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Item C10
C.10 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys � � m�� ���r a�i�]�1 Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: C.10 Agenda Item Summary #7044 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 N/A AGENDA ITEM WORDING: Ratification, retroactively to July 1, 2020, of the Board's approval on 5/20/20 of a five (5) year contract with the Humane Animal Care Coalition for animal control services in the Upper Keys. The cited attachments and exhibits to the contract were inadvertently omitted from the agenda backup and are now included. The contract amount is $325,000/year and it is funded from ad valorem revenues. ITEM BACKGROUND: Staff published a request for proposals in December 2019. There was only one respondent, Humane Animal Care Coalition (HACC). HACC has provided animal control services in the upper keys since the 1990s. The Board approved the contract at the May 20, 2020 meeting. However, the attachments and exhibits were missing. Ratification, retroactively to July 1, 2020 (when the contract was set to begin), is necessary. PREVIOUS RELEVANT BOCC ACTION: 5/20/20 (C19) BOCC approved the Contract; however, the cited Attachments and Exhibits were inadvertently omitted from the agenda backup. The BOCC approved contracts with HACC on 11 MAR 1998, 17 JAN 2001, 17 MAR 2004, and most recently on 18 April 2007. Since that last contract approval, there have been 11 contract amendments including the most recent one for a CPI adjustment effective on 1 July 2019 bringing the annual contract amount to $303, 578.36. CONTRACT/AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval DOCUMENTATION: Packet Pg.392 C.10 Contract UK Animal Shelter approved by BOCC 5/20/20 (C19)with cited Attachments and Exhibits (executed, witnessed, stamped 6/16/20) Monroe Cnty 2020-21 COI(6 16 20 jc) FINANCIAL IMPACT: Effective Date: 1 July 2020 Expiration Date: 30 June 2025 Total Dollar Value of Contract: $325,000 Total Cost to County: $325,000 Current Year Portion: $81,250 Budgeted: Yes Source of Funds: CPI: N/A this year Indirect Costs: Staff time Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: N/A OMB Please add appropriate accounts REVIEWED BY: Paunece Scull Completed 06/22/2020 9:39 AM Tina Losacco Completed 06/24/2020 2:46 PM Kevin Wilson Completed 06/24/2020 3:08 PM Purchasing Completed 06/24/2020 3:42 PM Budget and Finance Completed 06/26/2020 8:09 AM Maria Slavik Completed 06/26/2020 8:18 AM Kathy Peters Completed 06/26/2020 10:33 AM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg.393 CONTRACT (Operation of Upper Keys Animal Control Shelter and Upper Keys Animal Control) THIS CONTRACT, entered this day of , 2020, by and between the Board of County Commissioners of Monroe County, Florida(hereafter"County" or`Board"), and Human Animal Care Coalition, Inc. (hereafter"Contractor"). WHEREAS, County has certain responsibilities under State and County laws to provide animal control services and enforcement of laws related to animals; and a N WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract be entered into with a private provider of such services; LU NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein,the N parties agree as follows: I. TERM OF AGREEMENT: This agreement shall be effective on July 1, 2020, and end at 12:00 midnight on June 30, 2025. The term of this agreement shall be renewable in accordance with Section V. 2 II. AMOUNT OF AGREEMENTIAVAILABILITY OF FUNDS. The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County,Florida, shall pay to the Contractor a sum not to exceed LO THREE HUNDRED TWENTY FIVE THOUSAND and no1100 DOLLARS($325,000.00)per year on a reimbursement basis. Reimbursements will be made not more frequently than monthly. All expenses allowable under this contract will be reimbursed until the not to exceed maximum for the contract year is reached. If this contract is terminated on any date other than the annual anniversary date of the contract,the contractor will repay to the County any reimbursements received that exceed the prorated amount based on the percentage of the contract year elapsed as of that termination date. Allowable expenses will only reimbursed in the contract year in which they were incurred (i.e. expenses incurred in one contract year will not be "rolled forward" for reimbursement in a subsequent year _ just because the prior year's maximum reimbursement was already paid). If less than the maximum reimbursement was claimed in any contract year,those funds shall revert to the County (i.e., unused funds at the end of the contract year shall not be "rolled over" into the next contract year). Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Upper Keys Animal Control Contract Page 1 Packet iPg. 394 C.10.a If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after y the Contractor has received written notice of termination, unless otherwise required by law. III. PAYMENT: Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70 X (F.S.). Payment will be made periodically, but no less than on a monthly basis, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Boards' designated representative. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A- Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, with attached spreadsheet summarizing the expenses, with supporting documentation(e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty (60) days after the termination date of this contract as shown in Article I above. If a reimbursement request is less than the per month reimbursement amount of$27,083.33 (monthly amount), the unused balance will be rolled over and available for future month's reimbursement request within the annual contract period, but unused funds will not be rolled over to the next contract year. The Contractor may seek a request for reimbursement for annual payment on invoices that cover future periods, receipt of goods or services (e.g. insurance premiums, monitoring of alarm systems etc.), but the Contractor must provide a sworn affidavit attesting that any refunds/credits LO of monies shall be repaid to the County together with interest calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor. After the Board and the Clerk of the Board examine and approve the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement. The Contractor must provide to the County the documentation listed in items (a) through (h) at execution of the contract and when it changes or is replaced by an updated copy or upon request _ by the County. Payments are subject to this information being provided: (a) IRS Letter of Determination indicating 501(c)(3) status and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute 496.405, and the Florida Department of State, as require by Florida Statute 617.01201, or proof of exemption from registration as per Florida Statute 496.406. (c) List of the Organization's Board of Directors; for each board member please indicate when elected to serve and the length of term of service; Upper Keys Animal Control Contract Page 2 Packet iPg. 395 (d) Evidence of annual election of Officers and Directors; (e) IRS Form 990 from most recent fiscal year with all attached schedules; y (f) Organization's Corporate By-Laws, which must include the organization's mission, board and membership composition, and process for election of officers; y (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Unqualified audited financial statements from the most recent fiscal year for all; if qualified, include a statement of deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified public accountant(CPA)with a current license, in good standing with the Florida State Board of Accountancy. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA). The CPA must maintain malpractice insurance covering the audit services provided and the County shall be considered an"intended recipient"of said audit. N Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. IV. SCOPE OF SERVICES: A. The Contractor shall provide all staffing,equipment,and supplies necessary to provide complete animal control and enforcement services from Mile Marker 70 to Mile Marker MM 112 including Ocean Reef and the Village of Islamorada, on a twenty-four hour, seven days per week basis, and to operate the Upper Keys Animal Shelter located at 105951 Overseas Highway, Key Largo, Florida 33037, (hereinafter "Shelter"or"service area"). LO I. STAFF: The Contractor will fully staff,operate, and perform all current functions of the Shelter,as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the County Administrator or his designee prior to implementation. The Contractor shall provide a list of employees by name and title, including but not limited to, shelter manager(s) and animal control officer(s). Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: a. The Contractor shall provide all necessary personnel to provide the _ services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. b. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws,regulations,and procedures, including but not limited to 64D-3.028, Florida Administrative Code(F.A.C.)-Procedures Upper Keys Animal Control Contract Page 3 Packet iPg. 396 C.10.a for Control of Specific Communicable Diseases and 64B16-29, F.A.C. - Animal Control Shelter Permits. 3. CARE OF ANIMALS: y (a) The Contractor will receive and properly confine all animals that are brought to the Shelter or which become the responsibility of the Shelter. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age, and physical condition. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s)unless it is in an appropriate cat or raccoon trap. (b) The Contractor shall provide appropriate care for sick and injured animals N in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida, for consultations and/or professional services. (c) The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the County Administrator or a his designee. (d) The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. The Contractor shall provide FIV and Feline leukemia testing for all cats retained in the facility for adoption. 4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter, including kennel areas,cages and euthanasia room,and all equipment in a clean, _ safe, and sanitary manner. 