Since this account will thereupon be closed, any
and other further charges, if not properly included on this final invoice, are waived by
the AGENCY.
The COUNTY's representative will review invoices received from the AGENCY
pursuant to the agreement. If the invoice has been determined to be in conformity with
the Agreement, it will be approved by the COUNTY's representative and then sent to
the Finance Department for payment. Invoices will normally be paid within thirty (30)
days following the COUNTY representatives' approval.
The COUNTY shall not be obligated to provide the AGENCY with any fringe benefits.
The COUNTY shall not be obligated to withhold u.s. income tax, withholding or social
security tax, unemployment, or worker's compensation payments, and any similar
withholdings. It is expressly understood that the AGENCY is not entitled to participate
in the State Retirement Program.
ARTICLE 3 - MINIMUM REQUIRED DOCUMENTATION
The services described below are only applicable for the reimbursement request submitted by
the AGENCY in Article 2 above that occur or are generated from within Palm Beach County.
The AGENCY shall use reimbursement forms provided by the COUNTY, see attached, or
AGENCY forms approved by the COUNTY. By submitting a request for reimbursement, the
AGENCY agrees to be governed by the laws of the State of Florida and the COUNTY which
pertain to the treatment, care, and sheltering of animals.
A. FIELD OFFICER RESPONSE
The AGENCY shall respond to all requests for the pick up of stray or confined animals
within the geographical boundaries of the AGENCY's normal working areas within
Palm Beach County. For each Field Officer Response that will be reimbursed. as a
minimum requirement. the AGENCY shall submit documents that record: the
date and time the request for response was received bv the AGENCY: the name.
phone number. and address of the person makine the request: the location of the
pick UP of the animal: a description of the animal. includine its species. markines.
sex. any identifviDl! markines. tattoos. ID taes. collars. and any other AGENCY
specific numberine or loeeine of the animal: and verification that the animal was
checked aeainst the COUNTY'S "lost/found" database.
B. ADOPTION MEDICAL AND CLINICAL SERVICES
Animals being adopted from the AGENCY shall be spayed or neutered before the
animal is released to the adopter. A State of Florida licensed veterinarian shall perform
the spaying or neutering procedure. For each spay or neuter that will be reimbursed.
as a minimum. the AGENCY shall submit documents that record: the name of the
veterinarian and his/her State of Florida veterinary license number: the procedure
performed: the specific AGENCY eenerated identification name or number eiven
to the animal beine spayed or neutered: the batch or control number and name of
the manufacturer of the rabies vaccine eiven to the animal: the manufacturers
name and specific unit number of the implanted micro-chip in the animal: the
name and Palm Beach County address of the adopter: and the Palm Beach County
rabies tae number issued for the animal.
Animals available for adoption shall receive a medical evaluation. For each initial
medical examination that will be reimbursed. as a minimum. the AGENCY shall
submit documents that record: the specific AGENCY eenerated identification
name or number eiven to the animal beine evaluated: the name of the person
performine the evaluation: a listine of the procedures performed and their
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findines. if any: and a schedule of medications or treatments as a response to the
diaenostic findines.
C. KENNEL/SHEL TERING
The AGENCY shall kennel or shelter animals generated from within Palm Beach
County according to the minimum criteria established by the COUNTY. For each
animal that the AGENCY will be reimbursed. the AGENCY. at a minimum. shall
submit documents that record: the specific AGENCY eenerated identification
name or number eiven to the animal beine provided shelter: the date the animal
entered the shelter: and the date the animal left the shelter or is still at the shelter
after a five (S) day holdine period.
ARTICLE 4 - PERSONNEL
The AGENCY represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Agreement. The AGENCY shall submit the names
of such personnel who are employees of, or have any contractual relationship with, the
COUNTY prior to the execution of this Agreement. The COUNTY shall determine the extent
of any conflict of interest with the personnel prior to the execution of this Agreement.
The AGENCY shall assure that all of the services performed and required herein shall be
performed by the AGENCY or by personnel under its supervision. All personnel engaged in
performing the services shall be fully qualified and, if required, authorized or permitted under
state and local law to perform such services.
The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the
Agreement will be performed with reasonable care, skill and diligence in accordance with
generally and currently accepted professional principles and practices for similar services.
ARTICLE S - AVAILABILITY OF FUNDS
The COUNTY's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation for its purpose by the Board of County Commissioners.
ARTICLE 6 - INSURANCE
A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times
during the life of this Agreement, insurance coverage and limits (including
endorsements), as described herein. The requirements contained herein, as well as
COUNTY'S review or acceptance of insurance maintained by AGENCY are not
intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by AGENCY under the Agreement. The COUNTY may approve different
coverage and limits if requested by the AGENCY prior to execution of the Agreement.
