Item Q6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 15. 2002
Division: County Administrator
Bulk Item: Yes _ No X
Department: County Administrator
AGENDA ITEM WORDING: Approval of the forthcoming recommendation in reference to
the awarding of the contract for the operation of Animal Control facilities for Key West, Big
Pine and Marathon.
ITEM BACKGROUND: The County issued RFP's and received two proposals for this service.
Staff recommended the approval of the SPCA and the Board discussed the issue at length
with substantial public input. At the conclusion of the discussion the Board instructed that
the two organizations attempt to resolve the issues between them. There has been at least
one attempt with County staff and the two organizations to come to a mutual understanding.
There is a second one scheduled for 5:00 p.m. on May 7, 2002. Once that meeting is
concluded, the Administration's recommendation will be distributed to the Board of County
Commissioners. It is important that the Board consider this issue in May, even though it is
out of the area of service, since to consider it in June would be too late for either
organization to be geared up adequately to provide the service.
PREVIOUS RELEVANT BOCC ACTION: As above
CONTRACT I AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of forthcoming recommendation
TOTAL COST:
Unknown at this time
BUDGETED: Yes
No
COST TO COUNTY: Unknown at this time
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
YR
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
O:/~ ~iSk Management
'""
James L. Roberts, County Administrator
DOCUMENTATION:
Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM #
(\1 (/'
RECOMMENDATION FOR AWARDING OF CONTRACT FOR OPERATION OF ANIMAL
CONTROL SERVICES FOR MARATHON, BIG PINE AND KEY WEST
The Board of County Commissioners authorized a bid advertisement for operation of
animal control services and shelters for Marathon, Big Pine and Key West. For the previous three
years the Society for the Prevention of Cruelty to Animals, Inc. (SPCA) has provided these
services under contract with the County.
The staff evaluated the two bids received, one from SPCA and one from Stand Up for
Animals (SUFA). A recommendation was made to the County Commission to approve the SPCA
proposal for $539,000 even though that was the higher of the two. The reasons were identified
in the backup information to the agenda summary sheet. That package is attached here as
Exhibit 1.
At the meeting of the Board of County Commissioners on April 17, 2002 the Board
considered the issue of awarding of the contract. After much discussion and public input the
Board requested the two organizations try to work out a sharing of the territory. It is essential
for the County to make a determination at the May meeting so that however the contract(s) is
finally determined there is sufficient time to be prepared to provide the service at the end of
June.
On April 18, 2002 during the second day of the County Commission meeting, the SPCA
approached the Board with three proposals for resolving the issue. Those are listed as Exhibit 2.
The three proposals are as follows:
1. The original bid of $539,000 to operate the entire area
2. $377,300 to operate Key West and Big Pine
3. $350,350 to operate Key West only
On April 23, 2002 SUFA submitted to the County Administrator a proposal to operate the
Marathon and Big Pine facilities, but not Key West. This was an attempt to cooperate in dividing
up the animal control area. That number was $269,450. This proposal is attached as Exhibit 3.
Analyzing the two proposals for sharing the system, the combined cost of the two
entities would be $619,800. That, of course, is over $80,000 more expensive than the higher of
the two bids received through the formal bid process.
A meeting was held in the Administrator's office on April 24, 2002. In attendance were
representatives of SPCA, SUFA and the County Administration. At that meeting the parties were
informed that the Administration would not take a $619,800 solution to the County Commission.
The Administrator requested the parties to consider two possible options. The first was to
discuss whether they could work together as one entity to provide the animal control services
throughout the area. Subsequent communications from both entities indicated an emphatic,
"no". The second request was that the representatives of both organizations work with County
staff to develop the possibility of splitting the jurisdiction without costing the citizens of the
County more than the maximum bid of $539,000. No result was reached on April 24. On April
30, 2002 SUFA sent to the Board of County Commissioners numbers predicated upon the
percentage distribution of costs among the three shelter areas from the County's service in 1999.
This is attached as Exhibit 4. SUFA felt that if this distribution could be maintained there could
be a fair distribution of the funds.
First, the County's percentage distribution numbers are now three years old and based
upon totally different staffing and benefit costs. Staff feels that using them as a mechanism for
determining how to divide up costs within the region is a flawed process. Even with this
scenario, however, SUFA requested an additional $26,950 for start up costs related to their
operation. Thus the total cost for the system would be $565,950, well above the higher formal
bid. This is certainly not recommended for approval.