5. ADOPTIONS: (a) The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. (b) The Contractor will provide an adoption service through the Shelter for the purpose of securing suitable homes for adoptable animals. The Contractor Upper Keys Animal Control Contract Page 4 PacketiPg. 397 i shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes. The screening y procedures shall be reviewed periodically by the County Administrator or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "G1" unless modified by written and signed directive from the County Administrator or his designee. N (c) The Contractor shall enforce the provisions of the contract, including, but not limited to,taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. N 6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates and corresponding tags for dogs, cats,and ferrets as required by the Monroe County Code and collect and remit to the County the fees established by the County Resolutions attached hereto as Exhibit"B." The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and tracked, and Contractor is responsible for returning copies of each numbered certificate that is either issued or voided (including tag for all voids) to the County Administrator or his designee on a bi-weekly basis. LO `= N 7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a ca Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: 1. Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature of law enforcement, pick-up of deceased animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a) Prerequisites for certain positions b) Keeping staff current 6. Training provided* shall include: a) Shelter Policies & Procedures (required of all staff, including volunteers) b) Basic Pet Care c) Veterinary Health Care Upper Keys Animal Control Contract Page 5 Packet iPg. 39$ C.10.a d) Animal Behavior e) Animal Handling f) Breed Identification& Characteristics .� g) Obedience Training y h) Behavior Problem Solving i) Counseling Methods j) Conflict Management(required of all law enforcement personnel) -� k) Grief Counseling 1) Telephone Manners and Customer Service Skills *Items a&j must be at least in part provided in a classroom or Q seminar type setting, with live or video teaching. All other trainingch may be self-study, although some in-person or video training is highly recommended. Training shall be provided appropriate to LU the position filled by the worker, whether that worker is an employee or a volunteer. N 7. Adoption Guidelines, which shall absolutely require sterilization of animals prior to release to adopter. Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, and veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. N 8. HOURS OF OPERATIONS: At a minimum: the Upper Keys Animal Shelter LO shall be open to the public from 9:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and 9:00 a.m. to 5 p.m. on Saturday. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties. > B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F1a.Stat. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the County Administrator, or his designee, with copies of the 2 Animal Control Officer Training Program Certificates. 2. Emergency services(24-hours per day/7-days a week) for Priority One calls which are: Upper Keys Animal Control Contract Page 6 PackeT g. 399 C.10.a a. Injured animal; y b. Bite cases;person bit by any warm-blooded creature; C. Animal bites to other animals; y d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis. At a minimum,Contractor shall patrol service area once per week with additional emphasis on areas inhabited by endangered species. X 4. Picking up dogs that are running at-large. N 5. Picking up cats or raccoons captured in cat or raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. 6. Non-emergency animal pick up from residential homes during normal operating hours. 7. Picking up deceased animals along County or City rights-of-way and arrange for proper disposal in accordance with all applicable laws,regulations,and ordinances. 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, `= regulations, and ordinances. LO 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, contact law enforcement and/or Monroe County State Attorney's office to consult on Contractor's investigation, issue citations (Resolution No. 290-2010 and animal > control citation form attached hereto in Exhibit"G3"),and/or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement,the Contractor shall complete all cases originated by Z Contractor including representing the County in court if necessary. cu 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. C. FEES. The Contractor shall collect and remit to the County all funds that are 2 collected for fees, such as license certificates, citations, penalties, adoptions, etc. required to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46 and 4-66, and Monroe County Resolution No. 240-2006, as amended by Resolution Nos. 386-2006 and 599-2006,as same may be amended from time to time;said Resolutions are attached hereto Upper Keys Animal Control Contract Page 7 Packet iPg.400 C.10.a and marked Exhibit"B." Checks received for these fees shall be made payable to Monroe County and remitted directly to the County. In this regard, the Contractor shall issue y numbered receipts and keep appropriate records of all funds received and shall provide to the County Administrator or his designee on a bi-weekly basis copies of daily cash y reconciliation forms, daily bank deposit information and original license certificates that are issued or voided. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County-approved affidavit form to the County Administrator or his designee, said affidavit form is attached hereto and marked Exhibit "G2." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 240-2006, as amended by Resolution Nos. 386-2006 and 599-2006, as same may be amended from time to time;said Resolutions are attached hereto and marked Exhibit"B." The Contractor shall not charge any fees for services at the Shelter unless approved in writing by the Contractor and the Board of County Commissioners in the form of a contract amendment. N In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the County pursuant to Sec. 4-39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the County,and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. D. REPORTS. On a bi-weekly basis, Contractor shall provide the County Administrator or his designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4," as `= same may be amended from time to time. E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate sufficient staff who will be able to remain in the County to care during the disaster for the animals that have not been evacuated and after the disaster for animals not evacuated and any animals that are at large. The Contractor will supply those employees' names, addresses, and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2, or 3 Hurricane or natural disaster. M F. PETS IN SHELTERS: Contractor if possible provide the services designated for the Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. G. NON-.RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor Upper Keys Animal Control Contract Page 8 Packet iPg.40'1 C.10.a the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or y entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. y V. RENEWAL: The County shall have the option to renew this agreement after the original term, for one (1) additional five-year period. The annual contract amount agreed to herein shall be adjusted annually in accordance with the percentage change in the Consumer Price Index(CPI)for all urban consumers (CPI-U)for the most recent twelve(12)months ending in December of each year. The LU annual contract amount will be adjusted on October 1st of each year based on the change in the CPI (all goods, all US consumers, not seasonally adjusted) as of the preceding December. The first such adjustment will be applied on October 1, 2021, and annually thereafter. VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain, and pay all applicable fees for any permits and licenses necessary to operate the Shelter; a list of the currently required permits is attached hereto and marked Exhibit "A." It is the Contractor's responsibility to maintain all permits and licenses, even those not listed in Exhibit"A" that may be required. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described,subject to the terms and conditions set forth in these `= contract documents. Proof of such licenses and approvals shall be submitted to the County upon LO request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VII. INDEPENDENT CONTRACTOR: > At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents, and employees shall not be entitled to any of the benefits, rights, or privileges of County employees. The provider shall at all times exercise independent,professional _ judgment and shall assume professional responsibility for the services to be provided. VIII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall 2 provide services using the following standards, as a minimum requirement: Upper Keys Animal Control Contract Page 9 PackeT g.402 C.10.a A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any y contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, if required,to be authorized or permitted under State and local law to perform such services. IX. UTILITIES: a X The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility accounts will be held in the Contractor's name. X X. VEHICLES: N No County vehicles are provided. The contractor is responsible for providing and maintaining vehicles to provide the contracted service. The County acknowledges the need for up to two (2) vehicles. At the inception of this contract, the current vehicles are 2013 and 2019 models. The County agrees to provide funds to purchase replacements no earlier than when they reach five (5) years of service. The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate its vehicle(s). If County funds are used to acquire any vehicles, then upon termination or expiration of the contract those vehicles will become the property of Monroe County,unless otherwise agreed to by `= the County. N LO XI. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners,and its elected and appointed officers,officials,agents,servants, and employees from any and all claims, demands, or causes of action for bodily injury(including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional wrongful _ misconduct, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor 2 shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. Upper Keys Animal Control Contract Page 10 Packet iPg.403 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements y contained within this agreement. Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the forms identified as ANIMAL E&O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT, WC1, Veterinarian Professional Liability and ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C," and all other requirements found to be in the best interest of W Monroe County as may be imposed by the Monroe County Risk Management Department. General Insurance Requirements As a pre-requisite of the activities governed by this contract(including the pre-staging of personnel N and material),the Contractor shall obtain,at their own expense,the types and amounts of insurance specified herein, which are made part of this contract. The Contractor will not be permitted to commence any activities governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified herein. The Contractor shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated or replaced. N The Contractor will be held responsible for all deductibles and self-insured retentions that may be LO contained in the Contractor's insurance policies. ca The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. M The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material 2 change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving E Upper Keys Animal Control Contract Page I I Packet iPg.404 The Contractor from any liability or obligation assumed under the contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional y Liability coverages. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved By Monroe County Risk Management. N XII. DONATIONS AND GRANTS: X The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: N (a) At any Monroe County Animal Shelter; (b) For the benefit of animals in Monroe County; or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County. Said donations and grants shall be used by Contractor only for the benefit of animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County, unless there is documentation that the donor wanted the donation to be used for any mission purpose,whether in or out of the County, or the fundraising advertisements/fliers and other material make it clear that the funds are to be used `= outside of the County. In the case of donations solicited by third parties on behalf of the LO Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XIII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition,all operating supplies and any additional equipment such as catch-all sticks,cages, and the like shall be the responsibility of the Contractor. The Contractor shall be responsible for making any repairs or maintenance to the real property, including buildings, under $1,000.00. For any repairs or maintenance to the real property, including buildings,which would cost over$1,000.00,the Contractor shall contact Monroe County Upper Keys Animal Control Contract Page 12 Packet iPg.405 C.10.a Public Works. The County will evaluate the maintenance and/or repairs requested by the Contractor,and if deemed necessary,will facilitate the maintenance and/or repairs over$1,000.00. y A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. y Prior to purchasing a capital asset with County funds,the Contractor shall notify and seek approval in writing from the County Administrator or his designee.The Contractor will be required to obtain price quotes for items above $10,000.00 in accordance with the County's Purchasing Policy. The Contractor may be required, if directed by the County Administrator or his designee, to obtain for price quotes for items costing less than$10,000.00. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor shall maintain a list of all capital assets even those purchased without LU County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the County Administrator or his designee, as amended, when N additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant to Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any part thereof, from the premises during the term of this contract, at the expiration thereof or within a reasonable time thereafter;provided,however that Contractor,in doing so does not cause irreparable damage to the premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses of repairing damage caused by such removal. Any damage claims by the Count must be provided, in writing, to the Contractor within fifteen (15) `= days of termination of the contract. LO XIV. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials,medicines and equipment at the Shelter and the inventory > lists prepared therefrom shall be signed by both parties hereto. XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County _ and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s)is(are)correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: Upper Keys Animal Control Contract Page 13 Packet;Pg.406 C.10.a The Contractor shall be responsible for the shelter premises. The Contractor shall: y a) Maintain the Shelter,including kennel areas,cages, and euthanasia room(s)and all equipment y in a clean, safe, and sanitary manner. b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. The Contractor shall be responsible for making any repairs or maintenance to the real property, including buildings, which cost $1,000.00, or less. For any repairs or maintenance to the real property, including buildings, which W cost over$1,000.00,the Contractor shall contact Monroe County Public Works. The County will evaluate the maintenance and/or repairs requested by the Contractor,and if deemed necessary,will facilitate the maintenance and/or repairs over $1,000.00. If such repairs are approved by the LU County Administrator or his designee, the Contractor shall only pay the first One Thousand and 00/100 ($1,000.00) from its Annual Contract Payment Amount, as set forth in Section II above, N the cost regardless of the total cost of said repairs. The Contractor will accept the facilities and equipment in"as is"condition. All operating supplies and any additional equipment such as catch- all sticks, cages and the like shall be the responsibility of the Contractor. c) Contractor shall have the right during the term of the contract to construct, re-construct, re- model,paint,decorate,and re-decorate the Shelter;provided however,that all such improvements to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits, and prior written approval from the County Administrator or his designee is obtained; written approval by the County Administrator or his designee shall not be unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. If at the expiration or termination of the contract the `= Contractor wishes to leave the improvements or personal property at the Shelter, Contractor shall LO obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal property or improvements that a)Contractor leaves on site and b) the County requests removal, the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be > responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract, those assets will become the property of Monroe County, unless otherwise agreed to in _ writing by the County. XVII. FUNDRAISING: The Contractor may not use the Shelter facilities for fundraising events or for selling merchandise or services unless requested in writing and approved in writing by the County Administrator and unless the funds raised, less related costs, are used for the benefit of the animal in Monroe County. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing, but may be made for more than one event or sales program at a time. Upper Keys Animal Control Contract Page 14 Packet iPg.407 i In general, the only financial transactions to be conducted at the shelter shall be for collection of Monroe County fines as listed in Monroe County Code Section 4-39,4-45, 4-46 and 4-66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from y time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4-39 of the Monroe County Code. Contractor shall account separately for all donations and funds received: a) At any Monroe County Animal Shelter; .W b) For the benefit of animals in Monroe County; and c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. Funds raised by the Contractor from fundraising events at the Monroe County shelter and N donations received at Monroe County Animal Shelters shall only be used to benefit the shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose,whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. XVIII. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action LO on the part of any party,effective the date of the court order. County or Contractor agree to comply ca with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended(42 USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of _ drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, 2 relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, Upper Keys Animal Control Contract Page 15 Packet;Pg.408 C.10.a ancestry, sexual orientation,gender identity or expression,familial status or age;and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or y the subject matter of,this Agreement. XIX. INSPECTION OF BOOKS/RIGHT TO AUDIT AND FACILITIES/AUDIT/ a ACCOUNTING: = Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have X reasonable and timely access to such records of each other party to this Agreement for public N records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Scope of Services, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by LO County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees, witnessing the distribution of payroll,verifying payroll computations,overhead computations,observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten(10) years after Final Completion of the Scope of Services. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Scope of Services. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies _ together with interest calculated pursuant to Section 55.03,F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred eighty(180)days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the shelter property, facility, or vehicles at any reasonable time. E Upper Keys Animal Control Contract Page 16 Packet iPg.409 C.10.a XX. PUBLIC RECORDS: Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and y Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. N The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. LO (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public _ records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the Upper Keys Animal Control Contract Page 17 Packet iPg.410 C.10.a County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a y reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. W N The Contractor shall not transfer custody,release, alter,destroy or otherwise dispose of any public LU records unless or otherwise provided in this provision or as otherwise provided by law. N IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 PUBLICRECORDS(a,)MONROECOUNTY-FL.GOV,MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST,FL 33040. XXI. MEDICAL RESEARCH: a N In no event shall any animals under the care, custody, or control of the Contractor be given, bartered, or sold to any medical research company. LO XXII. CAT/RACCOON TRAPS: The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor,the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. XXIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of U this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel Upper Keys Animal Control Contract Page 18 Packet iPg.411 treatment of animals. Any other Contractor breach of this agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility periodically to conduct random open file evaluations during the Contractor's normal business hours. XXIV. TERMINATION WITHOUT CAUSE: W N The Parties may terminate this agreement without cause by providing written notice of termination at least ninety(90)days prior to the date of termination in accordance with the Notice Requirement LU set forth in Section XXX below. N XXV. TERMINATION WITH CAUSE: The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen(15)days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. C. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelter in a clean, safe, and sanitary manner. `= e. Breach of any other term, condition, or requirement of this agreement. LO For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant > written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant _ submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an 2 opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Upper Keys Animal Control Contract Page 19 Packet iPg.412 C.10.a X V1. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obli{ovations under this A. reement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseers by such y Marty or, if it could have been foreseen, was unavoidable: (a) acts of Clod; (b) flood, fire, � earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion., hostilities (whether war is declared or not), terrorist threats or acts, riot,or other civil unrest in the geographic area of the Project; (d)government order or law � in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority -prohibiting work in the geographic area of the Proiect9(eachs a "Uncontrollable Circurn stance'°l, CONTRACTOR'S W financial usability to perform,changes in cost or availability of materials, components,or services, market conditions, or supplier actions or contract disputes will not excuse verformanee by Contractor under this Section, Contractor shall give County written notice within 7 days of"any event or circus nstance that is reasonably likely to result in an Uncontrollable Circumstance, and the antici ated duration of such Incontrollable Circumstance. Contractor shall use all dilivent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are rninirnized and resurne full performance under this Agreement. The County will a not pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only � seek a no cost Change Order for such reasonable time as the Owners Representative may determine. XXVI. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this LO agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. XXVII. COMPLIANCE WITH LAW: In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of _ termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. XXVIII. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract,as provided in Sec. 112.311, et. seq., Florida Statutes. Upper Keys Animal Control Contract Page 20 Packet iPg.413 B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Ch Monroe County. XXIX. FINANCIAL RESPONSIBILITY: The Contractor 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 Contractor fiu they warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. W N XXX. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or N mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and County Attorney 1100 Simonton Street 1111 12t" Street, Suite 408 Suite 205 P.O. Box 1026 Key West, FL 33040 Key West, FL 33041-1026 LO N FOR CONTRACTOR: c, Thomas Garrettson 283 Saint Thomas Avenue Key Largo, Florida 33037 XXXI.TAXES: 2 The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use _ the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. XXXII. GOVERNING LAWS: 0 This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in the 161" Judicial Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. Upper Keys Animal Control Contract Page 21 Packet iPg.414 C.10.a XXXIII. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for y public entity crime may not submit a bid on a contract to provide goods or services to a public entity,may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). X XXXIV. SEVERABILITY: N If any term, covenant, condition or provision of this contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms,covenants,conditions and provisions of this contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this contract would prevent the accomplishment of the original intent of this contract. The County and Contractor agree to reform the contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXXV. BINDING EFFECT: LO The terms, covenants,conditions, and provisions of this contract shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. XXXVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this contract or by Florida law. This Agreement is not subject to arbitration. M XXXVII. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 2 0 XXXVIII. NO PERSONAL LIABILITY: Upper Keys Animal Control Contract Page 22 Packet iPg.415 C.10.a No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this contract or be subject to any personal liability or accountability by reason of execution of this contract. y XXXIX. SECTION HEADINGS: Section headings have been inserted in this Agreement as a matter of convenience for reference only, and it is agreed that such section headings are not a part of this contract and will not be used in the interpretation of any provision of this contract. N XL. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: N (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this Agreement,provide proof of incorporation and a list of its Board of Directors. XLI. ENTIRE AGREEMENT: LO This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. XLII. SURVIVAL OF PROVISIONS: Any terms or conditions of either this Agreement that require acts beyond the date of the term of this Agreement, shall survive termination of the Agreement, shall remain in full force and effect a, unless and until the terms or conditions are completed and shall be fully enforceable by either ply. M IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in two (2) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Upper Keys Animal Control Contract Page 23 Packet;Pg.416 C.10.a By; By. Deputy Clerk Mayor/Chairina.n y (SEAL) CONTRACTOR Attest: By: By- I TRESS N Title: J ' 7nan n c bs Title. At z- .. t +7 r ' 13y. TNESS "Title; : OE COUNTY A'i"CORNEY � AP RO': ASTO FORM: E ASSISTANT COUNTY ATTORNEY t8 06/16/2020 P' LO N 2 !y U 0 !v U Upper Keys Animal Control Contract Page 24 Packet Pg.417 C.10.a ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County y Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. W Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." LU Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are c® attached and certified. LO Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. °3 Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Packet,Pg.418 C.10.a Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses y A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business N trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. �? cv Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state '' that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. .E Packet iPg.419 C.10.a ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street v Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to N Check # Payee Reason Amount x 101 Company A Rent $ X,XXX.XX Lu 102 Company B Utilities XXX.XX 104 Employee A PJR ending 05/14/01 XXX.XX N 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total IX,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, cV these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding LO source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200 by °3 who is personally known to me. .E Notary Public Notary Stamp 0 Packet;Pg.420 C.10.a EXHIBIT "A" CURRENTLY REQUIRED PERMITS FOR ANIMAL CONTROL SHELTERS Permit Agency Address Monroe County Monroe County Tax Harvey Government Center Occupational License Collector 1200 Truman Avenue Key West, FL 33040 Board of Pharmacy Florida Department of 2020 Capital Circle S. E. License Business and Tallahassee, FL 32399 Professional Regulation Controlled Substance United States Drug Enforcement Registration Department of Justice Administration Certificate Washington, D. C. 20537 Permit for vehicles Florida Department of Department of Agriculture and used to transport Agriculture & Consumer Services animal carcasses Consumer Services Division of Animal Industry Mayo Building, Room 332 E Tallahassee, FL 32399-0800 Wildlife permit* Florida Game& 620 South Meridian St. Freshwater Fish Tallahassee, FL 32399 Commission 2 Biomedical Waste Florida Department of 1100 Simonton St. Permit Health Key West, FL 33040 N *According to FWC's website: "The FWC has discontinued its Nuisance Wildlife N Trapping Permit." However, all Proposers are advised to familiarize themselves with LO FWC's rules and regulations regarding nuisance wildlife. http://www.myfwc.com/License/Permits—NuisWild.htm Packet iPg.42'1 C.10.a EXHIBIT `B" PAGE 1 OF 4 RESOLUTION NO. 599-2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE y COUNTY, FLORIDA, AMENDING RESOLUT1,0N No. 386-2006 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS,Resolution 386-2006 was x passed by the Board of County Commissioners on September 20, W 2006 providing for one-year and three-year County licenses,fees for dogs,cats and ferrets and replacement license; and N WHEREAS,a scrivences error resulted in the omission of the 3-year County license fee for cats that are"not spayed'neutered and 6 months ofage or older",2.E.