2020-09-21 Item VII.F. Ex 10Exh 6i+ to
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MEMORANDUM
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To: Mayor and City Council 1
From: Marcos Montes De Oca, P.E., City Administrator. I
Subject: City Council Additional Agenda Item
September 21, 2020 Meeting
Date: September 21, 2020
Please add the following item to the September 21, 2020 City Council Meeting:
VII. NEW BUSINESS
F. Discuss Animal Control Services (Exhibit 10).
Exhibit 10
9/21/2020
CITY OF OKEECHOBEE Okeechobee City Council
55 SE THIRD AVENUE Mayor Dowling R. Watfor•cl, Jr.
Wes Abney
OKEECHOBEE, FL 34974 Monica Clark
Phone: (863)763-3372 Bob Jarriel
tiviviv. cityofokeechobee. com Bobby Keefe
MEMORANDUM
TO: Mayor Watford and City Council
FROM: Marcos Montes De Oca, P.E., City Administrator
Re: Animal Control Services
DATE: September 17, 2020
To follow up discussion with County and Sheriff, the animal control services
memorandum of understanding (MOU) will sunset on September 30, 2020. A proposed
MOU has been adopted by the County with the Sheriff's Office, and for animal control
services to be provided to our citizens, a similar agreement will also require to be
adopted.
As discussed with the County Administrator, our existing agreement will expire.
Subsequently, the new MOU, if adopted, will be directly with the Sheriff's Office.
The County can not extend this service to City residents at no cost, as this is to be paid
via non -ad valorem funds. This service will only be provided if an MOU is adopted.
I would like additional direction to provide an updated MOU at the first meeting in
October with guidelines of payment, or at Council's discretion, allow the current MOU
and the services to sunset.
Okeechobee County
Board of County Commissioners
304 NW 2nd Street Department: Administration
Okeechobee, FL 34972 Category: Contract
Prepared By: Tracy Rowland
SCHEDULED Initiator: Robbie Chartier
ACTION ITEM (ID # 3111)
SUBJECT: MEMORANDUM OF UNDERSTANDING ANIMAL CONTROL BETWEEN
COUNTY AND SHERIFF'S OFFICE
MEETING: Regular Session November 05, 2015
FINANCIAL IMPACT:
Budgeted in FY15/16 - $367,379.00 from Unincorporated Service Area Fund
REQUESTED ACTION:
That the Board of County Commissioners approve the Memorandum of Understanding
Agreement regarding Animal Control Operations between Okeechobee County and the
Okeechobee County Sheriff's Office to operate and manage all aspects of the Animal Control
Department for an initial one year term, beginning October 1, 2015 through September 30, 2016
upon review and approval by legal counsel on behalf of the Okeechobee County Sheriffs Office
and the County Attorney (if needed).
BACKGROUND:
As the Board is aware, the Sheriff's Office has been operating Animal Control since mid June,
2015, with the intent that they would fully operate the service on October 1st and the budget
would be transferred to the Sheriffs Office.
The transfer to the Sheriff has begun on October 1st and is distributed in the same manner as
other distributions to the Sheriff for other operating areas.
This is a draft Memorandum of Understanding (MOU), still being reviewed the Sheriffs attorney,
which should be complete by Monday, November 2, 2016. The MOU formalizes the
understanding between the parties to ensure a more adequate response from citizens relating
to citations, fines, animal pickup, kennel and animal care.
The County Administrator would recommend approving the Memorandum of Understanding
between Okeechobee County and the Okeechobee County Sheriff's Office, upon review and
approval by legal counsel on behalf of the Okeechobee County Sheriff's Office and the Board of
County Commissioners (if needed).
ATTACHMENTS:
• Memorandum of Understanding between County and Okeechobee Sheriffs Office (PDF)
Page 1
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MEMORANDUM OF UNDERSTANDING
BETWEEN
OKEECHOBEE COUNTY
AND
THE SHERIFF OF OKEECHOBEE COUNTY
FOR THE ADMINISTRATION OF ANIMAL CONTROL
This Memorandum of Understanding (hereinafter "MOU") effective the 1 st day of October,
2015, between OKEECHOBEE COUNTY, a political subdivision of the State of Florida,
(hereinafter the "COUNTY") and the SHERIFF of OKEECHOBEE COUNTY, an independent
constitutional officer, (hereinafter the "SHERIFF".)
WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of Okeechobee County; and
WHEREAS, the COUNTY has historically managed and operated the Animal Control
Department (hereinafter "Animal Control") which provides enforcement of state and local laws,
ordinances, and regulations, within Okeechobee County, Florida, including enforcement of
ordinances promulgated by the City of Okeechobee, Florida (hereinafter the "City"); and
WHEREAS, the SHERIFF is the chief law enforcement officer for the unincorporated areas
of Okeechobee County, Florida; and
WHEREAS, both parties believe that having the SHERIFF manage and operate Animal
Control will be of value to the residents of the COUNTY and will be in the best interest of the
COUNTY's citizens; and
WHEREAS, the parties desire to enter into this MOU to set out the general understanding
of the working arrangement between the parties for the operation and management of Animal
Control and to provide predictability for the parties.
NOW, THEREFORE, the parties set forth the following understandings for the purpose of
memorializing the working arrangement and procedures that have been contemplated by the
COUNTY and the SHERIFF, and in the consideration of the premises, and in the consideration of
the mutual conditions, covenants and obligations hereafter expressed, it is agreed as follows:
1. Recitals. The foregoing recitals are true and correct and constitute a material inducement
to the parties to enter into this MOU. Said recitals are hereby ratified and incorporated
herein by reference.
2. County's Responsibilities. Effective October 1, 2015, and continuing until this MOU is
terminated, the COUNTY's responsibilities shall be as follows:
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4.3.b.a
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4.3.b.a
a. to provide the real property, building, and other improvements located at 1480 NW
CD
25th Dr, Okeechobee, FL 34972 (hereinafter the "Animal Control Facility"), to the
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SHERIFF, for the SHERIFF's use in managing and operating the Animal Control
operation in Okeechobee County;
b. to provide funding to the SHERIFF, for Fiscal Year 2015/2016, in the amount of
$367,379.00, to be paid to the SHERIFF contemporaneously with and in the same
manner as other budget disbursements to the SHERIFF;
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C. to provide to the SHERIFF authority to execute purchase orders as needed for the
management and operation of Animal Control;
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d. to provide funding to the County Attorney for legal services in connection with
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Animal Control litigation; provided, however, that both parties acknowledge that the
County Attorney shall not be deemed or construed to be legal counsel for the
SHERIFF and that this MOU shall not be deemed or construed to create an
attorney/client relationship between the SHERIFF and the County Attorney; and
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e. to transfer Animal Control vehicles to the SHERIFF, for the SHERIFF's use in
aprehending animals.
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3. Sheriffs Responsibilities. Effective October 1, 2015, and continuing until this MOU is
terminated, the SHERIFF's responsibilities shall include the following:
a. to enforce all State, County, and City laws, ordinances, and regulations pertaining to
animal control;
b. to respond to complaints concerning animals running at large, cruelty to animals,
injured animals, and animals creating a nuisance;
C. to apprehend dangerous and vicious animals;
d. to take custody of neglected or mistreated animals, in accordance with the procedures
in F.S. § 828.073;
e. to issue notices of violations to owners of animals in violation of County and City
ordinances;
f. to issue citations to owners of animals in violation of County and City ordinances;
g. to prepare affidavits for issuance of warrants against violations of County and City
ordinances;
h. to work closely with other governmental agencies, the humane society, if any, or
other associations in regard to animal regulations; and
i. to perform such other duties and functions as may be necessary in the furtherance of
animal regulations in the County and the City.
4. Carrying out of Sheriffs Responsibilities: In carrying out the foregoing responsibilities,
the SHERIFF shall:
a. maintain a level of employees sufficient to carry out the responsibilities set forth in
paragraph 3 above;
b. hire, supervise, evaluate, discipline, and terminate all employees within Animal
Control; and if there are any COUNTY employees within Animal Control at the
commencement of this MOU, the SHERIFF shall accept all such current employees
under his budget and continue to provide all salary and benefits, including but not
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4.3.b.a
limited to, health insurance, workers compensation, retirement, accrued vacation,
and accrued sick leave.
C. provide pre-employment services, including but not limited to, a national/state
criminal background check from the Florida Department of Law Enforcement for all
applicants for employment in Animal Control. The SHERIFF agrees to administer
employee applications and screening through its Human Resources Department, and
all authority for employee selection is assigned to the SHERIFF;
d. pay, from the SHERIFF's budget, all remuneration due to employees or on their
behalf, including but not limited to regular wages, overtime, wage adjustments, merit
shift differential, incentive pay, health insurance, workers' compensation, and
retirement;
e.
designate an employee of the SHERIFF's Office as Animal Control Department
Administrator (hereinafter the "Department Administrator"); the supervision of
Animal Control shall be the Department Administrator's primary assignment;
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f.
develop start-up and transition plans to effectuate the provisions of the MOU;
g.
pay, in a timely manner, and in accordance with Florida law, all invoices in
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connection with operation of Animal Control, including but not limited to
veterinarians, food bills, transport of animals, housing/board of animals, and special
services as needed (e.g. farrior services);
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h.