A second meeting was held with the parties and the Administration on May 7, 2002. At
that time both parties repeated that they wouldn't be able to work together in one organization.
The SPCA repeated that it would still honor its proposal of April 18, 2002 (Exhibit 2).
SUFA repeated that if there were any distribution of the system it would need additional start up
costs for administrative activities. After much discussion, the Administration identified a proposal
as follows: $377,690 for SPCA to operate the Key West and Big Pine animal control services.
$156,310 for SUFA to operate the Marathon service. This totals $534,000. SUFA would then be
allotted the additional $5,000 to assist with their administrative needs. That would bring the
total cost up to the maximum. The SPCA agreed to that distribution and the SUFA representative
said she would have to check with her Board and call the Administrator the next day. The
question on the table was, "Do you accept this arrangement (Yes) or not (No); however, on May
8, 2002 a fax was sent to the County Commissioners and the Administrator purporting to
represent what transpired at the May 7 meeting. This is attached as Exhibit 5. The analysis is
once again initially based upon the 1999 distribution, which is a flawed approach. The final
paragraph of the memorandum continues the discussion of numbers as though there was an
ongoing negotiation when, in fact, the parties had been asked to accept or reject a final position.
This memorandum is deemed by the Administration to be a rejection of what was discussed on
May 7. On May 8, 2002 the representative of SUFA called County staff with a proposal that
differs from the one in the memorandum to the Board of County Commissioners and which
includes an extra $11,000 to cover what is now called "part time staff". This would still bring the
total well above $539,000.
On May 9, 2002 a representative of the SPCA called the County to offer a compromise.
The SPCA would operate Key West and Big Pine for $375,000. That would leave $164,000 for
SUFA to operate Marathon. That number does not agree with numbers provided by the SUFA
organization.
ANALYSIS AND RECOMMENDATION
This has been one of the most convoluted attempts to resolve a bid issue that Monroe
County has ever undertaken. In an attempt to have reasonable people arrive at a mutually
acceptable agreement, numbers have been bandied about, personally directed accusations have
been not only part of the negotiations but also made public and there has literally been no
analysis of how the changing numbers would impact the specific services provided by the
organizations. The Administration is hard pressed to recommend any result enthusiastically. It is
hoped that whichever organization(s) operates the services, the animals will be treated more
respectfully and professionally than has been seen among the participants over the last couple of
months.
The Board of County Commissioners is to be commended for attempting to find a
satisfactory solution wherein all parties interested in animal welfare could participate. The
Administration, through many attempts, is unable to recommend to the Board of County
Commissioners any combination within the $539,000 maximum bid. The Board is reminded that
what it has done is to deviate from the formal bid process to request a negotiation.
Therefore, since it is apparent that a distribution of the service area for the maximum
amount of funds bid is highly unlikely, if not impossible, the Administration recommends the
approval of the SPCA for the contract as identified in Agenda Item C25 of the Board of County
Commissioner's meeting on April 17, 2002 (Exhibit 1). Staff has more confidence that, given the
nature of the negotiations, the SPCA has the ability to continue to operate the services in an
acceptable and responsible manner.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: April 17, 2002
DIVISION:
Public Works
BULK ITEM: Yes x No
-
DEPARTMENT: Animal Control
AGENDA ITEM WORDING: Approval to award bid and enter into an agreement with
The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of
the Key West, Big Pine Key and Marathon Animal Shelters in the amount of $539,000 per
year; and approval of Resolution transferring funds through end of fiscal year.
ITEM BACKGROUND: On March 26, 2002, sealed bids were opened. Stand Up for
Animals bid $485,000 per year and the Florida Keys SPCA bid $539,000. Upon review of
the bids and bid criteria, and considering staff's experience in operating animals shelters,
staff is recommending the current contractor, the Florida Keys SPCA. The low bidder is
inexperienced in operating animals shelters, and their proposed budget does not reflect
the reasonable cost of operating and conducting the required services; therefore, the
higher bidder, the Florida Keys SPCA, is the conforming bidder. (See attached analysis).
PREVIOUS RELEVANT BOCC ACTION: On June 21, 2001, the Board approved the 3rd
and final contract with the Florida Keys SPCA, which expires on June 30, 2002.