(2)(b);and WHEREAS,the animal control contractors report that there are a sufficient number of pule selecting the three-year vaccine for their pets to make the alternative three-year license also desirable; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: I. Section 2.E.of Resolution No. 386-2006 is hereby amended to read: 2. E. County License: ONE YEAR THREE YEAR (1) Dogs: _ (a)Animal is spayed/neutered or under 6months of age $10 $20 (b)Animal is not spayed/neutered and 6 months of age or older $35 $75 (2) Cats: (a)Animal is spayed/neutered or under 6months of age $10 $20 (b)Animal is not spayed/neutered and 6 months of age or older $35 $ c® CD (3) Ferrets: $6 $10 LO (4)Replacement(per replacement,regardless of years covered) $2 U (5) Dogs and cats with microchips or other means of permanent identification and with n to the %uity or a national identification service current to the owner,shall receive a$5 discount from d, cerc feg -,y PASSED AND ADOPTED by the Board of County Commissioners of Monroe e_ F%da,Qa meeting of the Baud held on the 15th day of November,2006. -,-; -,t Mayor McCoy Yes Mayor Spehar Yes ::� _ 7n Commissioner Neugent Yes -1 `•� a Commissioner Murphy Yes tea Comn)issioner DiGennaro Yes BOARD OF COUNTY COMMISSIONERS (Seal) OF MONROE COUNTY,FLORIDA Attest: DANNY L.KOLHAGE,Clerk By: - e f_f 6 Lk 4 � By: Deputy Clerk MONROE COUNTY ATTORNEY Mayor/Chairman AP VED AS TO `,: - ZANNE A.HUTTON COUNTY O Y E Oats LLB Packet iPg.422 C.10.a EXHIBIT "B" PAGE 2 OF 4 RFcOLUT10N NO 38b- � A RESOLUTION OF THE BOARD OF COUNTY COMMIISSIONERS OF MONROE COUNTY,FLOR DA,AMENDING RESOLUTION NO 240.2996 TO PROVIDE A THREE-YEAR ALTERNATIVE IN THE DOG,CAT 8t FERRET LICENSE FEES. WHEREAS, On No.240-2006 was passed by the Board of Countyroni Ca (BOCC)to revise the fees to be cbarged for various animal control services;and W available in cju>ueion WHEREAS,Resolution No.240-2006 eliminated the attw"vc duce-year _ with the ftw-year rabies v,xi a whkh are adgnmjste ed to some pets;and WHEREAS,the animal control contractor's report that these are a cd uff ent nundw of people selecrin8 the thret-year vaccine for their pets to make the altetladve three-year license also le; PLOW,THEREFORE,BE TT RESOLVED BY THE BOARD OF COUNTY COMM[SSIONERS OF MONROE COUNTY,that: 1. Section 2.E.of Resolution No.240-2006 is hereby amendedto read: 2. �Y� MYEAR E. County License: (a)Animal is spayedineutered or under 6moaft of age $10 $20 (b)Animal is not spaycdtneuteted and 6 months of age or older $35 $75 (2) Cats. entered or 6mondw gage $10 ta)Animal is�Y� (b)Animal is not spayedineutere d and 6 months of age or older $35 , (3) Fem%: $6 $10 N (4)Replacemat(pea replant,regardless of years coveted) $2 CD (5) Dop and cats with micto�or other mean of permanem identification and with reg> oa to dw County or LO a national identification service current to the owner,shall receive a$5 d"Oust from the annual license fee. U PASSED AND ADOPTED by the Board of County Commissioners of Momnoe County,Fluids,at a meeting of the Board held on the 20th day of SelItember,2006. MONROE COUNTY ATTORNEY Mayor McCoy YYA APPROVED AS T RM: O Mayor Spehar � . Commiggiot>ar Neugemt NATILEENE W.CASSM, I" ASSISTANT COUNTY ATTO*EI,y ®° t- .P&ttxsn Absent -i7-Df ���_ �" rn � Data jy y' GetntaTO Yes -q OS %D O BOARD OF COUNTY � p_ r n OF MONROE UlyTYf FIA rt: ci _ KOLKAGE,Clerk rrr �' ao a at By; Glenn 1VItI O U Packet iPg.423 C.10.a EXHIBIT "B" PAGE 3 OF 4 Companion to Alternate Version RESOLUTION NO. 240 -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REPEALING AND REPLACING RESOLU77ON NO. 261-2005 TO PROVIDE CHANGES TO DOG, CAT di: FERRET LICENSE FEES. WHEREAS,Resolufton No. 261-2005 was passed by the Board of County Commissioners(BOCC) v, to require the issuance of a dog license to correspond with the length of effectiveness of the rabies vaccination actually administered;and x WHEREAS,the BOCC has passed OrdGnwwe No. 006-2006 requiring licensure of dogs, cats and ferrets;and N WHEREAS, the BOCC has determined that it is in the best intaWs of the public to change Chapter 3 of the Monroe County Code to also require licensure of ferrets and to change the age at which licenses are required to conform licensure to the State rabies vaccination laws;and WHEREAS,the BOCC has determined that there is no public concern about the fact previously found by the BOCC that calls for pick up of un- and unsprayed dogs at huge exceed such calls for dogs who have been neutered or spayed;and ¢' WHEREAS,it is desired to reduce the angst of pet owners who do not keep their pets from roaming at large, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: I. Resohrtibn No.261-2005 is hereby repealed. LO 2. Fees shall he collected for the following services as specified: SERVICE FEE A *: (1)Fast Time $25 (2)Second Time $50 (3)Third and each additional time within a 12-month period $100 0. *The above pick-up fees shall be doubled if the animal picked up was not vaccinated for rabies. (4)Unaltered cmtmal at large furesl exemption license. If an unaltered animal comes into the shelter,either by being picked up or brought in,there will be an additional$100 fine for the fact that it is unaltered and that fine will be waived if owner or assigned caretaker agrees to alter the animal prior to leaving the shelter. B. ftauUn(per night) $10 C. dA ogli n_ $10 D. QkpamL $10 Ravin Pm 261-2oos I (O mpo"a to the Amad 006.2006 Aitemb Version App 6 2106) 0 CJ Packet iPg.424 C.10.a EXHIBIT "B" PAGE 4 OF 4 E. rmm Li PER YEAR} (1) Dogs: (a)Animal is spayed!neutered or under 6manths of age $10 (b)Animal is not spayed/no and 6 months of age or older $35 (2) Cats., (a)Animal is spayedlneutered or under 6mouths of age $10 (b)Animal is not spsyedtheutered and 6 months of age or older $35 x (3) Ferrets: $6 (4)Replacement $ 2 (5) Dogs and cats with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall receive a $5 discount from the annual license fee. 'Licenses are to be issued on an annual basis. However, any three-year license previously issued in conformity to a three-year rabies vaccine and pursuant to Resoludon 261-2005 shall remain in effect until its natural expiration date. F. QMSM us Dog Certificate of NVi "on 5 (1)First year $100 (2)Annual Renewal $ 50 = G. Litter R on(per litter) $ 50 Litter registration is required before birth. The owner of a pregnant animal shall be messed a litter fee of S50 for each litter.If the liner is not registered,there will be$100 fine for first offense,S250 fine for second offense, $500 fine on third offense. At the first offense, the fine of$100 will be CD waived if owner/caretaker agrees to alter the litter and breeding mother. LO U PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,fVrida,at a meeting ofthe Hoard held on the 21stday of .Tune ,2006. x~ M Mayor McCoy Yes rn,-< -n Mayor S Yes n- r- W o Commissioner Neugent Yes cox ;0 Commissioner Patton Yes es rn Ce►raolissianer Rice Yes `_ BOARD OF COUNVJ COMMISSIONERS (Seat) OF MONROE CO1W FLORIDA Aftest: DANNY L.KOLHAGE,Clerk By. sy. Mayor/Chairmai D Clerk MONROE COUNTY Anoftmgy APP E0 AS it Rahn Rm 261 zoos (ca�onacka an�vAyp6zn06) 2 N A.AUTTON COttN ¢' Packet iPg.425 C.10.a EXHIBIT "C" POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL n General Insurance Requirements y for Animal Control Contracts As a pre-requisite of the work governed, or the goods supplied under this contract(including the pre- staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. X The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. N The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: LO • Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 2 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Packet;Pg.426 C.10.a ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT n BETWEEN n MONROE COUNTY, FLORIDA _ AND X Prior to the commencement of work governed by this contract,the Contractor shall obtain Animal N Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • False Arrest, Detention or Imprisonment • Malicious Prosecution • Wrongful Entry and Eviction • Assault and Battery • First Aid E&O • False or Improper Service of Process • Violation of Property Rights • Violation of Civil Rights The minimum limits acceptable shall be: $1,000,000 Combined Single Limits (CSL) N An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its LO provisions should include coverage for claims filed on or after the effective date of this contract. In U addition,the period for which claims may be reported should extend for a minimum of twelve(12) months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or > related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 ANIMAL E&O Packet;Pg.427 C.10.a EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA n AND x The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty N Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts c the Contractor's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: N $100,000 per Occurrence N CD LO ED2 Packet iPg.428 C.10.a GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND n Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage ca An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its `= provisions should include coverage for claims filed on or after the effective date of this contract. In LO addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 GLAnimals Packet;Pg.429 C.10.a VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND x N Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: N • Owned,Non-Owned, and Hired Vehicles • Physical Damage Protection The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, the Monroe County Board of County Commissioners shall be named as "Loss Payee"with respect to the physical damage protection. �? N LO N Packet;Pg.430 C.10.a WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN y MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' W Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer,the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, �? providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. InLO addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 2 WC1 Packet iPg.431 C.10.a VETERINARIAN PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA y AND Recognizing that the work governed by this contract may involve the providing of professional W veterinarian services, the Contractor will purchase and maintain, throughout the life of the contract, Veterinarian Professional Liability Insurance which will respond to the rendering of, or failure to render Veterinarian professional services governed by this contract. The minimum limits of liability are: N $300,000 per Occurrencel$750,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. If the Contractor does not employ any veterinarians and all such services are provided by independent veterinarians, this requirement can be satisfied if the Contractor obtains evidence that the independent veterinarian maintains the required insurance. LO N Packet;Pg.432 C.10.a ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ y COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND X N Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or LU rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Failing Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. LO N 2 0 Packet iPg.433 C.10.a MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL n Indemnification and Hold Harmless n for _ Other Contractors and Subcontractors The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and N employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional wrongful misconduct, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier,their employees, or agents. In the event the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. a N The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. LO TCS 2 Packet iPg.434 C.10.a RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney,the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. N Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is a desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. LO After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. Packet iPg.43!5 C.10.a MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. y Contractor: Contract for: Address of Contractor: x N Phone: Lu Scope of Work: Reason for Waiver: Policies Waiver will apply to: W cv LO cv Signature of Contractor: Approved Not Approved Risk Management 2 Date County Administrator appeal: Approved: Not Approved: Date: M Board of County Commissioners appeal: Approved: Not Approved: Meeting Date• 0 Packet;Pg.436 C.10.a EXHIBIT "D" NOT USED Lu N N CD Lo 0 u Packet iPg.437 i EXHIBIT "E" NOT USED EXHIBIT "F" y NOT USED N N N CD Lo Packet;Pg.438 C.10.a EXHIBIT "Gl" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT y (ORGANIZATION'S NAME} Monroe County, Florida This Agreement is entered into between (name of Adopter), the "Adopter," and name of organization), the "Agency"this (day) day of month), 20_ In consideration of the mutual promises contained herein, the above stated parties hereby agree as W follows: 1. Agency shall release to Adopter the animal described in Receipt No. LU 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any N medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. `= 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the LO adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for > such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances _ in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. 0 (Signature of Adopter) (Signature of Agency Representative) Packet;Pg.439 C.10.a EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES y (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certify that: 1. 1 am the owner of (name(s) of animal(s) who are, respectively, and (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to , $ (date of 1st charge) (date of last charge) N has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay(check one) 1)the charges (or) 2) any more than$ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in �? household. N (B) I do not have cash(including checking and savings account) in excess of$500.00. LO (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly ca describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this_day of , 201 by who is personally known to me or who produced ,as identification. Notary Public - State of Florida at large Concur Animal Control Director Concur County Administrator Packet;Pg.440 C.10.a EXHIBIT 66G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RE'.$[)LL TION NO. 290 .2010 y A RESOLUTION OF THE MONROE "OF CO CO SS ONTRS OF 1.ONROE CO UM, FLORMA, APPROVING THE ANIMAL CONTROL CITATION TO BE USED PURSlUAW TO SELMON 4.Id OF TRF MONROE, COUNW CODE. x WEMRM,pursuant to Worm County Code(MCC)Section 4-46,upon observing a violation of Chapter 4 of the.MCC,an animal control supervisor at animal control officer,or any other taw enforcement officer,may issue a citation;and LU NVVIRIEAS.the arrin at control-citation used Khali be in substantially the same farm as approver!by Boar4 restalutirm;and N WHEM&the animal control citation should be apprtrvW by the Board of County E Commissionem ror the purpose or ensuring enforcement of the Mottme County Animal Control Ctrdinaaw,and 'WHEREAS, Section 4.46, MCC sets forth the gaited information do shall be � coamined in the citatim, NOW THEREFORE,RE, BE IT RESOLVED BY THE BOARD OF rCOUNlY COMMIONERS,OF MONROE COUNTY,FLORWA,TRA f: 1. The Board or county Comminianers of Monroe County approves the unisnal �? contest eitetignn sftached hereto and, pursuuant to Sec 446 of Me Monroe County Code, requires ad animal contrut contractors on citeeions in saboloetWy the same roan as appoved hersin. U PAWED AND ADOPIT.D by the Board of County Commissioners of Munroe U County,Florida,on this 1 Sth day of Sqnanbar.2010. .-r Mayo Sylvia Murphy Ye. Mayor!fie Tem Iieattrer C9rricthe+e Yen i i Commissioner Kim Wigin;gton Yea CnmmiWow George Newt Yes w •3 . Commissioner Mario Di Gertnaro Yea � _ tr (SEAL) BOARD OF COUNTY Cfl ' O1 & S,-;' Attest:DANNY L.KOT>KAGF„CLERK OF MONROE COUNT�Y,T-Wj� RIDA By;_� t - �4a LL1+rYfzM'7 By-_._ Deptay Clork Miyar/Chairperson `AONROE COUNTY APP o../ :� TQ FORM � CKRISTINE N. $k+wrw,-@ARR4YdS ASbi3TAN 011 f4�'VYr'.-T01;N=Y 0 U Packet iPg.441 C.1O.a Board of County Commissioners,Monroe County,Florida Animal Control Division In the County Court,In and for Monroe County,Florida Citation No. y Citation Date: Time: In the same of Moaroe County,Florida: the undersigned certifies that helshe had just and reasonable grounds to believe,and does believe that First Name Middle Last Name (Nam of theOwner/Alleged Violator) x Suet Address City State zip N On the day of 20 .at A.M I P.M.at non) X Monroe County,Florida,did comatit the following offeasc(s),contrary to laws. Facts constituting probable cause/elements of off 0) Animal t(if av te) U Name: Breed: Color: Sex: SpayJN ❑ANIMAL AT LARGE,SEC.447(a) ❑Doe BrrE.SEC.4.75(f) Q NO CURRENT RABIES VACCINATION.SEC.4.64 O ❑NO VALID COUNTY LICENSE SEC.4.65 Q FAILURE TO PROVIDE ADEQUATE SHELTER,SEC.4-810) ❑ S)CONFINED IN VENHICLE,SEC.4.8l(s) ❑FAILURE TO NEUTER DOGS,CATS,RABBITS,SEC.4.64(a) fJ ❑OTHER VIOLATION SEC.4. CV Where triable in County Court; Lower Keys Division-Monroe County CouithouscAnnex,302FIeming Street,Key West,FL.33040;or Middle Keys Division-Marathon Branch Courthouse,3117 Overam Highway.,Marathon,FL 33050;or to Upper Keys Division-Upper Keys Government Center,88820 Overseas Highway,Plantation Key,Florida 33070 On: th} (Day),20 at A.M.1P.M.Judge: Courtroom:- ❑IT IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE iuc AND PLACE RECORDED ABOVE. Q YOU NEED NOT APPER IN COURT ON THE DATE ABOVE,BUT MUST COMPLY wrnff THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ISSUING OFFICER DATE: > SIGNATURE PRINT NAME AND TITLE: I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S)CHARGED OR,IF THE OFFENSE(S)CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE,TO PAY A tU CIVIL PENALTY IN THE AMOUNT OF$ IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT,IF I DO N"(YT APPEAR IN COURT TO COS I'EST THE CITATION OR PAY THE CIVIL PFNLTY' WITHIN TEN$10)DA I'S OF RATE OF THIS CITATION(EXCLUDING SA`URDAY,M NDAY°S AND HOLIDAYS),I MIALL HA 'MN EEMED 70 WAIVE MY RIGH`I"t"O CONTEST THE CITATION AND IN S1ICH CAST"JUDGEMEN T MAY BE ENTERED AGAINST ME UP TO I..IIE NVIA IMUM AMOUNT OF THE CIVIL.PENALTY OF$S00. IN ADDITION,FRILL CE'TO CO1B PIA WAY ALSO RESULT IN AN ORDER TO � SHOW CRUSE TO HE I UED FOR DIY APPEARANCE IN COURT,WHICH MAV 1<13I1THER RESULT UL;1`IN REINC KEh D IN f,ONTEMI-r OF � COUR'L Cb sffi SIGNATURE OF O ALLEGED VIOLATOR DATE O SIGNATURE IS Nff AN AD ION OF GUILT U (Note:Front of citation) W Packet iPg.442 C.10.a INSTRUCTIONS If the officer marked an"X"in the box preceding the words"YOU NEED NOT APPEAR IN COURT".You may answer this �+ sumrnons by either of the following methods: i. If you desire to plead GUILTY or NOLO CONTENDERE(No Contest)you must WITHIN 10 DAYS of the issue of this citation,(Saturdays,Sundays and Holidays excluded)MAIL this notice with a Cashier's Check or Money Order for the prescribed amount for the violation charged,payable to CLERK OF CIRCUIT COURT,to the address checked below, (DO NOT MAIL CASH OR PERSONAL CHECKS);or you may appear at the address checked below,between the hours of 8:30 A.M.