Contract_Amend #1_OCSO_Animal Control Services Official Records File#2024010866 Pagels):11
Jerald D Bryant
Clerk of the Circuit Court&Comptroller
Okeechobee. FL Recorded 10/2/2024 2:15 PM
Fees RECORDING$95.00
M DOCTAX PD$0.00
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT (the "Amendment") is
made and entered into as of this day of or+Ober 2024 by and between
the Okeechobee County Sheriff's Office,Florida, hereinafter referred to as"SHERIFF",and THE
CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, by and through its City
Council, pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida
Statutes), hereinafter referred to as the "CITY", and both parties referred to hereinafter
collectively as the "Parties."
WITNESSETH
WHEREAS, the Parties both have the authority to provide for animal control services for
the residents, businesses and facilities within their respective jurisdictions; and
WHEREAS, the Parties are both desirous of providing animal control services at the most
economical rate possible consistent with state law and the humane treatment of stray and
unwanted animals; and
WHEREAS, the Parties have the power to enter into agreements with other
governmental agencies within their respective boundaries for joint performance, or the
performance by one unit on behalf of the other,or any of either agency's authorized functions;
and
WHEREAS, the Municipal Home Rule Powers Act grants the City all governmental,
corporate and proprietary powers to enable it to conduct municipal government, perform
municipal functions, and render municipal services except when expressly prohibited by law;
WHEREAS, the Parties have the authority to enter into agreements with other persons
to undertake to fulfill some or all of their respective responsibilities for the provision of
animal control services;
WHEREAS, the Parties entered into a certain Interlocal Agreement with an effective
date of November 17, 2020 (the "Agreement"), attached hereto as Exhibit A and
incorporated herein by reference, for the humane collection, housing, maintenance,
observation, and disposition of stray, abandoned, and nuisance animals pending selection of
a new vendor; and
WHEREAS, the Parties desire to amend the Agreement in certain respects as further
described in this Amendment.
NOW, THEREFORE, in consideration of the covenants and agreements set forth
herein, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending
to be legally bound, agree as follows:
I. Amended Provisions of Agreement.
A. Section 1.8 of to the Agreement is amended as follows(underlined typeface
indicates new text; stril ethretigh typeface indicates deleted text):
1.8. Payment. THAT the City shall compensate the Sheriff for the
services described herein, based upon the amount set by the Sheriff based upon
the three year average of most recent pFeceding three year actual cost divided
Page 1 of 4
into four (I) quarterly payments. (Thc first quarter to include retroactive
�, N b a D t a 2mn
i�6iithS- CAA �vcr;rvvei�lvci-unc-veccnTvcr--vrcccrcnu-arTeurz�z�. Payment
shall be made in arrears in quarterly payments thereafter within 15 business
days upon presentation of invoices, expense detail and a detailed activity log
to the City finance office General Services Department by the Sheriff.
B. Section 2.2 of to the Agreement is amended as follows(underlined typeface
indicates new text; striket-lifettgli typeface indicates deleted text):
2.2 Implementation Date. The implementation date shall be
October 1, 2 of each year.
C. Section 2.3 to the Agreement is amended as follows (underlined typeface
indicates new text):
2.3 Recording. A completely executed copy of this Interlocal Agreement
or any amendments thereto shall be filed with the Clerk of the Circuit Court in
Okeechobee County.
II. Miscellaneous.
A. No Other Modifications. Except to the extent specifically provided in this
Amendment,all terms and conditions of the Agreement shall remain in full force and effect.
B. Definitions.All capitalized terms used but not defined in this Amendment shall
have the meaning set forth in the Agreement.
C. Amendments. No amendment may be made to this Amendment unless first
agreed to by the Parties in writing.
D. Counterparts. This Amendment may be executed in one or more counterparts,
each of which will be deemed to be an original copy of this Amendment and all of which,when taken
together, will be deemed to constitute one and the same agreement.
[SIGNATURE PAGES FOLLOW]
Page 2 of 4
IN WITNESS WHEREOF,the Parties hereto have caused this Amendment to be executed as
of the Effective Date.
FOR THE SHERIFF:
SHERIFF OF j ..l HOB : ./UNTY,FLORIDA,
'1
Noel E.Stephen,Sheriff
APPROVED BY:
CITY OF OKEECHOBEE
"1--"/"---/-44". fi
Dowling R. Watford, Jr., or
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ATTEST: H.