CONTRACT/ AGREEMENT CHANGES: n/a
STAFF RECOMMENDA nON: Approval as stated above.
TOTAL COST:
$539,000
BUDGETED: Yes: No: x*
*Resolution attached to fund contract through
end of fiscal year; full amount to be requested
in FY2003 budget
COST TO COUN1Y: ~
REVENUE GENERATED: Yes
No x
-
APPROVED BY: County Atty.:
OMB/Purchasing: Risk Management: LJk
~p~
Dent Pierce
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED: ..i- TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
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MONROE COUNTY BOARD OF COUNTY COMMISSIONF.RS
CONTRACT SUMMARY
Contract with:
FLORJDA KEYS SOCIETY FOR THE
pREVENTION OF CRUELTY TO ANIMALS.
INC.
COntract #
Effective Date:
Expiration Dale:
7/1/02
6130103
Contract Purpose/Description: To 0
Contract Manager:
Beth Leta
(Name)
4560
(Ext.)
Public Works - #1
(DepanmentlStop #)
A enda Deadline: A '1 3. 2002
CONTRACT COSTS
Total Dollar Value ofContracl:
Bud.geted? YesO No ~.
$539.000.00
.R.esolutioD tnlDsferring
funds included with ircm
Current Year Portion: $134,750
Account Codes: 001-21000-530340
Grant: $ nla
County Match: $ nla
Estimated Ongoing Costs: $ --IJ.L.../yr.
(Not included in dollar vaJue above)
ADDITIONAL COSTS
For:
(e.Il.. maintenance. utilities. janitorial, salaries, m.)
CONTRACT REVIEW
Division D~ctor
Dare Out
V / 8;;'
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Risk Manag~:Qt
O~Pur~g
County Attorney
Comments:
OMB Fonn Revised 2/27/01 MCP #2
ResoJutioa No.
- 2002
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Y car
2002. therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfas of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2002 as, hereinafter set forth to
and from the following accounts:
Fuad #001- ~DeraJ Farad
From: OOl-5900-8S500-S90990
COlt Center # 85500- Reserves 001
For tbe Amount: $6,000.00
1Lo: OOI-S62~Z10~530340
Cost Center t# 21000.. ADimal Shelter"
Other Uses
Other CODtrattu.,
BE IT FURTHER RESOl. YEP BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above. is hereby authorized and directed to make the necessary changes of
said itc:ms, as set forth above.
PASSED AND ADOPTED by the BOard of County COmmissioners of Monroe County,
Florida. at a regular meeting of said Board held on the 17lb day of April AD 2002.
Mayor McCoy
Mayor Pro Tem Spehar
Commis3ioner Ncl~on
Conunissioner Neugent
CommiS5ioner Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~
Mayor/Chainnan
(Seal)
Attest: DANNY L. KOLHAGE. Clerk
animal $hcJ{Of reliC 04/0312002 Page 1
AGREEMENT
for
OPERATION OF KEY WEST, BIG PINE KEY AND MARATHON
ANIMAL CONTROL
This agreement is entered into this 17th day of AQriL. 2002, by and between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, (hereinafter called "County"), and Florida Keys Society for the Prevention of Cruelty to
Animals, Inc., non-profit organization existing under the laws of the State of Florida, (hereinafter called
"Contractor") ;
WIT N E sse T H:
The County hereby authorizes the Contractor to operate the Key West, Big Pine Key and
Marathon Animal Control Shelters, (hereinafter called "Shelters") located at 5230 College Road, Stock
Island, Industrial Road, Big Pine Key, and 10600 Aviation Boulevard, Marathon, Florida, and to
provide complete animal control and enforcement services from Mile Marker 0 through Mile Marker
69, including the Cities of Key West, Marathon, Key Colony Beach and Layton, (hereinafter called
"Service Area"), according to the following terms and conditions:
I. SCOPE OF SERVICES:
a. The Contractor will fully staff, operate and perform all current functions of the Shelters, as
further identified in the training manual to be prepared by Contractor; said training manual will be
reviewed and approved by the Director of Public Works or his designee prior to implementation.
b. The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelters.
c. 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 F .A.C. 100-3.091, Procedures
for Control of Specific Communicable .Diseases and Chapter 64816-29, Animal Control Shelter
Permits.