&5:00 P.M.,Monday--Friday(Saturdays,Sundays and Holidays excluded)and pay the prescribed amount. ❑ Lower Keys Clerk's Office(or Middle or Upper Keys Clerk's Office as appropriate) 500 Whitehead St.,Suite 101,Key West,Florida 33040 X X AMOUNT TO BE PAID:S N Note: Whichever your method of payment,you must sip the"PLEA OF GUILTY OR NOLO CONTENDERS AND WAIVER OF RIGHTS."below and return it to the Clerk with your check. 1 YOU MAY APPEAR IN COURT by requesting a court hearing on this charge. Your request MUST be made in person by appearing yourself or through an attorney at the address and time specified on the front side of this citation.This copy of the Notice to Appear must be presented to the court at such appearance. PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court;I,the undersigned,do hereby enter my appearance on the affidavit for the offense(s) charged on the other side of the citation.And waive the reading of the affidavit in the above named cause and the right to be present at the trial of such action. I hereby enter a plea of❑GUILTY OR❑NOLO CONTENDERE(No Contest)for the offense(s) charged.I waive my right to defend against such charge(s)or to appeal any error in such proceedings. I understand the nature of the charge(s)against me. I plead,as indicated above,to the charge(s)being fully aware that my signature to this plea will have the same effect as judgment of this Court. CJ CD Signature C44 CD to Address CJ Signature of person taking waiver if presented in person Title:(Clerk,Deputy Clerk) > 2 O (Note:Back of citation) Packet iPg.443 C.10.a EXHIBIT "G4" FORMS REQUIRED TO BE USED BY CONTRACTOR MONTHLY STATISTICAL REPORT FORM Inc. ANIMAL SHELTER DATA FOR MONTH OF: y Other Animals DOGS CATS how many what,.., Animals Brought In: Animals Picked Up: Animals Adopted: f Animals Redeemed: Animals Transferred*: vs Animals Escaped: Animals Born at Shelter: Animals DOA: ns Animals Euthanized— N **number sick,injured,or dangerous r r � Animals on Hand NOTES: Service Calls: Bite Reports: *List how many,type of animal and where animal was transferred Cruelty Cases: �+ r CD tJ N COUNTY FEES COLLECTED N LO Failure to Spay/Neuter: CJ Exemption License: License: Pick-Up Boarding: Adoption: ¢- Disposal: M Euthanasia: Total County Fees Collected: $ - Other Fees Collected: Donations: REPORTED BY: Grants: Date Reported: Fundraisers: Other: I � $ - Packet iPg.444 C.10.a MONROR s of E nAAMA 'a CA nul a for. v Ad y a _ x N r 7 _ 5 x LU ftwofwodc C' tper Kags E f v i� ,r AA- ftfidw » walW' .......... ` R N 0. �• • -4 . N LO Ddo 05-Q5-2020 2 ru 0 c� 1 Packet iPg.445 C.10.a Scull-Paunece From: Slavik-Maria Sent: Tuesday, May 5, 2020 3:45 PM v, To: Scull-Paunece Cc: Flatt-Jaclyn;Wilson-Kevin y Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers, July 1, 2020 Contract. Attachments: waiverUPPERKEYSAN I MALSH ELTER.pdf eecie, Per our conference call of this afternoon, both Sid and I concur that the insurance requirements can be waived as per r. Garretson's email of May 41h. Please see below RiskManagement's comments. I am attaching the approved waiver Thank you, N From:Sid Webber<sid.webber@interisk.net> Sent:Tuesday, May 5, 2020 3:08 PM To:Slavik-Maria <Slavik-Maria@MonroeCounty-FL.Gov> Subject: RE: Upper Keys Animal Shelter Request for Insurance Waivers,July 1, 2020 Contract. CAUTION Maria, N Based on Kevin ilson's opinion that the building is not worth insuring it is believed that all of the required insurances LO the Upper Keys Animal Shelter is requesting to be waived can be waived. Please see my comments(in red font) below regarding each of the coverages. Please do not hesitate to call if you have any questions or concerns. Sid Webber Interisk Corporation (813) 87-1040 0 From:Slavik-Maria [mailto:Slavik-Maria(@MonroeCounty-FL.Gov] Sent:Tuesday, May 5, 20201:56 PM m To:Sid Webber<si � .(IL interisk n t> _ Cc:Scull-Paunece<Scull--Paunece@MonroeCounty-FL.Gov> Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers,July 1, 2020 Contract. Sid, Please advise on the attached. I believe you gave us your recommendation before but would like to attach your recommendation to the waiver. o Thank you, i Packet;Pg.446 From:Scull-Paunece<Scu 11-Pa un,ece @Mon roeCountv-FL.Gov> Sent:Tuesday, May 5, 2020 1:46 PM To:Slavik-Maria <Slavik-Maria MonroeCounty- Gov> .............. ......00......00000......0000......0 ...................... Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. E Did we forward the form and Mr. Garrettson's email to Sid? Is it true these have been waived by Risk in the past? If it is still denied then complete the form so we have a formal decision from Risk. Neecie Paunece Scull Assistant County Attorney Monroe County Attorney's Office 1111 12 th Street,Suite 408 Key West, Florida 33040 (305)295-3170 (305)292-3516 (facsimile) From: Marsha <1fg_err P_q_q.Lgom> Sent: Monday, May 4, 2020 11:55 AM E To:Slavik-Maria<SIavik-Maria@Monr-oeCounty-FL. > Cc:Scull-Paunece<S cull-Paunec MonroeCoun &L@--------------!tK-EL..g2Y> Subject: Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. cv cv LO Dear Maria Slavik, Risk Management, 0 ca The Upper Keys Animal Shelter has been under contract with Humane Animal Care Coalition, HACC for Over 21 >, .0 continuous years. The attached is the completed form for the request for Waivers.The new contract with Monroe County is to begin July 1, 2020. All previous HACC Contracts have been evaluated by Risk > 2 0. Management as not requiring these five Insurance policies listed below,for the last 21 years. Since all insurance policies are paid with taxpayer's funds,these previous Waivers decisions have resulted in saving large amounts of taxpayer's funds. Request you continue to provide Waivers for these following 5 insurance policies. U) E 1. Animal Control Errors and Omissions Liability Insurance Requirements. The HACC Shelter Staff has never been involved with the eight points outlined by Risk Management under this requirement. This E&O Insurance has always been waived by Risk Management. 0 1 am not sure if there is coverage narned Animal Control Errors and Omissions Liability Insurance, The U required Commercial General Liability should be sufficient. E 2. Employee Dishonesty Insurance. We do not have anything of value to steal, weeks sometimes pass without collecting any money from the public. When we do collect money, it is a very small amount and procedures are in place to prevent theft of these small sums. The yearly premiums cost of this 2 1 Packet Pg.447 C.10.a insurance is more than the yearly cash we collect. This insurance has always been waived by Risk Management for 21 years, and we have never had a loss. Based on the upper Keys Animal helter's comments that they rarely have any significant cash it is believed that this coverage can be waived. y 3. Veterinarian Professional Liability Insurance. We do not hire Veterinarians under this Animal Control y Contract. If a veterinarian service is needed, we take the sick or injured animals to the local Veterinary Hospitals, not the Animal Shelter, for medical care. This insurance for HACC has also always been waived by Risk Management. The fact that anirais in need of veterinarian services are transported to a local veterinarians and that the Upper Keys Animal Shelter does not employ a veterinarian it is believed that this coverage can be waived. � N 4. All Risk Property Insurance which includes Flood and Windstorm. The HACC has no Lease/Rental Agreement for the County Animal Shelter Property. We have no ownership interest, and no legal or financial interest in this Government Property. Also, the Animal Shelter is very old and some would consider it a tear-down property with little or no value worth insuring. This Insurance has also been waived by Risk Management. Based on Kevin ilson's opinion that this structure is not worth insuring it is believed that this coverage can be waived. 5. Insurance for Other Contractors and Subcontractors. We never employ contractors or subcontractors, so there is nothing to insure here. Again, this insurance has also been waived by Risk Management. A standard Commercial General Liability policy includes coverage for contractors and subcontractors if the Insured is deemed to be responsible for the acts of the contractor or subcontractor. It is believed that this requirement is being satisfied by the required Commercial General Liability requirement and it is believed this requirement can be waived. LO Not requiring HACC to hold these 5 insurance policies by Risk Management for the last 21 years has resulted in ca saved the taxpayers over hundreds of thousands of dollars. As we all experience the unknown financial effects of the current Pandemic, saving taxpayer's funds will become even more important. Not having these insurance policies has not exposed the County taxpayers to any economic loss, for over 25 years. The new contract cannot be signed until Risk Management has made a decision on this request. The County plans to get this contract on the BOCC May agenda. Best regards, Tom Thomas Garrettson, President HACC Virus-free. , v t com ----- � 3 Packet iPg.448 C.10.a t e e ty of according to _ � f. �rl�k� '� "any; or m Proposa mah"the Proposal for the project docnW Mi *e Notice for Caflmg for PrqMah for: 'Cw PrIces 3. The in this proposal have been wrived at iodependendy without collusion, oonsWtation, communicadon or agreement for ft pumm of restricting competition,as to MY m8tW relating to pricessuch pices whh any other Proposer or with any cornpedtor. have a been knowiqoy disclosed by the Propow and will not Irnowingly be disclosed by the Pwposer prior to 5. No attempt has been made or wHI be made by the Proposer to induce any other pason, or corporation to subaik or not to submk a proposal for the purpose of restfictkg owgwilithm 2 6. The statenwnts containedmi this affidavit am true and eerrec�and made with&H knowlelOge of said prCiecL 1 _ " � ) j'2 I cv LO CJ STATE OF: COUNW OF: PERSONALLY APPEARED BEFORE the undenagned aut] anty, y,... , 2 prwided tiaas prwf of idaft,or 4 pemowft known to me., and having been fira swam y v LP-, t t' � , My Commissiont U ,axxe9ma� E s CAROLYN R HENRY � Notary Public-State of Florida � C4r� alssion F 7C365 Ply Conn Expires l�har 1C. C C',, � "w1b 49 Packet;Pg.449 C.10.a LOBNMG AND CONFLICT OF INTEREST CIAUSE . . -199 ETMCS CLAUSE 'p . . . wartants that t has not employed, r otherwise had act o " behalf any former W N CoWy officer 0r employee in violation of Section 2 of Ordinance No. 1 l c of employeein Q f Section 3 of Ordinance No. 10-1990,, For breacb or vioWon of this provision the County ,in its discretion,tmminate this contract without liability ,in deduct from the contract or N purchase " c recover,the fidl amountoy any fee,commission, paumuMr,gut or ° " (Signature) v STATEsr LO COUNTY OF U PERSONALLY APPEARED BEFORE ,the undenigned authority, J cum ` y beingafter first ,affixed hn&cr individual signing)in the space provided above on this day of 201 t °3 gg �I i . t8 NOV € is ^abate cat H 6 d 1 r � '..r-� its c F � y �g by coma Cx i s ads-r E ��Gi� i Il q $ My rt i.J still'gg�� Packet;Pg.450 C.10.a undersignedDRUG-FREE WORXPILACE FORM The vendor in I 7 hereby certifies that: E jr w1413(Name of Business) y 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prolubited in the workplace that will be taken against employees for violations of such prohibition. 