ORANGE COUNTY, FLORIDA And RESCUE AGREEMENT Related to ANIMAL RESCUE SERVICES THIS AGREEMENT is entered into by and between Orange County, a charter county and political subdivision of the State of Florida ( County ) and ( Rescue ). WHEREAS, the County desires to provide for its residents health, welfare and well-being by reducing the number of stray dogs and cats from the roadways and communities of Orange County; and WHEREAS, the County aims to promote the adoption of stray dogs and cats by the County s residents; and WHEREAS, the Rescue provides food, shelter, adoption, and other services for various cats and dogs, and is a last resort to save animals from euthanasia; and WHEREAS, the County desires the Rescue to assist it in providing for the care and well-being of stray dogs and cats; and WHEREAS, the Rescue desires to assist the County in its effort to care for the well being of stray dogs and cats. NOW THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties agree as follows: Section 1. County Responsibilities. The County shall not pay for the services performed by the Rescue under this agreement. Section 2. Rescue Responsibilities. The Rescue shall: (a) Provide services and care, as outlined in this Agreement, to stray dogs and cats at any time during which the Rescue is open or deems proper for the provision of effective and efficient services. (b) Comply with Orange County Resolution 2005-M-17, Orange County Code Chapter 5, and any additional rules and regulations that may be set forth by Orange County in connection with this Agreement. Comply with all applicable federal, state, county and local laws, ordinances, codes and regulations. The veterinary and other technical services provided to animals in custody of the Rescue shall comply with the professional standards of the Florida Board of Veterinary Medicine and shall be dispensed in compliance with all applicable federal, state and local laws, ordinances and regulations. 1
(c) Comply with Section 828.29, Florida Statutes, commonly called the Pet Lemon Law, which applies to any individual or group not incorporated as a not for profit organization that adopts or sells two (2) litters and/or twenty (20) animals per year, whichever is greater. A copy of the nonprofit application for recognition of exemption to the Internal Revenue Service for 501(c)3 status for the Rescue organization shall be provided to Orange County Animal Services. If the Rescue individual or organization has not or does not intend to file for nonprofit status, the individual or organization may still enter into this agreement with Orange County Animal Services, provided it meets all other requirements of this agreement. (d) Operate in a first-class manner, in accordance with all applicable Florida Statutes, a rescue facility that provides shelter, care, medical treatment, nutrition, transportation, adoption and other services to stray animals. (e) Accept animals from the County through the Orange County Animal Services Division. These animals are either lost, stray, abandoned, or animals that are received from owners who can no longer be kept by their owners for various reasons. The Rescue will ensure that all dogs and cats that are adopted are sterilized. The Rescue shall not sell or donate any animal received from Orange County for the purposes of experimentation or animal testing. (f) Not solicit animals for rescue from citizens while on Orange County Animal Services property, including parking lots and buildings. Any Rescue, Rescue employee or volunteer found in violation of this requirement will be banned from the facility for a period of one year, and the rescue agreement will be terminated per Section 17 of this agreement. (h) Not solicit citizens to adopt or purchase any animal from Rescue while on Orange County Animal Services property, including parking lots and buildings. Any Rescue, Rescue employee or volunteer found in violation of this requirement will be banned from the facility for a period of one year, and the rescue agreement will be terminated per Section 17 of this agreement. Section 3. Rescue s Employees and Volunteers. The Rescue employees and volunteers shall be clean, courteous, efficient, and neat in appearance. All Rescue employees shall have appropriate certifications, licenses and approvals for performance of their services, if applicable. The Rescue employees shall provide efficient and courteous service. The Rescue will appoint one employee or volunteer to attend the County s Rescue Partner training program. Upon completion of the program, the appointed employee or volunteer will be qualified to independently assess the behavior of potential rescue animals selected by the Rescue without the assistance of the County s volunteers or kennel employees. Once assessed, the Rescue will submit its request. Section 4. Term. The term of the agreement shall be for a period beginning as of the date that the agreement is executed by the County for a period of one (1) year. The term of this agreement may be extended for two additional one year periods upon the mutual written agreement of the parties Section 5. Record keeping. The Rescue shall, with respect to this Agreement, keep true and accurate accounts, records, books and data, which shall, among other things, show all services performed for cash, on credit, or otherwise (without regard to whether paid or not), and also, the gross receipts of said business, and the aggregate amount of all sales and services, and all of the business done by the Rescue. 2