ACIALS- PknitA bit,—
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John . Fumero. City Attorney
Nason Yager Gerson Harris & Fumero. P.A.
Exhibit A
Page 3 of 4
I nterlocal Agreement
See attached 7 page document
Page 4 of 4
Official Records File#2020012411 Page(s):7
Sharon Robertson
Clerk of the Circuit Court&Comptroller
Okeechobee. FL Recorded 12/16/2020 1:27 PM
Fees.RECORDING 561.00
INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into by and between the Sheriff of Okeechobee County,
Florida, hereinafter referred to as"SHERIFF",and THE CITY OF OKEECHOBEE, FLORIDA,a Florida
municipal corporation, by and through its City Council,pursuant to thh Florida Interlocal Cooperation
Act of 1969(Section 163.01, Florida Statutes)as of this i 1"day of LD 1T1; 2020.
W ITN ESS ETH
WHEREAS,the Sheriff and City both have the authority to provide for animal control services for
the residents, businesses and facilities within its respective jurisdictions;and
WHEREAS,the Sheriff and City are both desirous of providing animal control services at the
most economical rate possible consistent with state law and the humane treatment of stray and
unwanted animals;and
WHEREAS,the Sheriff and the City have the power to enter into agreements with other
governmental agencies within their respective boundaries for joint performance,or the performance by
one unit on behalf of the other,or any of either agency's authorized functions;and
WHEREAS, the Municipal Home Rule Powers Act grants the City all governmental,corporate and
proprietary powers to enable it to conduct municipal government, perform municipal functions,and
render municipal services except when expressly prohibited by Law;and
WHEREAS,the Sheriff and City have the authority to enter into agreements with other persons
to undertake to fulfill some or all of their respective responsibilities for the provision of animal control
services;and
WHEREAS,the Sheriff and City deem it to be in the best interest of the public health,safety and
welfare enter into an interim Interlocal Agreement for the humane collection, housing,maintenance,
observation,and disposition of stray,abandoned,and nuisance animals pending selection of a new
vendor.
NOW,THEREFORE, in consideration of the premises and of the terms,conditions and covenants
herein contained, it is agreed by and between the parties hereto,as follows:
SECTION I
ANIMAL CONTROL SERVICES
1.1 Unified Services. THAT upon the effective date of this Agreement there shall be one unified
institution for the provision of Animal Control Services within the City of Okeechobee.This institution
shall be the Sheriff of Okeechobee County which shall administer and enforce Chapter 4 of the City of
Okeechobee,Code of Ordinances.
1.2 Duties.THAT the Sheriff shall provide the following services within the geographical
boundaries of the City of Okeechobee,Florida:
(a) Caging for observation of animals in bite situations arising within the incorporated
and unincorporated areas of the City or injury by dangerous dogs as defined by
Chapter 767, Florida Statutes.
(b) Pick up dogs and cats from residents and/or any animal running at-large in the
City.
(c) Provide for the collection,apprehension,caging and maintenance pending
disposition of strays,diseased,injured animals,unwanted animals or animals in
violation of either state statute or City ordinance.
(d) Provide Reasonable first aid as appropriate to alleviate suffering of any sick,
diseased or injured animal, including euthanasia,as provided for in Sections
828.05 and 828.058,Florida Statutes.
(e) Dispose of any animals euthanized or expiring in the care,custody or control of
the Sheriff in accordance with all applicable state statutes, regulations and City
ordinances.
(f) Maintain the Animal Control facility and the animals contained therein twenty-
four hours per day,seven days per week.
(g) Perform the duties of an animal control officer as set forth in City Ordinance and
Florida Statutes.
(h) Pick up any dead animals along City and County rights-of-way if the respective city
public works department is unavailable for services.
(i) Provide any needed items,equipment,materials and personnel to perform the
services contemplated by this agreement
1.3 Certificates.THAT the Sheriff shall issue license certificates for dogs and cats and shall
account for and remit monthly to the City a summary of certificates issued and a Summary of the fines
collected.The Sheriff is hereby designated as the authorized agent of the City for the purposes of issuing
certificates for dogs and cats as required by the City of Okeechobee,Code of Ordinances and/or State
law and to further collect the established fee for said license certificates.Prior to the issuance of any
certificate,the Sheriff shall determine that all requirements have been satisfied by the applicant for such
license certificate before same is issued.