2. Informs employeesworkplace, assistancemaintaining a drug-fi= woftlace, any available drug counseling, rehabilitation, and enVIOY= Gives3. 1services° proposal a copy of the statement specified in subsection(1). statement4. In the specified in subsection(1),notifies the employees that,as a condition ofworking on contractualthe commodities or i the statement and will notify the employer of any conviction ot or plea of guilty or nolo , any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the work-place no later than five(5)days after such conviction. ® Imposes a sanctionor require the satisfactory participation in rehabilitation program if such is available in the employee's community, or any employee who is so convicted. workplace6. Makes a good faith effort to continue to maintain a drug-fi-ee this section. As the person authorized to sign the statement, I certify that this fixin complies fidly Vdth the above Proposer ss Signature Date t� i.J Packet iPg.45'1 C.10.a INSURANCE AGENT'S STATEMENT have reviewed the above requirements with1 oildeductibles apply to the correspondingpolicy. POLICY DEDUCTIBLES Liability licies are Occuffence Claims Agency Signature PROPOSERS STATEMENT I understand the inwrance that will be mandatorywill comply in i �? i the c ts. N LO fteposer Signature 52 CJ Packet;Pg.452 LOCAL PREFERENCE FORM E A.Vendors claiming a local f r c c c r ing to Ordinance 023-2009,as amended by Ordinance complete is form. n Name of Bidder/Responder: Thomas Garrettson President HACC Date:Decgmber 18,aUl - 1.Does the vendor have a validreceipt r the businessx paid to the Monroe CountyCollector dated at least one( )year priorf request for bids or proposals? [ ax exemptl (Please furnish copy.) 2. Does the vendor have a physical business addresslocated withinis r W operatesr performs business on a day to day basis that is a substantial component of the goods or services beingphysical business address must registered s its principal place of business with the Floridat of Stater at least one( )year prior to the notice of request for bid or proposal.) ListAddress: 283 Saintit 7 N Telephone :__3 )4 B.Doest r ri contractor intend t r more of the goods,services construction to local businesses meeting the criterias to licensing location? If ,please provide: 1.Copy of Receipt othe business tax paidto the MonroeTax Collector by the subcontractor dated i least one( r prior to the noticefor bidr proposal. = 2.Subcontractoesphysical business address withinis subcontractor U (The physical business address must be registered as its principal place of business with the Florida N leastDepartment of State for at one( )year prior to the noticeof request for bids or proposals) Telcv .. r Address ca ,,.n. Print s Garrettson Signature and Title of Authori;edi for > Bidder/Responder STATE OF COUNTYOF sm On is : n 4 _ L:-.before me,the undersignedt lic, as personally ,, _ � .,known t t s i — . . Esc ' v ° produced �,�, ,w a � - ._ ,and acknowledgedt hat she Is e person who executed the aboveLocal Preference Formr the purposes thereincontained. e My commissionexpires: f Notary Public Print Name CAROLYN A.HENRY 9 tlg89C9®kBY. Notary Public-State Of Florida p: commission# FF 970365 53 ® ,,POP, icy comm.Expires Aar 10,2020 68Pf8649 Packet iPg.453 C.10.a MONROE COUNTY BUSINESS TAX RECEIPT E y RECEIFr*47161-72904 Business Name: HUMANE,ANIMALECOALITION S HWY Owner Name: ( Businesstin: KEY LARGO,FL 1 I 3 037 Mailing . 283 ST THOMAS AVE Business : 3 -0826 KEY LARGO,Fl. 33037 Business lVpe: MISCELLANEOUS SERVICE(ANIMAL C N Employees I x Tax Amount Transfer FeeSub-T i Penalty Prior Years Collection Cost Total Paid N 0.00 0A0 0. 0 0.00 0.001 THIS BECOMES A TAX RECEIPT , IS ONLY A TAX. WHEN VALIDATED PO Box 1129,KeV West, FL 33041 YOU MUST MEET ALL COUNTY AND/Olk MUNiapALrry AND ZONINGREQUIREMENTS. CD Cv LO P.O.MONROE COUNTY BUSINESS TAX RECEIPT Box 1129, Key West, FL 33041-1129 EXPIRES cousin s Na e: N A I AL C OA N RECEIPT* �7I I�720 105951 OVERSEAS HWY BusinessLocation: KEY LARGO,FL 33037 Owner Name: GARRETTSON THOMAS F(P Mailing Ad u . 3 53-0826 283 ST THOMAS AVE BusinessT MISCELLANEOUS (ANIMAL KEY LARGO,FL 33037 0 Employees loyye I Tape Amount Transfer Fee Sub-Total Penalty Prior Years C.o€€action Cost Total Paid � 0.00 0. .0 0 0. 0. .00 L-----------Z-.:� i 7 7 Packet iPg.454 PUBLIC EKnTY CRIME STATMENT E 4A person or aMift who has n placed an the oMvi0ed vendor Nd foloyAng may not aubmit a Md an a contmct to provide any goods or serOlces to a pubic enft,,may not submit a bid an a contract vAth a pub1c endly for the consiruedon or repair of a pubft bulift or pubic w&-k may not submit Ws s WpPler, wjbcantmctcr�or CONTRACTOR under a conhad YAM any pubic entity.and may not owmict business w0h any public entity In excess of dw threshold amount provided In Section ", Flodds Stalutes,for CATEGORY being placed an the convicted vendor 1W X " x N 1Z k I STATE OF: COUNTY OF: cv CD cv Subscribed and sworn to(or off irmed)before me on e day of p ` H ; CJ has if .,,a l off$. W� � � � �.,� "tam ���ag Lrt� e6F"�.YP�&' HENRYMy Commission,E:xphw Q �. " Notary Public State of Florida 5 My Comte Expires Tar 10,2020.E Z .) 0 #, 54 U Packet iPg.455 Proi rName: d E Vendor ® 6 S-015 6 5'11 y Vendor's Authorized Representative Name and 1-ide: 77,10LJ-as 67,a L LL !11 a, y Address: h e _ , Phone Number Email Address: 7-Irg a �r P o I x Section 287.135, Florida Statutes N prohibits ` , submitting a proposal for,entering into or renewing a contract for goods or services of any _ amount` Scrutinizedrenewal, the company is on the t to Section s Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Flori S r renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Im Z. Petroleum Energy Sector Lists which were created pursuant to ®215.473,Florida Statutes,or- in business operations in Cuba or Syria. As the person authorized to sip on behalf of Respondent, I 2 "Respondentabove in the Section entitled Vendor Name' is not listed } � r i Ilisted on either the Scrutinized Companies with Activities in Sudan LiA the Scrutinized Companies with 6 Activides in,the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. 'U I understand t pursuant to Section287.135, Florida Statutes, the submission of a false certification penalties,may subject company to civil fees, rCN costs. I fiu*er understand that any CD contract with the County may be terminateA t the option of the County,if the company is found to have LO submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List uU Israelor engaged in a boycott of or placed on the Scrutinized r the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba r Certified By: ��'r�� zee � �����s�� '° �s�� 9who is 0. authorized to0i uth 5i Print Name- Tideg . Note:~ The List are available at the following Department of Management Services Site: purchasi",r wndo ,if ;° 55 Packet;Pg.456 �1 ® C.10.b A�� CERTIFICATE OF LIABILITY INSURANCE DATE( 3/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). fJ PRODUCER CONTACT NAME: Linda Godnick Prince Associates Inc. HICONNo Ext: (516)822-6550 (FAX C No: (516)822-6569 270 Duffy Avenue E-MAIL ADDRESS: Suite D INSURER(S) AFFORDING COVERAGE NAIC# Hicksville NY 11801 INSURER A:Travelers Indemnity Co. Of Conneticut INSURED INSURER B:Travelers Casualty Ins. CO of America Humane Animal Care Coalition, Inc. INSURER C:Hartford Underwriters Ins Co. 30104 U 283 Saint Thomas Avenue INSURERD: INSURER E: Key Largo FL 33037 INSURERF: U COVERAGES CERTIFICATE NUMBER:Monroe County REVISION NUMBER: (B THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,( � TO REMISESS A CLAIMS-MADE ❑X OCCUR PE (RENTEDEa ccu rcence $ 100,( ' PREMI o 6609146H762 4/1/2020 4/1/2021 MED EXP(Any one person) $ 5,( PERSONAL&ADV INJURY $ 1,000,( cu GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,( X POLICY ❑ PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,( OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000, Ea accident O B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA8M604171 4/1/2020 4/1/2021 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Per accident $ Total Pollution Exclusion $ ¢1 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X PER OTH- C44 AND EMPLOYERS'LIABILITY 1,/N STATUTE ER to ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,( T- �I OFFICER/MEMBER EXCLUDED? F N/A to C (Mandatory in NH) 12WECGZ9346 4/1/2020 4/1/2021 E.L.DISEASE-EA EMPLOYEE $ 100, If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,( P' CD N N CD DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included Additional Insured as required to by a signed written contract or agreement CJ 0 #,. w O 6/16/2020 ,_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1111 12th Street ACCORDANCE WITH THE POLICY PROVISIONS. Suite 408 Key West, FL 33040 AUTHORIZED REPRESENTATIVE Linda Godnick/LINDA dtda �tzahtcle' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet jPg.457