The County shall have the right at all reasonable times, and at all ordinary business hours of the day, to inspect and examine such records, cash registers, books and other data relating to the operation of the Rescue. Such records shall include the following items: 1. Total number of animals accepted; 2. Type of medical or other treatment rendered; 3. Amount of funds collected, if any; 4. Disposition of all animals received from the County; i.e. adoption, died, permanent resident, etc.; and 5. Provide veterinary proof of sterilization of all animals adopted (if not performed by the County s Animal Services Division). Section 6. Cleanliness and Inspection of Premises. The Rescue shall maintain its premises in a clean and orderly manner. The County shall have the right at all reasonable times and during ordinary business hours, to inspect and examine such premises, equipment and tools relating to the operation of the Rescue, with or without advance notification. Failure to provide access to records as requested or to the Rescue s premises for inspection and examination (with or without notice) may be cause for termination of this Agreement. The County shall have the right to inspect and examine such premises, equipment and tools relating to the operation of the Rescue prior to execution of this agreement and reserves the right to deny the Rescue status based on said inspection. Section 7. Process of Requests. The Rescue requests will be processed through the County s Animal Services Adoption Coordinator or its designee. Rescue requests will be processed on those animals that have been available to the general public for a minimum of 72 hours. Owner surrenders will be processed after a minimum of 24 hours. The Rescue may not submit an adoption request for an animal in the name of the rescue. The Rescue may only request and receive a maximum of five (5) animals on any given day. The only exception would be a mother with babies. Section 8. Rescue of Animals. Upon notification of approval of rescue request, the Rescue will have forty-eight (48) hours to accept or deny to rescue a specific animal. The Rescue will pick up and pay for the animal at the designated time. Section 9. Schedule of Animal Pick Ups. The Rescue will pick up animals on the following days and times: Monday through Friday, 10:00 am until 12:00 pm (Noon), 2:00 pm until 5:00 pm and Saturday 10:00 am until 2:00 pm. Section 10. The Rescue shall be responsible for making arrangements to foster animals, if necessary. As it related to this agreement, Orange County will not be involved in the foster care of rescue animals. Section 11. Payment of Registration Fee. The Rescue shall pay an annual registration fee of twenty-five dollars ($25.00). The Rescue shall pay a per animal fee of fifteen dollars ($15.00) for each animal rescued. Any rescue organization, which does not meet the nonprofit requirements as stated in Section 2 (c), shall pay a per animal fee of fifteen dollars ($15.00) or the current adoption fee, whichever is less. Any additional fees or fee changes become effective upon approval by the Board of County Commissioners. 3
Section 12. Sterilization of Animals. All rescued animals shall be sterilized before leaving the County Animal Services Division, unless staff veterinarian deems the animal unfit for surgery at that time. In that case, an appointment will be set for the animal to return to the County Animal Services Division for sterilization. When making that appointment, the Rescue shall be limited to three (3) sterilization appointments on any given day. Failure to return an animal for sterilization or missing a scheduled appointment for sterilization may be cause for termination of this Agreement. Section 13. Provision of Medical Supplies. The County shall not provide any drugs or other medical supplies to the Rescue relating to the performance of this Agreement. Section 14. Indemnification. To the fullest extent permitted by law, the Rescue shall be solely responsible for all claims, including but not limited to, suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney s fees, costs and expenses of whatsoever kind or nature, arising out of its acts, errors and omissions in connection with this Agreement, or the acts, errors and omissions of anyone acting under its direction, control, or on its behalf. The Rescue shall, defend, indemnify and hold harmless the County, its agents, employees and officers, at all times from and against any and all liability, loss or expense arising from said claims to the extent allowed by law. Nothing contained herein shall constitute a waiver by the County of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Section 15. Assignment or Subletting. The Rescue shall not assign, transfer, subcontract, pledge, surrender, or otherwise dispose of its obligations to be performed in connection with this Agreement, without prior written consent of the County. Section 16. Signs. The Rescue shall not erect, install, operate, print, not cause nor permit to be erected, installed, operated, or printed on its premises or upon any brochures or other materials, any signs or similar advertising device that describes or refers to the County or to this Agreement, in any manner. Section 17. Termination for Default. The County may, by written notice to the Rescue, terminate this agreement for default, either in whole or in part, upon the occurrence of any of the following: 1. In the event that the Rescue fails to operate as required in this Agreement or in the event that the Rescue is declared to be bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of the creditors. At the discretion of the County, termination under these conditions may be immediate. 2. In the event that the Rescue fails or neglects to perform or observe any of the covenants contained herein on its part and such failure or neglect shall continue for a period of not less than ten (10) calendar days after the County has informed Rescue in writing of the Rescue s default(s) hereunder, and the Rescue has failed to correct such default(s) within said ten (10) calendar days. The termination process for those instances referenced in paragraph 17, section 2 above, shall be as follows: a. A Cure Notice will be issued. The Cure Notice will require the Rescue to correct the problem within a specified period of time, or if correction is not deemed possible within the required time, the Rescue shall submit a specific corrective action plan for the cited deficiencies. 4