B. Commercial General Liabilitv The COUNTY requests the AGENCY maintain
Commercial General Liability at a limit of liability not less than $SOO,OOO Each
Occurrence. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted in writing by County's Risk Management
Department. AGENCY shall provide this coverage on a primary basis. The COUNTY
may approve different coverage and limits if requested by the AGENCY prior to
execution of the Agreement.
C. Business Automobile Liabilitv The COUNTY requests the AGENCY maintain
Business Automobile Liability at a limit of liability not less than $SOO,OOO Each
Occurrence for all owned, non-owned and hired automobiles. In the event AGENCY
doesn't own any automobiles, the Business Auto Liability requirement shall be
amended allowing AGENCY to agree to maintain only Hired & Non-Owned Auto
Liability. This amended requirement may be satisfied by way of endorsement to the
Commercial General Liability, or separate Business Auto coverage form. AGENCY
shall provide this coverage on a primary basis. The COUNTY may approve different
coverage and limits if requested by the AGENCY prior to execution of the Agreement.
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D. Worker's Compensation Insurance & Emplovers Liabilitv AGENCY shall maintain
Worker's Compensation & Employers Liability in accordance with Florida Statute
Chapter 440. AGENCY shall provide this coverage on a primary basis.
E. Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured
with a CG 2026 Additional Insured - Designated Person or Organization endorsement,
or its equivalent, to the Commercial General Liability. The Additional Insured
endorsement shall read "Palm Beach County Board of County Commissioners. a
Political Subdivision of the State of Florida. its Officers. Employees and Agents."
AGENCY shall provide the Additional Insured endorsements coverage on a primary
basis.
F. Waiver of Subroeation AGENCY hereby waives any and all rights of Subrogation
against the County, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a
pre-loss agreement to waive subrogation without an endorsement, then AGENCY shall
agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer
of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation
requirement shall not apply to any policy, which a condition to the policy specifically
prohibits such an endorsement, or voids coverage should AGENCY enter into such an
agreement on a pre-loss basis.
G. Certificate(s) of Insurance Prior to execution of this Agreement, AGENCY shall
deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and
amounts of insurance coverage required by this Agreement have been obtained and are
in full force and effect. Such Certificate(s) oflnsurance shall include a minimum thirty
(30) day endeavor to notify due to cancellation or non-renewal of coverage. The
certificate of insurance shall be issued to:
Palm Beach County
c/o Animal Care and Control
7100 Belvedere Road
West Palm Beach, FL 33411
H. Umbrella or Excess Liabilitv If necessary, AGENCY may satisfy the minimum
limits required above for either Commercial General Liability, Business Auto Liability,
and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella
or Excess Liability shall have an Aggregate limit not less than the highest "Each
Occurrence" limit for either Commercial General Liability, Business Auto Liability, or
Employer's Liability. The COUNTY shall be specifically endorsed as an "Additional
Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes
the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis.
J. Rieht to Review COUNTY, by and through its Risk Management Department, in
cooperation with the contracting/monitoring department, reserves the right to review,
modify, reject or accept any required policies of insurance, including limits, coverage,
or endorsements, herein from time to time throughout the term of this Agreement.
COUNTY reserves the right, but not the obligation, to review and reject any insurer
providing coverage because of its poor financial condition or failure to operate legally.
ARTICLE 7 - INDEMNIFICATION
AGENCY shall fully indemnify and save harmless, COUNTY, its officers and employees, and
each and everyone of them, from and against all actions, damages, costs, liabilities, claims,
losses, judgments, penalties and expenses of every type and description, including, but not
limited to, any fees and/or costs reasonably incurred by COUNTY'S staff attorneys or outside
attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively
referred to as "liabilities"), whether at trial or appellate levels or otherwise, to which any or all
of them may be subjected, as a direct or indirect result of any personal injury or property
damage arising from any negligent act or omission or willful misconduct of AGENCY, its
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officers, employees, or agents in connection with the performance or nonperformance of the
Agreement, whether or not such liabilities are litigated, settled or reduced to judgment.
AGENCY shall, upon COUNTY'S request, defend at AGENCY's sole cost any action, claim,
suit, cause of action or portion thereof which asserts or alleges liabilities resulting directly or
indirectly from any personal injury or property damage arising from any negligent aCt or
omission or willful misconduct of AGENCY, its officers, employees, or agents in connection
with the performance or nonperformance of the Agreement, whether such action, claim, suit,
cause of action or portion thereof is well founded or not. In the event that a final decision or
judgment allocates liability by determining that any portion of damages awarded is attributable
to the COUNTY'S negligence or willful misconduct, the COUNTY shall pay the portion of
damages that is allocated to the COUNTY'S negligence or willful misconduct. The existence
or acceptance by COUNTY of any of the insurance policies or coverage described in the
Agreement shall not affect any rights COUNTY may have under this Article. The provisions
of this Article shall survive any termination of the Agreement. Nothing herein shall be
considered to be a waiver of sovereign immunity, nor an agreement to alter the limits of
liability that are set forth in s. 768.28, Florida Statutes.