pay, in a timely manner, all utility services and waste removal at the Animal Control
Facility;
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pay, in a timely manner, the cost of cell phones for Animal Control staff and land
phone lines at the Animal Control Facility;
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j.
maintain such insurance as will fully protect both the SHERIFF and the COUNTY�a
from any and all claims under any Workers Compensation Act or Employers Liability
Laws, and from any and all other claims of whatsoever kind or nature to the damage
of property, or for personal injury, including death, made by anyone whomsoever,
that may arise from operations carried on under this MOU, either by the SHERIFF,
or by anyone directly or indirectly engaged or employed by the SHERIFF;
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ensure that SHERIFF's personnel will appear at court proceedings or proceedings of
the Okeechobee County Code Enforcement Special Magistrate to testify as needed,
without requirement of subpoena;
1.
maintain the Animal Control Facility in a clean and professional manner, including
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cleaning of the kennels; the SHERIFF may use trustees to clean the kennels;
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maintain the Animal Control vehicles transferred to the SHERIFF from the
COUNTY; and
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bill the City for services rendered within the City limits.
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Both Parties' Responsibilities.
a. Both parties shall actively pursue, establish, and maintain a business -like,
responsible, and responsive working relationship with each other. During each
calendar month or, as necessary and appropriate on a more frequent basis, the
SHERIFF or the Department Administrator shall meet with the County Administrator
or the County Administrator's designee, to review operations, reports, and other data
information relating to the implementation of this MOU.
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b. The SHERIFF shall operate Animal Control from the budget funds received from the
COUNTY pursuant to paragraph 2.b. above. During the course of operating Animal
Control, the SHERIFF will collect adoption fees and restitution fees. During the
course of operating Animal Control, the SHERIFF may receive donations or grants.
If the SHERIFF receives any of the funding described above funding, same shall paid
to the COUNTY at the end of the Term of this MOU. If the SHERIFF receives
reimbursement of any expenses which do not qualify as direct Animal Control
expenses, the SHERIFF agrees to return said funds to the COUNTY within thirty
(30) days after the SHERIFF becomes aware of improper reimbursement. Payments
on the bills to the City of Okeechobee will be remitted directly to the COUNTY.
6. Term; Termination.
a. Term. This MOU shall have an initial term of one (1) year beginning October 1,
2015, and ending September 30, 2016, unless terminated earlier in accordance with
its terms.
b. Termination at Will. This MOU may be terminated by either party giving not less
than 90 days written notice to the other party; provided, that this provision shall not
be construed to relieve either party from its rights or obligations of this MOU through
the date of the actual termination. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery.
C. Termination for Cause. The COUNTY shall have the right to terminate this MOU
for the SHERIFF'S material non-compliance with the terms and conditions of this
MOU if the SHERIFF fails to cure such material non-compliance within ten (10)
days after receiving notice thereof from the COUNTY, or within such additional time
as the COUNTY may allow.
7. Records; Audit.
a. The SHERIFF shall retain all records supporting costs incurred pursuant to this MOU
for three (3) years after the fiscal year in which the final payment was released by the
COUNTY or until final resolution of matters arising from any litigation, claim, or
audit that started prior to the expiration of the three-year record retention period.
b. The COUNTY reserves the right to audit any and all financial records pertaining to
all income and expenses pursuant to this MOU at any reasonable time.
C. The SHERIFF shall comply with the public records provisions of Chapter 119,
Florida Statutes. Should the SHEIRFF assert any exemptions to the requirements of
Chapter 119 and related law, the burden of establishing such exemption, by way of
injunctive or other relief as provided by law, shall be upon the SHERIFF. Failure by
the SHERIFF to comply with the provisions of Chapter 119, Florida Statutes shall
be grounds for immediate unilateral cancellation of this MOU by the COUNTY.
8. Indemnification.
a. To the extent permitted by law, the SHERIFF shall defend, indemnify and hold
harmless the COUNTY and all of the COUNTY'S officers, agents, and employees
from and against all claims, liability, judgments, costs, damages, interest, penalties,
loss, and expense, including reasonable costs, collection expenses, attorneys' fees,
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4.3.b.a
Packet Pg. 104
4.3.b.a
and court costs which may arise because of the negligence (whether active or
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passive), misconduct, or other fault, in whole or in part (whether joint, concurrent,
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or contributing), of the SHERIFF, its officers, agents, employees or subcontractors
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in performance or non-performance of its obligations under this MOU. The
SHERIFF recognizes the broad nature of this indemnification and hold harmless
clause, as well as the provision of a legal defense to the COUNTY when necessary,
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and voluntarily makes this covenant and expressly acknowledges the receipt of such
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good and valuable consideration provided by the COUNTY in support of these
indemnification, legal defense and hold harmless contractual obligations in
accordance with the laws of the State of Florida. Insurance coverage shall not relieve
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the SHERIFF of its liability and obligation to defend, hold harmless and indemnify
the COUNTY as set forth in this paragraph of this MOU. Such indemnification shall
be in addition to any and all other legal remedies available to the COUNTY and shall
not be considered to be the COUNTY'S exclusive remedy.