d. The Contractor shall prOVide that all animal control officers complete the mandatory
certification program outlined by F.S. 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 Director of Public Works, or his designee, with
copies of the Animal Control Officer Training Program Certificates.
e. The Contractor will receive and properly confine all animals that are brought to the Shelters or
which become the responsibility of the Shelters. 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.
f. The Contractor shall provide appropriate care for sick and injured animals 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.
g. The Contractor shall maintain the Shelters, including kennel area, cages and euthanasia room,
and all equipment in a clean! safe, and sanitary manner.
h. The Contractor shall provide the personnel and materials necessary to humanely euthanize all
animals designated for euthanasia by the supervisors or designees of the Shelters. 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 Director of Public Works or his designee.
i. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed
animals as required by law.
j. 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. Contractor shall seek
funding sources to enable provision of feline leukemia virus testing and, upon obtaining such funding,
shall provide feline leukemia virus testing for all adoptable kittens and cats.
k. The Contractor will provide an adoption service through the Shelters for the purpose of
securing suitable homes for adoptclble animals. The Contractor 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 procedures shall be reviewed
periodically by the Director of Public Works or his designee as to form and practicality. All adoptable
animals will be available for inspection by the public during normal working hours.
I. The Contractor will issue license certificates for dogs as required by the Monroe County Code
and collect the established fees therefor. 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 therefor to the County.
II. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the Service Area
described above, including, but not Iimited"to:
1. Emergency services (24-hours per dayfl-days a week) for Priority One calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
c. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
2. Patrolling service area on a regular and consistent basis;
3. Picking up dogs that are running at-large;
4. Picking up cats captured in cat traps;
5. Non-emergency animal pick up from residential homes during normal operating hours;
2
6. Picking up dead animals along County or City rights-ot-way and arrange for proper
disposal in accordance with all applicable laws, regulations and ordinances; .
7. 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.
8. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations 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 Contractor including representing the County in court if necessary.
9. Complying with all applicable County ordinances and regulations as well as the laws of
the State of Florida.
III. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning Julv 1. 2002. and ending at 12:00
midnight on June 30. 2003. The term of this agreement shall be renewable in accordance with
Section IV.
IV. RENEWAL:
The County shall have the option to renew this agreement after the first year, for two (2) additional
one-year periods. The contract amount agreed to herein may be adjusted annually in accordance
with the percentage change in the Consumer Price Index (CPf) for all urban consumers (CPI-U) for
the most recent 12 months available.
V. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement without the prior
written approval of the County.
VI. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least sixty (50) days prior to the date of termination.
VII. 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 anyone 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. F aHure to provide food or water for animals IIi 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
3
VIII. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility
accounts will be held in the Contractors name.
IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under this
Agreement shall be $539.000.00 per annum. The County shall pay the Contractor on a per month in
arrears basis in an amount equal to 1/12 of the total cost of the contraCt, or $44,916.66 per month.
The Contractor shaH provide a monthly invoice on the 111l day of each month to the Division of Public
Works, and payment shall be made on or about the 1 st day of the following month.
X. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to
allow for the purchase of the services contemplated, then the contract may be terminated immediately
at the option of the County upon w.n~en notice of termination being delivered in person or by mail to
the Contractor. The County will not be obligated to pay for any services provided by the Contractor
after the Contractor has received written notice of immediate termination.
XI. VEHICLES:
The County hereby leases to the Contractor four (4) County vehicles currently assigned to the
Shelters identified as follows:
1. A 1994 Ford F150 Pick Up Truck (Unit No. 0910/055);
2. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/060);
3. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/061); and
4. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/063).
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate said vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and
shall maintain them in accordance with the maintenance schedule attached. hereto as Exhibit "A.P The
Contractor shall provide receipts to the Director of Public Works or his designee to document and
verify that the required maintenance has been performed. The County shall have the right to inspect
the vehicles at any reasonable time.
XII. INSURANCE REQUIREMENTS:
The Contractor will provide insurance coverage as described in the Risk Management Policy and
Procedures Contract Administration Manual attached hereto and marked exhibit UB."