ARTICLE 8 - SUCCESSORS AND ASSIGNS
The COUNTY and the AGENCY each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Agreement. Except as above, neither the COUNTY nor the AGENCY shall assign, sublet,
conveyor transfer its interest in this Agreement without the written consent of the other, except
that the AGENCY may assign his/her right to receive payment. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of the COUNTY
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the COUNTY and the AGENCY.
ARTICLE 9 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any
other or further exercise thereof.
ARTICLE 10 - CONFLICT OF INTEREST
The AGENCY represents that he/she presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance or services
required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further
represents that no person having any interest shall be employed for said performance.
The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified
mail, of all potential conflicts of interest for any prospective business association, interest or
other circumstance which may influence or appear to influence the AGENCY'S judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
AGENCY may undertake and request an opinion of the COUNTY, as to whether the
association, interest or circumstance would, in the opinion of the COUNTY constitute a
conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the
AGENCY of his/her opinion by certified mail within thirty (30) days of receipt of notification
by the AGENCY. If, in the opinion of the COUNTY, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the AGENCY, the
COUNTY shall so state in the notification and the AGENCY shall, at his/her option, enter into
said association, interest or circumstance and he/she shall be deemed not in conflict of interest
with respect to services provided to the COUNTY by the AGENCY under the terms of this
Agreement.
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ARTICLE II - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The AGENCY shall deliver to the COUNTY'S representative for approval and acceptance, and
before being eligible for final payment of any amounts due, all documents and materials
prepared by and for the COUNTY under this Agreement.
All written and oral information not in the public domain or not previously known, and all
information and data obtained, developed, or supplied by the COUNTY or at its expense will
be kept confidential by the AGENCY and will not be disclosed to any other party, directly or
indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Agreement for or at the COUNTY'S expense shall be and remain the COUNTY'S
property and may be reproduced and reused at the discretion of the COUNTY.
The COUNTY and the AGENCY shall comply with the provisions of Chapter 119, Florida
Statute (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made in
writing by any party pursuant hereto, including but not limited to any representations made
herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSHIP
The AGENCY is, and shall be, in the performance of all work services and activities under this
Agreement, an Independent Contractor, and not an employee, agent, or servant of the
COUNTY. All persons engaged in any of the work or services performed pursuant to this
Agreement shall at all times, and in all places, be subject to the AGENCY'S sole direction,
supervision, and control. The AGENCY shall exercise control over the means and manner in
which he/she and his/her employees perform the work, and in all respects the AGENCY'S
relationship and the relationship of his/her employees to the COUNTY shall be that of an
Independent Contractor and not as employees or agents of the COUNTY.
The AGENCY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation other than specifically provided for in this Agreement.
Subcontracting is not allowed.
ARTICLE 13 - ACCESS AND AUDITS
The AGENCY shall maintain adequate records related to all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion of
this Agreement. The COUNTY shall have access to such books, records, and documents as
required in this section for the purpose of inspection or audit during normal business hours, at
the AGENCY'S place of business.
ARTICLE 14 - NONDISCRIMINATION
The AGENCY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
ARTICLE 15 - ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall bear it's own
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
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ARTICLE 16 - AUTHORITY TO PRACTICE
The AGENCY hereby represents and warrants that he/she has and will continue to maintain all
licenses, designations, certifications and approvals required to conduct his/her business, and
that he/she will at all times conduct its business activities in a reputable manner. Proof of such
licenses and approvals shall be submitted to the COUNTY'S representative upon request.
ARTICLE 17 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provisions, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every other
term and provision of this Agreement shall be deemed valid and enforceable to the extent
permitted by law.
ARTICLE 18 - PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the AGENCY certifies that he/she, his/her affiliates, suppliers,
subcontractors and AGENCY'S who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the thirty-six (36) months immediately preceding the date hereof. This notice is
required by Florida Statutes, Section 287.l33(3)(a).
ARTICLE 19 - NOTICE
All notices required in the Agreement shall be sent by certified mail, return receipt requested,
and if sent to the COUNTY'S representative shall be mailed to:
County Administrator
P.O. Box 1989
West Palm Beach, Florida 33402
and
Animal Care and Control
7100 Belvedere Road
West Palm Beach, Florida 33411
with a copy to:
County Attorney's Office
P.O. Box 1989
West Palm Beach, Florida 33402
and if sent to the AGENCY shall be mailed to:
Boynton Beach Animal Control
P. O. Box 310
Boynton Beach, FL. 33425-0310
ARTICLE 20 - CONTRACT TERMINATION
This Agreement may be canceled by the AGENCY upon thirty (30) days prior written notice to
the COUNTY'S representative. It may also be terminated by the COUNTY, with or without
cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in breach of
this Agreement, the AGENCY shall be paid for services rendered to the COUNTY'S
satisfaction through the date of termination.
