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HomeMy WebLinkAboutResolution No. 1991-24RESOLUTION NO. 91 -24 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL TO ENTER INTO AN AGREEMENT WITH RAYMOND W. FOX TO PROVIDE ANIMAL CONTROL OFFICER SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Mayor and City Clerk are hereby authorized to execute an agreement with Raymond W. Fox for providing Animal-, Control Officer Services within the corporate limits of the City - of Cape Canaveral, Florida; a copy of said agreement is attached hereto and made a part hereof by reference. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2nd day of July 1991. M yo ATTEST: yu C .y. 'Clerk. • •, �'�P,;. �1 Cis ,,'App r ved:l ='as' �o - Form:, •Y n, "Attorney:," I CONTRACT FOR ANIMAL CONTROL SERVICES This agreement dated this ° day of G/ , 1991, by and between the City of Cape Canaveral, Florida, a municipal corporation, hereinafter referred to as "City ", and Wes Fox, Inc., a Florida corporation, hereinafter referred to as "Fox, Inc. ". I. EMPLOYMENT The City hereby employs Wes Fox, Inc., a Florida corporation, as an independent contractor to provide services as an animal control officer to the City from July 3, 1991, until September 30, 1991. II. PERFORMANCE OF CONTRACT Fox, Inc. shall perform all of the duties of an animal control officer more particularly described in Exhibit A to this contract. In addition, Fox, Inc. is to supply his expertise, education and background, and the City shall supply the vehicle, insurances, traps, snares, violation books, uniforms, oil, gas, maintenance of the vehicle, and other paraphernalia to carry out Fox, Inc.'s job, and delivery of animals to proper authorities in the county and private sector. Fox, Inc. shall submit a monthly report on activities as agreed upon by the City Manager. Fox, Inc. shall submit any other such information as required and will cooperate with the City Manager as so directed. III. COMPENSATION Fox, Inc. will be expected to perform fifteen (15) hours per week or seven hundred fifty (750) hours per year. A week is defined as seven ( 7 ) days. Time beyond fifteen (15 ) hours per week must be approved by both the City, specifically the City Manager, and Fox, Inc. Compensation shall be Eight Hundred Thirty -Nine and 45/100 Dollars ($839.45) per average month, or Ten Thousand Seventy -Three and 40/100 Dollars ($10,073.40) per year. On a weekly basis this will amount to One Hundred Ninety -Three and 72/100 Dollars ($193.72). All figures are inclusive of 7.65 percent F.I.C.A. tax. The relationship created by this contract is intended to treat Fox, Inc. as an independent contractor and not a common law employee. Fox, Inc. shall be responsible for paying all income taxes and F.I.C.A. taxes resulting from the compensation paid to Fox, Inc. under this contract. IV. RENEWAL In the event the City Council approves the submitted budget annually, this contract shall automatically be renewable for successive twelve (12) months. V. BILLING Fox, Inc. shall submit invoices to the City Manager's office on the 20th of each month. Payment shall be made the 31st of each month or sooner. VI. INSURANCE Fox, Inc. shall provide evidence of insurance to the City. More specifically, Fox, Inc. shall maintain Workmens, Compensation Insurance and Business Liability Insurance, with the applicable limits of liability as required by the City. Further, the City shall be an additional insured under the aforedescribed policies of insurance. VII. Upon written notice by the City Council within sixty ( 60 ) days prior to the expiration date of the contract, the contract shall be terminated. Upon termination of this contract, all inventory supplied to Fox, Inc. under arrangements of this contract must be returned in the same ,condition as received, prior to final invoice of Fox, Inc. being processed. VIII. HOLD HARMLESS CLAUSE The City and Fox, Inc. each indemnify and will hold the other whole and harmless from any and all manner of action and actions, cause and causes of actions, suits, trespasses, judgments, executions, claims and demands, and losses and damages, any taxes, penalties and interest resulting from a determination by IRS that the City is responsible for withholding of Federal Income Tax and F.I.C.A. tax resulting from the compensation paid hereunder. Costs and expenses of any kind whatsoever, including reasonable attorney fees and court costs, which may be claimed-by any third party to ANIMAL CONTROL OFFICER Nature of Work This is a highly responsible administrative position which includes a wide array of activities involved with the enforcement of City Ordinances. Works in the field to enforce laws and ordinances relating to animal control, and other regulations. Performs a variety of specialized tasks at times under circumstances requiring the use of independent judgment, discretion and diplomacy. This is a "flex- time" position, requiring weekend work, and working an irregular schedule. Work is performed under the administrative supervision of the Building Official. Typical Duties (Illustrative Only Responds to animal control complaints; questions complainants and animal owners to determine nature of violation and explain animal control requirements. Apprehends live, sick, injured and dead animals and transports them to the humane society. Explains Code requirements to the public. Prepares and presents cases before the City's Code Enforcement Board. Keeps records, maintains case files and makes reports as requires. Performs other duties as required. Qualifications Knowledge, Skills and Abilities: Knowledge of the City Code of Ordinances and County Animal Control Ordinaces. Knowledge of animal types and behavior. Skill in interpreting and applying codes to field problems, with firmness and tact, in a fair and impartial manner. Ability to work independently and to make sound decisions based on well established procedures; ability to act calmly and decisively during emergencies and under adverse circumstances. Ability to communicate clearly, both orally and in writing. Ability to establish effective working relationships with City and County employees, law enforcement officers, humane society employees and the public. Education and /or Experience: Graduation from high school or an equivalent recognized certificate, supplemented with five years experience in a position requiring high public contact. Must possess, or be able to obtain, certification as an Animal Control Officer from Brevard County. Or an equivalent combination of training and experience. Exhibit A