XIII. FEES AND REPORTS:
The Contractor shall collect and remit to the County all funds that are collected for fees, license
certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and
keep appropriate records of all funds received and shall provide the Director of Public Works or his
designee with copies of daily cash reconciliation forms, daily bank deposit information and original
license certificates that are issue on a bi-weekly basis. 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 Director of Public Works or
his designee, said affidavit form is attached hereto and marked Exhibit "C." The Contractor shall only
4
charge fees as outlined in Monroe County Resolution No. 496-2000, as same may be amended from
time to time; said Resolution is attached hereto and marked Exhibit "D." The Contractor shall not
charge any other fees for services at the Shelter unless authorized by the County to do so. Further,
the Contractor shall provide the Director of Public Works or his designee with copies of all bite reports
and citations that are issued on a bi-weekly basis as well.
XIV. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received at the
Shelters by Contractor. Said donations shall be used by Contractor only for the benefit ot shelter
animals or animals for which Contractor provides spay/neuter or other services, and shall not be used
to defray or reduce County funding in the future. In the case of donations solicited by third parties on
behalf of the 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, minus an amount not to exceed 5% of the total collected for
administrative expenses, are in fact donated to the Contractor for the benefit of shelter animals. 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.
XV. 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.
XVI. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an inventory of
all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared
therefrom shall be signed by both parties hereto.
XVII. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelters' buildings,
grounds, and equipment in order to keep same in proper working condition. Prior to commencement
of repairs, the County must be notified, in writing, of repairs estimated to cost over $1,000.00. If such
repairs are approved by the County, the Contractor shall pay the first $1,000.00 of cost regardless of
the total cost of said repairs.
XVIII. IMPROVEMENTS OR MODIFCA TIONS TO FACILITIES:
No improvements or modifications may be made to the Shelters, appurtenances, or surrounding
properties without the prior written approval of the County.
XIX. HOURS OF OPERATIONS:
At a minimum, the Shelters shall be open to the public as follows:
Key West: 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00
a.m. to 2:00 p.m., Eastern time, on Saturdays;
5
Marathon: 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, and from 10:00
a.m. to 12:00 p.m., Eastern Time, on Saturdays;
Big Pine: 9:00 a.m. to 11:00 a.m., Eastern Time, Mondays, Tuesdays and Friday.
Hours of operation may be adjusted only upon mutual written consent of the County and the
Contractor.
XX. 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.
XXI. HURRICAN~ 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 at least three
(3) employees who will be able to remain in the County to care for the animals during and after the
disaster, and 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.
XXII. FUNDRAISING:
The Contractor may use the Shelters for fundraising or for selling merchandise after its items have
been reviewed and approved by the Director of Public Works or his designee. Requests for events
shall be requested by the Contractor in writing and approved by the County Administrator in writing.
Funds raised by the Contractor from fundraising or events at the Shelters shall only be used to benefit
the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall
not be used to defray or reduce County funding in the future.
XXIII. NON-DISCRIMINATION:
The Contractor shall not discriminate against any person on the basis of race, creed, color, national
origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is
not job related when recruiting, hiring, promoting, tenninating or any other area affecting employment
under this agreement. At all times, the Contractor shall comply with all applicable laws and
regulations with regard to employing the most qualified person(s) for positions under this agreement.
Additionally, the Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, financial status or any other
characteristic or aspect in regard to providing services hereunder.
XXIV. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted accounting
principles, and allow the County to inspect its books and records and the shelter facilities at any
reasonable time. In addition, the Contractor shall, at its expense, provide the County with an annual
audit prepared by an independent Certified Public Accountant. Contractor shall retain all records
pertaining to this agreement for a period of three years after term expires.
6
XXV. MEDICAL RESEARCH:
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.
XXVI. CA T/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.
XXVII. PUBLIC ENTITY CRIME STATEMENT:
. .
A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 bids 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 36 months from the date of being placed
on the convicted vendor list. (CATEGORY TWO: $15,000.00).
XXVIII. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-delivered or
mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows:
FOR COUNTY:
FOR CONTRACTOR:
Dent Pierce, Director
Monroe County Public Works
1100 Simonton Street
Key West, Florida 33040
Gwen Hawtof, M. D., President
Florida Keys Society for the
Prevention of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 403N
Key West, Florida 33040
XXIX. CONSENT TO JURISDICTION:
This agreement shall be construed by and governed under the laws of the State of Florida and venue
for any action arising under this agreement shall be in Monroe County, Florida.
xxx. AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and warrants that:
(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.
7
(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.
XXXI. ENTIRE AGREEMENT:
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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first
written above.