b. If the Rescue has not resolved deficiencies cited in the Cure Notice, a Show Cause Notice shall be used. It shall be mailed immediately after expiration of the performance period agreed upon as a result of the Cure Notice and shall give the Rescue a deadline for explaining why the contract should not be terminated. c. The final step shall be termination of the Rescue s contract. There shall be no refund of fees if termination is required. Section 18. Termination for Convenience. This agreement may be terminated for the convenience of the County upon fifteen (15) days prior written notice to the Rescue. Section 19. Independent Contractor. It is understood and agreed that nothing contained herein is intended or should be construed as creating or establishing the relationship of copartners between the parties hereto, or as constituting the Rescue as the agent, representative or employee of the County for any purpose or in any manner whatsoever. The Rescue is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Section 20. Force Majeure. The performance of all covenants herein contained may be postponed and suspended during such period as the performance thereof is prevented by acts of God, accidents, weather and conditions arising there from, strikes, boycotts, lockouts and other labor troubles, riot, fire, earthquake, floor, storm, lightning, epidemic, insurrection, rebellion, revolution, civil war, hostilities, war, the declaration or existence of a national emergency and conditions arising there from, the exercise of paramount power by the federal government, either through the taking of the demised premises or the imposition of regulations restricting the conduct of business therein, acts of enemies, sabotage, interference, restriction, limitation or prevention by legislation, regulations, decree, order or request of any federal, state or local government or any instrumentality or agency thereof, including any court of competent jurisdiction, inability to secure labor or adequate supplies of materials, products or merchandise or any other delay or contingency beyond the reasonable control of County or Rescue. Section 21. Notices. Notices to either party provided for herein shall be sufficient if sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the following addressees or to such other addressees as the parties may designate to each other in writing from time to time: To: Orange County: To : Orange County Animal Services, Attention: Manager 2769 Conroy Road Orlando, Florida 32839-2162 Main Contact Rescue Name Street Address City, State, Zipcode Section 22. Right of Refusal. The County reserves the right to deny the Rescue annual registration status to any organization or individual with a history of prior violations or citations as identified by Orange County Code Chapter 5. The County shall have the right to inspect and examine such premises, equipment and tools relating to the operation of the Rescue prior to execution of this agreement and reserves the right to deny the Rescue status based on said inspection. 5
The County also reserves the right to deny the Rescue status to any organization or individual with a history of prior violations or citations regarding the care and treatment of animals in any other government jurisdiction. Section 23. Liability. The County and its respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the Rescue, its employees, agents, and volunteers. Section 24. Amendments. This Agreement may be amended only through a written document executed by both parties. Section 25. Severability. In the event that any section, paragraph, sentence, clause or provision hereof be found invalid by a Court of competent jurisdiction, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 26. Waiver. Performance of this Agreement by either party, after notice of default of any of the terms, covenants or conditions, shall not be deemed a waiver of any right to terminate this Agreement for any subsequent default, and no waiver of such default shall be construed or act as a waiver of any subsequent default. Section 27. Civil Rights. The Rescue will not discriminate against any person on account of race, color, sex, age, religion, ancestry, national origin, handicap, or marital status in the performance of this Agreement. Section 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Section 29. Litigation and Venue. In the event a party deems it necessary to take legal action to enforce any provision of this Agreement, venue shall be in the Ninth Judicial Circuit in Orange County, Florida. Section 30. Remedies. No remedy herein conferred upon any part is intended to be exclusively 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 31. Headings. The headings or captions of articles, sections or subsections used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. Section 32. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this agreement as stated. 6
Section 33. Entire Agreement. This Agreement contains the entire agreement between the parties. No promises, representations, warranties or covenants not included herein have been or shall be relied upon by either party. Any modifications, additions, or amendments hereto must be in writing, and signed by all parties. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement on the dates indicated below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Joe Benjamin, CPPO, CPPB, FCCM Purchasing Administrator RESCUE Witness: By Title 7
Rescue Information and Waiver Rescue Group Name: Contact Person: City, State, Zip: Phone Number(s): Additional Contact Person: City, State, Zip: Phone Number(s): Breed(s) Rescued: Do you accept only purebreds? Yes No Comments Do you have age restrictions? Yes No Comments Will you rescue heartworm positive dogs? Yes No Comments Will you accept financial and legal responsibility for the animals you rescue? Yes No Do you prescreen potential adopters and foster homes? Yes No Do you receive a fee for placing the animal? Yes No If yes, what amount? I hereby release and waive from liability or responsibility Orange County Animal Services, Orange County, and/or any employees thereof, in the event that any damages to person or property are caused either directly or indirectly by a rescued animal. I agree to abide by the terms of the agreement above for the term of the agreement. Signature: ID Received: Verified and Accepted by; Position: 8
Rescue Information and Addresses: Rescue Name: Contact Person: Additional Addresses: 9