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b. The indemnification provisions of this paragraph shall survive the termination of this
MOU.
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C. Nothing herein shall be construed to extend the COUNTY'S liability beyond that
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provided in section 768.28, Florida Statutes.
9. Default.
a. Events of Default by either party are the material failure or refusal of such party to
perform timely any obligation under this MOU.
b. Upon the occurrence of an Event of Default, the non -defaulting party shall provide
written notice to the parties of such event, and such written notice shall contain a
provision for a fifteen (15) day cure period, commencing on the date of the letter.
10. Notices. Any notices or communication required or permitted hereunder shall be in writing
and may be delivered in person or mailed by certified or registered mail, postage prepaid, as
follows:
To the COUNTY: County Administrator
304 NW 2nd Street, Room 123
Okeechobee, FL 34972
To the SHERIFF: Okeechobee County Sheriff's
504 NW 4th Street
Okeechobee, FL 34972
11. Miscellaneous.
a. The SHERIFF shall assure that no person shall be excluded, on the grounds of race,
color, creed, national origin, handicap, age or sex, from participation in, denied the
benefits of, or be otherwise subjected to discrimination in any activity under, this
MOU. The SHERIFF shall take all measures necessary to effectuate these assurances.
b. This MOU represents the entire agreement of the parties. Any alterations, variations,
changes, modifications, or waivers of provisions of this MOU shall only be valid
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4.3.b.a
when they have been reduced to writing duly signed by each of the parties hereto, and
attached to the original of this MOU. The SHERIFF recognizes that any
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Packet Pg. 106
representations, statements, or negotiations made by the County staff do not suffice
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to legally bind the COUNTY in a contractual relationship unless they have been
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reduced to writing, authorized, and signed by the authorized County representatives.
C.
This MOU is binding upon the parties, their successors, and their assigns.
d.
Should any provision of this MOU be subject to judicial interpretation, it is agreed
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that the court interpreting or considering such provision will not apply the
presumption or rule of construction that the terms of this MOU be more strictly
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construed against the party which itself or through its counsel prepared the same, as
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all parties hereto have participated in the preparation of the final form of this MOU
through review by their respective counsel, if any, and/or the negotiation of specific
language, and, therefore, the application of such presumption or rule of construction
would be inappropriate and contrary to the intent of the parties.
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e.
This MOU shall not be assigned by either party without the prior written consent of
the other party and either party shall not enter into any contractual agreement with a
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third party for the performance of any part of this MOU without prior written consent
of the other party.
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f.
Each party agrees to execute and deliver any instruments and to perform any acts that
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may be necessary or reasonably requested in order to give full effect to this MOU.CD
Each party can, and shall use, all reasonable efforts to provide such information,
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execute such further instruments and documents and take such action as may be
reasonably requested by the other party and not inconsistent with the provisions of
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this MOU and not involving the assumption of obligations other than those provided
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for in this MOU to carry out the intent of this MOU.
g.
This MOU shall be governed in accordance with the laws of the State of Florida.
h.
This MOU is being entered into in Okeechobee County, Florida, which shall be the
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venue of any action thereon.
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All headings are for convenience only and are not to be used in any judicial
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construction of this MOU.
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ATTEST:
SHARON ROBERTSON, CLERK
BOARD OF COUNTY COMMISSIONERS
WITNESS
WITNESS
OKEECHBOEE COUNTY BOARD OF
COUNTY COMMISSIONERS
FRANK IRBY, CHAIRMAN
Date:
SHERIFF OF OKEECHOBEE COUNTY
PAUL MAY, SHERIFF
Date:
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4.3.b.a
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4.3.b.a
DEPARTMENT YEAR MAKE/MODEL VIN #
Animal Control.
2007
Ford 150 Regular Cab 4 x 2
1 FTRF12237KD32894
Animal Control
2007
Ford 150 Regular Cab 4 x 2
1 FTRF12257KD32895
Animal Control
2003
Ford F150
1 FTRF18233NB32596
Animal Control
2000
IFord F150
1 FTZF 1 724YNA89220
EXHIBIT "A" Packet Pg. 108
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Attachment: Memorandum of Understanding between County and Okeechobee Sheriffs Office (3111 : Memorandum of Understanding