(SEAL)
Attest DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairman
Deputy Clerk
FLORIDA KEYS SOCIETY FOR THE
PREVENTION OF CRUEL TV TO ANIMALS. INC.
By:
President
8
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I FLORIDA KEYS SOQETY FOR THE PREVENnON '~'. . --,'
OF CRUELTY TO ANIMALS'./ -
1901 So. Roosevelt Boulevard - 403N, Key West, FL 33040
FKSPCA Tel: 305-292-1091 Email: keys spca@aol.com
April 18, 2002
To: Board of County Commissioners, Monroe County
From: Florida Keys SPCA, Inc.
Re: Animal Shelter contract
Proposal #1: Bid of $539,000 to run Key West, Big Pine Key and Marathon
Shelters.
Proposal #2: Bid of $377,300 to run Key West and Big Pine Shelters.
Proposal #3: Bid of $350,350 to run Key West Shelter.
. ~ ~i-cP
Gwen Hawtof, M.D~ . - \
President, Florida Keys SPCA, Inc.
RPP-23-2002 10:55R FROM:KEYS SHIPPING 3058728930
TO: 2924544
KEYS SHIPPING & BUSINESS CENTER
Mile Marker 30.5-Marsha/l Building
P.O. Box 430812
Big Pine Key, Florida 33043-0812
P: 1
Phone: (305) 872-9648
Fax: (305) 872-8930
FAX COVER LETTER
Please Deliver the Following Information To:
NAME :J \ m ~be f't ~
FAX NUMBER .;) q:+.. -- 4 ~ 1-1 LJ
FROM hjn~ Goi-~a..l& (2~2-2L6S '-
~\ 8~J ~6~
DATE:
TOTAL NUMBER OF PAGES-INCLUDtNG COVER PAGE S
If there is any DrobJem with this transmission.
Please call 305-872-9648
c'~ ,\
~9s "'cJ'2- q I.f.J
,.,of.' - 2:3 - 2002 10: 55R FROM: f~EYS SH I Pp I NG 3058728930
TO: 2924:>44
F':2
BID FOR OPERATION OF MONROE COUNTY ANIMAL
SHELTERS AT MARATHON AND BIG PINE KEY
Stand Up for Animals (SUFA) proposes to operate, under contract to the Board of
County Commissioners of Monroe County Florida, two animal control shelters at Big
Pine Key and Marathon and to provide complete animal control and enforcement services
within the unincorporated areas of Monroe County and the cities of Key Colony Beach
and Layton covering Mile Marker 17 to Mile Marker 69.
SUF A is a humane society organization incorporated under the laws of the state of
Florida for the prevention of cruelty to animals and as such is eligible to provide such
services pursuant to Chapter 3-19, Monroe County Code and Sec. 828.03, Florida
Statutes.
The basic goals and policies will be:
] . Accept every animal without a fee and provide for it according to basic principals
of compassionate care.
2. Spay or neuter all animals prior to adoption
3. Provide for county licensure for animals, pick-up of loose animals and
enforcement of leash laws.
4. Establish regular hours at the Big Pine Key facility
5. Enforce existing anti-cruelty laws and act as a liaison with law enforcement in
prosecution of such cases.
6. Encourage appropriate adoptions and reduce the numbers of healthy animals
euthanized.
7. Establish an aggressive spay/neuter program for feral cats.
8. Develop community outreach programs focusing on special populations that
would benefit from human animal interactions, such as shut-ins, the elderly and
children-at-risk.
9. Sponsor at least fOUT major fund-raising projects annually.
10. Offer free spay/neuter services on a regular basis.
11. Encourage volunteers involvement
12. Enhance public relations between community and shelter, including increasing
awareness of services offered.
13. Develop humane education programs within Monroe County schools.
14. Encourage interaction with other animal organizations throughout Monroe County
Staff, staff titles and qualifications of employees:
Animal Services Director (1): Duties shall include overseeing daily operations, including
law enforcement, supervision of staff and volunteers, spay/neuter and adoption programs
and community outreach programs. Qualifications shall include a minimum of five years
of animal welfare experience, grant writing experience and excellent administrative,
communication and computer skills.