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After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the
AGENCY shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in process, completed work, and other materials related to the
terminated work to the COUNTY.
O. Continue and complete all parts of the work that have not been terminated.
ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the AGENCY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto.
ARTICLE 22 - CRIMINAL HISTORY RECORDS CHECK
The AGENCY shall comply with the provisions of Ordinance 2003-030, the Criminal History
Records Check Ordinance ("ordinance"), if AGENCY'S employees or subcontractors are
required under this Agreement to enter a "critical facility" as identified in Resolution R-2003-
1274. The AGENCY acknowledges and agrees that all employees and subcontractors who are
to enter a "critical facility" will be subject to a fingerprint based criminal history records check.
Although COUNTY agrees to pay for all applicable FOLE/FBI fees required for criminal
history record checks, the AGENCY shall be solely responsible for the financial, schedule, and
staffing implications associated in complying with Ordinance 2003-030.
ARTICLE 23 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY
will sign an exemption certificate submitted by the AGENCY. The AGENCY shall not be
exempted from paying sales tax to its suppliers for materials used to fulfill contractual
obligations with the COUNTY, nor is the AGENCY authorized to use the COUNTY'S Tax
Exemption Number in securing such materials.
The AGENCY shall be responsible for payment of its own and its share of its employees'
payroll, payroll taxes, and benefits with respect to this Agreement.
ARTICLE 24 -EXCUSABLE DELAYS
The AGENCY shall not be considered in default by reason of any failure in performance if
such failure arises out of causes reasonably beyond the control of the AGENCY or its
subcontractors and without their fault or negligence. Such causes include, but are not limited
to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight
embargoes, and abnormally severe and unusual weather conditions.
Upon the AGENCY'S request, the COUNTY shall consider the facts and extent of any failure
to perform the work and, if the AGENCY'S failure to perform was without it or its
subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change,
terminate, or stop any of the work at any time.
ARTICLE 25 - ARREARS
The AGENCY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
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AGENCY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms ofthe Agreement.
ARTICLE 26 - CONTINGENT FEES
The AGENCY warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the AGENCY to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the AGENCY, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement.
ARTICLE 27 - MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in Scope of Work, including alterations,
reductions therein or additions thereto. Upon receipt by the AGENCY of the COUNTY'S
notification of a contemplated change, the AGENCY shall, in writing: (1) provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the
contemplated change shall affect the AGENCY'S ability to meet the completion dates or
schedules of this Agreement.
Ifthe COUNTY so instructs in writing, the AGENCY shall suspend work on that portion of the
Scope of Work affected by the contemplated change, pending the COUNTY'S decision to
proceed with the change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment
and the AGENCY shall not commence work on any such change until such written amendment
is signed by the AGENCY and approved and executed on behalf of the Palm Beach County.
ARTICLE 28 - REGULATIONS: LICENSING REQUIREMENTS
The AGENCY shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach
County, Florida has made and executed this Agreement on behalf of the COUNTY and the
AGENCY has hereunto set its hand the day and year above written.
Sharon Bock, Clerk & Comptroller
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By:
By:
Deputy Clerk
Vincent J. Bonvento,
Assistant County Administrator
WITNESSES AS TO THE
ENCY
AGENCY
~;;;e: ~;; L
CITY MANAGER
BOYNTON BEACH, Fl
APPROVED AS TO THE TERMS AND
CONDITIONS
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
By:
County Attorney
Paul W. Milelli, Director
Public Safety Department
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The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
April 23, 2007
PALM BEACH COUN1Y
ANIMAL CARE & CONTROL
7100 BELVEDERE ROAD
WEST PALM BEACH FL 33411
ATTN: LISA RAYMOND
RE: Resolution No. R07-045 - Animal Service Agreement between the City
of Boynton Beach and PBC Animal Care and Control Division for
Reimbursement of Certain Costs Associated with Animal Care and
Control Services
Dear Ms. Raymond:
Attached please find the above-mentioned two (2) partially executed Interlocal Agreements that
were executed in the City of Boynton Beach. I have also included a copy of Resolution R07-
045. As requested, I am returning all originals so that the remaining signatures can be secured.
Please return one fully executed original to my office for our Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours
cm OF BOYNTON BEACH
~ai~~M~
City Clerk
Attachments
c: Scott Blasie, Central File
S:\CC\WP\Letters\Transmitlals to Cities~County-State\2007\R07-045 ~ Animal Services Agreement with PBC ~ 04-23-07.doc
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