1.4 Humane Treatment. THAT all caging and maintenance of animals governed by this
Agreement shall be in a sanitary and humane manner. Further,the Sheriff shall comply with all state
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statutes, regulations and City ordinances pertaining to animal control,animal shelters,and to the
humane treatment and disposition of animals as defined by Section 828.02, Florida Statutes.
1.5 Necessary Permits.THAT the Sheriff shall obtain any federal,state,City licenses and permits
necessary for it to discharge its responsibilities under this Agreement.
1.6 Euthanasia.THAT euthanasia of animals as permitted herein shall be incompliance with
Chapter 828,Florida Statutes.The persons named in paragraph 1.9,below shall be deemed to be
appointed an"Agent"of the City within the meaning of said Chapter.The Sheriff shall have the full
authority to euthanize in its discretion animals as provided for in Chapter 828, Florida Statutes.
1.7 Hours of Operation.THAT the Animal Control Facility shall be open and available to the
general public during normal business hours which shall include,as a minimum, Monday through Friday,
9:00 a.m.to 5:00 p.m., Eastern time.Collection services shall be provided at a minimum Monday through
Friday,from 8:00 a.m.to 5:00p.m., Eastern time.Temporary changes to the hours of operation may be
made in the sole discretion of the Sheriff to address Sheriff's operational needs.
1.8.Payment.THAT the City shall compensate the Sheriff for the services described herein,
based upon the amount set by the Sheriff based upon the three year average of most recent preceding
three year actual cost divided into four(4)quarterly payments.(The first quarter to include retroactive
months of October, November and December of calendar year 2020.Payment shall be made in arrears
in quarterly payments thereafter within 15 business days upon presentation of invoices,expense detail
and a detailed activity log to the City finance office by the Sheriff.
1.9 Animal Control Officer.THAT the City hereby designates the Current Sheriff of Okeechobee
County as the City of Okeechobee Animal Control Officer. Execution of this Agreement by the City,
constitutes the City's agreement and ratification of this designation.Thereafter,the designated Animal
Control Officer or Officers shall be authorized to enforce the animal control Ordinances of the City of
Okeechobee.The Sheriff shall be permitted to designate either additional or substitute animal control
officer(s).
1.10 Records. THAT the Sheriff shall maintain records of all accounts,invoices for reimbursable
expenses,books,accounting procedures and practices,and supporting documentation for any activities
related to this Agreement,including activity logs documenting complaints and the disposition of those
complaints,for a period of three years from completing performance of this Agreement.Such records
shall be sufficient to permit a proper pre and post audit in accordance with generally accepted
governmental accounting standards and to reflect properly all direct and indirect costs of whatever
nature claimed to have been incurred in accordance with generally accepted accounting standards for
performance under this Agreement.Such examination shall include inspection at all reasonable times of
the Sheriffs facilities,or such parts thereof,as may be engaged in the performance of this Agreement.
1.11 Operations.The Sheriff shall have the sole and absolute discretion to determine the
manner and time in which to meet Sheriff's animal control duties hereunder; nothing container herein
shall in any way limit the independence of discretion of the Sheriff.
SECTION II
MISCELLANEOUS
2.1 Term and Effective Date.The term of this Interlocal Agreement shall commence upon the
approval by both the Sheriff and the City Council and shall continue for a term of one year and may be
renewed for successive one year periods upon approval by both governing bodies.
2.2 Implementation Date. The implementation date shall be October 1,2020.
2.2 Termination. This Agreement may be terminated for any reason by either party upon not
less than thirty{30)days written notice to the other party.
2.3 Recording.A completely executed copy of this Interlocal Agreement shall be filed with
the Clerk of the Circuit Court in Okeechobee County.
2.4 Obligations. Obligations under this Agreement are not an indebtedness of the Sheriff or
City. The respective obligations of each party hereto under this Agreement shall not be an indebtedness
within the meaning of any constitutional,statutory,charter or ordinance provision or limitation of any
party hereto. Neither of the parties hereto are obligated to pay or cause to be paid any amounts due
under this Agreement except in the manner provided herein,and the faith and credit of any party
hereto is not pledged to the payment of any amount due under this Agreement his agreement shall not
require any party hereto to levy or penalties whatsoever further payment of any amount due under this
Agreement.