HPR-23-2002 10:55H FROM:KEYS SHIPPING 3058728930
TO: 2924544
Animal Service Agents (3): Duties shall include animal care, adoption coordination,
enforcement of state statutes and county ordinances and kennel maintenance, Agents will
be cross-trained to assist in office and clerical duties including front desk coverage when
not out in the field. Qualifications shall include compassion for animals, high school
diploma or GED equivalent, and animal welfare experience. Those agents assigned to
collecting animals will be required to have a valid Florida driver's license as well as
certification as an animal control officer by the Florida Animal Control Association.
Veterinary technician (1): Duties shall include collection of samples for lab work,
administration of vaccinations, assistance in spay/neuter clinics and other facets of
veterinary care. Qualifications shaJJ include an A.S. Degree in Veterinary Technology.
Scope of services:
Contractor shaH operate animal connol shelters and provide complete animal control
services including but not limited to: collection and acceptance of animals. humane and
sanitary housing of animals, euthanasia and disposal of animals, enforcement of animal
control laws and trapping, spaying and neutering of feral cats.
Contractor shall be available for regular and emergency services on a 24 hour/seven
day a week basis at the following locations: 1) Industrial Road, Big Pine Key 2) 10600
Aviation Boulevard, Marathon.
The contractor shall maintain and pay for pennits, license and insurance necessary to
operate the shelters and maintain the facilities for costs up to $1,000. Any repair costs
over $1.000 shall be paid by the county. AU utility costs will be assumed by the
contractor.
The Marathon shelter shall be open to the public from 11 :00 a.m. to 7:00 p.m. Tuesday
through Friday and 9:00 a.m. to 5:00 p.m. Saturdays and Sundays.
The Big Pine Key shelter wiU be open Friday, Saturday and SWlday from 9 a.m. to 5
p.m. with an allowance for re-evaluation of hours after facility has been opened.
F" -"
....)
~::'f.--2:::::-2002 10:55R FROM:KEYS SHIPpmG 3058728930
TCi:2924544
PROPOSED 2oo2~2003 BUDGET FOR OPERA nON OF MONROE COUNTY
ANIMAL SHELTERS AT BIG PINE KEY AND MARATHON
PERSONNEL EXPENSES
Salaries
Overtime
FICA /Medicare
Health Insurance
Workman's Comp.lnsurance
Unemployment tax
160,000
4,000
12,500
15,000
4,000 '
1,SOO
Total personnel expenses 197,000
OPERATING EXPENSES
ProCessional Services
Medical Services
Other contracted services
Travel/training
Vehicle maintenance
Pbonelpostagelfreigbt
Utilities
Repair and Maintenance
Advertising
Office Supplies
Operating Supplies
Gasoline
Books. pub.. eleo.
Printing and binding
Equipment
Licenses and permits
Liability Insurance
Vehicle Insurance
Training
3,750
12,000
8,000
500
2,500
5,200
7,000
4,250
500
2,000
13,000
3,250
125
1,150
2,000
175
3,500
3,250
300
Total operating expenses $72,450
Total S.U.F.A. budget
(Marathon, Big Pine)
$269,450
F': 4
APR-23-2002 10:55A FROM:KEYS SHIPPING 3058728930
TO: 2924544
Budget considerations:
This budget reflects the cost of establishing a main office and administrator in the
middle keys for both animal shelters as well as coverage needs for a 52 mile area.
. Trucks and existing equipment shall be divided equally between Middle and Lower
keys sbelters with an immediate inventory of all shelters prior to contract closure.
It is suggested that tbe contract shall be for a one-year period.
P..:-
. >
April 30, 2002
To: Monroe County Commissioners
From: Stand Up for Animals, Inc.
Re: Animal Shelter contract
Based on the 1999 county animal shelter costs, the following percentages were allotted for
each shelter:
Key West: $301,590 / 501,088 = .60
Big Pine: $55,386/501,088 = .11
Marathon: $144,112/501,088 = .29
Based on the SPCA proposed bid of $539,000 and these percentages, Stand Up for Animals
proposes to run the Big Pine and Marathon shelters as follows:
Big Pine Key- $59,290
Marathon- $156,310
total of $215,600 ~~ _ '"
plus additional 5% $26,950 M-~
(for start-up costs for new office base since these shelters have traditionally been run as
satellites of Key West)
Total proposed bid for running Marathon and Key West shelter - $242,250
(45% of proposed $539,000 budget) and two trucks
Based on original county divisions, coverage will be from mile marker 17 through mile marker
69.
Attachments: Map and original county budget
Thank you,
Linda Gottwald
(305) 393-0294.
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MAY-8-2002 02:07P FROM:KEYS SHIPPING 1458728930
TO: 2924544
May 7,2002
To: Monroe County Commissioners, Jim Roberts
From: Stand Up for Animals
Re: a..flimal shelter cont:r:'-<;t
An update on our meeting last night-
Based on L'1e 1999 cou...,ty animal shelter costs, the following percentages w~re allotted
for each shelter:
Key West - $301,590/501,088 = .60
Big Pine Key = $55,386/501,088 = .11
Marathon - $144, $112/501,088 = .29
~
As per Sonny McCoy and George Neugent's suggestion that Stand Up for Animals take
Marathon and'Big Pine Key, we offered the foHowing bid based on these percentages and
the SPCA proposed budget of $539,000
Big Pine Key = $59,290 ..
Marathon = $156,310
Totalof$215,600
Plus additional 5% $26,950
(start-up costs for new office base since thes~ shelters have tmditionally b"een run as
satellites of Key West)
Total proposed bid for running Marathon and Big Pine Key - $242,250 {450.10 of proposed
$539,000) and two trucks
Based on original county divisions, coverage will be from mile marker 17 throbgh mile.
marker 69.
The SPCA declined this pJlOposal and asked that they be allowed to run Big Pine Key and
Key West at $377,300 or all three shelters at their original bid of $539,000. This leaves
$161,700 which we do not feel is sufficient to run Marathon on. We do feef cOJl1forWlfe,
however, in taking either either Marathon or Big Pine Key at 45% or Key West at 55%.
We will keep you posted- please let me know if you have any thoughts. on this-
YO~/L-J
Lin~ 06~d
"
..
P: 1
MAY-8-2002 02:07P FROM:KEYS SHIPPING 14~~72B9~_____
TO: 2924544
P:2
MAY-08-2002 10:46 FROM:MAIL 80X ETC
53B7560227
TO:305 872 8930
P.el02
May 8, 2002
To Whom It May Concern:
J have been friends with Linda Gottwald since 1987. when we met while attending the
Graduate School of Journalism at U.C. Berkeley. Early on. LInda told me about her
interest In animals that went beyond just having pets. Linda was very concerned about
animal rights and wrote stories about animals for our classes and a local paper. I was
very Impressed when. after graduation, she began volunteering at the Oakland Animal
Shelter. despite holding down a full.time job. Indeed, she became the Volunteer
Supervisor at the shelter - I distinctly recall this because I visited her at the shelter on
three separate occasions. and each time. I was directed to a room In the back where
she was organizing volunteers to do the necessary tasks. like bathing dogs, walking
them or helping members ofthe public choose dogs for adoption. At the time. I was
supervising volunteers for my church's homeless program, and we discussed effective
ways to organize people.
I must say it comes as a surprise to me that anyone would question Linda's dedication
to animals, or would try to insinuate that she has over-stated her involvement in
volunteering to help animals. It may well be that the Dlre<:tor of the Oakland Animal
Shelter doesn't remember a volunteer from 13 years ago, especially since he no doubt
works on the weekdays and Linda was a weekend volunteer. But it makes no sense
that anyone would believe that someone with such a long history of volunteering would
feel the need to "gild the lily" by upgrading her status on her resume. Llnda's dedication
and willingness to work must be obvious to even the most casual observer - many
times I've talked to her when she's neer exhaustion from getting feral cats spayed and
neutered. even as she holds down two jobs. However, and let me emphasize this, I
have not been surprised by her willingness to do something that most people would not
do; in all the years I have known Linda, she has always worked with animals in some
capacity. We have stayed In frequent contact since Linda left California in the early 90s,
by letter, telephone and later. email. so I am Intimately aware of her good works. as I
am sure the members of your community must be also.
Sincerely,
U~~^ ~.S\~
Ve;o;li~a -L.~a~U
1750 Hanover. #102
Davis. CA 95616
(530) 792.7427 vljordan@ucdavis.edu
STATE OF CALIFORNIA
COUN1V OF YOLO
SUBSCRIBED ANO SWORN 8EFOREMe eY~~ ~ ~
ON 1IIIS ftY.. T14 D,"V OF IJ.1 '" ~ 2OJI2.
,1_ SAILESH PAm (
- Comm. , 1252198
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