2.5 Relationship of the Parties. Except as set forth herein,neither party to this Agreement
shall have any responsibility whatsoever with respect to services provided or contractual obligations
assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a
partner,agent or local representative of the other party or to create any type of fiduciary responsibility
or relationship of any kind whatsoever between the parties.
2.6 Assignment.This Agreement,or any interest herein,may not be assigned,transferred or
otherwise encumbered, under any circumstances, by either party without the prior written consent of
the other party.
2.7 Applicable Law.This Agreement shall be construed in accordance with the laws of the
State of Florida.
2.8 Construction. Should any provision of this Agreement be subject to judicial
interpretation,it is agreed that the court interpreting or considering such provision will not apply the
presumption or rule of construction that the terms of this Agreement be more strictly construed against
the party which itself or through its counsel or other agent prepared the same,as all parties hereto have
participated in the preparation of the final form of this Agreement through review by their respective
counsel and the negotiation of changes in language in any provision deemed unsuitable or inadequate
as initially written,and,therefore,the application of such presumption or role of construction would be
inappropriate contrary to the intent of the parties.
2.9• Notices. All notices,consents,or other communications required,permitted or
otherwise delivered under this Agreement,except correspondence and transmittals relating to specific
development orders and permits,shall be in writing and shall be delivered either by hand with proof of
delivery or certified mail, return receipt requested,postage prepaid,or if an email address is provided
below,through electronic medium with electronic confirmation,to the parties at the addresses
indicated below:
2.10 Inner Workings. Animal Control Services will be managed through a Sheriff's Office
Road Patrol Lieutenant or other designee of the Sheriff.Should problems of any kind arise between the
Sheriff's Office and the Okeechobee City Police Department,The Sheriff's Office Lieutenant or designee
and the Okeechobee City Police Department Lieutenant will work together to solve these problems
before taking these issues to the next higher level should a resolution not be able to be completed.
As to Sheriff: Sheriff Noel Stephen
Okeechobee County,Florida
504 N.W.4th Street
Okeechobee, Florida 34972
With copy to: Adam Fetterman, Esquire
General Counsel for Sheriff
1231 SW Sunset Trail
Palm City,Florida 34990
fettermanfirm@gmail.com
As to City: City Administrator
City of Okeechobee
55 S.E.3rd Avenue
Okeechobee,Florida 34972
With copy to: John Fumero, Esquire
City Attorney
55 S.E.3rd Avenue
Okeechobee, Florida 34972
Changes in the respective addresses of the parties may be made from time to time by either
party by notice to the other party given by mail. Notices given in accordance with this section shall be
deemed to have been given five(5)business days after the date of mailing;notices and consents given
by any other means shall be deemed to have been given when received.
2.11 Incorporation of Agreements. This document supersedes any prior negotiations
correspondence,conversations,agreements,or understandings applicable to the matters contained
herein.Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements,whether oral or written. It is further agreed that no modification,
amendment,or alteration in the terms or conditions herein shall be effective unless contained in a
written document executed by the governing bodies of the parties and filed with the Clerk of the Circuit
Court of Okeechobee County.
2.12 Severability. In the event that any provision of this Agreement shall,for any reason,be
determined to be invalid,illegal or unenforceable in any respect,the parties hereto shall negotiate in
good faith and agree as to such amendments,modifications or supplements of or to this Agreement or
such other appropriate actions as shall,to the maximum extent practicable in light of such
determination,implement and give effect to the intentions of the parties as reflected herein,and the
other provisions of this Agreement shall,as so amended,modified or supplemented or otherwise
affected by such action,remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Agreement to be signed by their duly
authorized officers.
As to the City:
, Dowling R.Watford,Jr.Mayor
Cr ;
Attest: (t; �� �' Lane Gamiotea,CMC,City Clerk
Date: AfrAi'
1 •'
Reviewed for Legal Sufficiency: 1 John J. Fumero,City Attorney
/
As to the Sheriff: _ ,7I_/i i Noel E.Stephen
Date: /�� :;1`( )(,)