06/19/2002 Agreement
Cleltl Ifllle
eircul coon
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memnranduin
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Administrative Assistant
Public Works Division
FROM: Pamela G. Hanc~.
Deputy Clerk C:.Y
DATE: July 2, 2002
At the June 19, 2002, Board of County Commissioner's meeting the Board granted approval
and authorized execution of an Agreement between Monroe County and Stand Up for Animals, Inc. for
operation of the Big Pine Key and Marathon Animal Shelters in the amount of $215,600 per year.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
County Attorney
Finance
Filevi'
O~~rY ~o~~~2E
(305) 294-4641
public works Division
1100 Simonton street
Key west, FL 33040
305/292-4560 (phone)
305/292-4558 (fax)
("~/"'"~
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "SOImy" McCoy, District 3
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Bert Jimenez, District 4
Murray E. Nelson, District 5
october 16, 2002
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Re: contract to operate Big Pine & Marathon Animal Shelters I '~
Linda Gottwald, president
stand up for Animals, Inc.
29162 Iris Drive
Big Pine Key, Florida 33043
Dear Linda:
on June 7, 2002, my office mailed the contract to you for execution.
Subsequently, on June 12, 2002, a revision was made to paragraph 1(j) and an
updated page 2 was sent to you for substitution. When the contract was
presented to the county Commission on June 19,2002, the updated page 2 was
approved as part of the contract; however, when the contract was sent to the
Clerk'S office for execution, the old page 2 was included.
In order to rectify this matter and have an exact copy of the contract as
approved by the County commission, I would appreciate your initialing and
returning the correct version of page 2 which will be inserted in the original
copy of the contract.
Thank you for your prompt attention to this matter.
cc: suzanne A. Hutton
James L Roberts
S"eIV, ,~ '"
{~~
Dent Pierce, Director
AGREEMENT
for
OPERATION OF BIG PINE KEY AND MARATHON
ANIMAL CONTROL
This agreement is entered into this 19th day of June. 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 STAND UP
FOR ANIMALS, INC., a 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 Big Pine Key and
Marathon Animal Control Shelters, (hereinafter called "Shelters") located at Industrial
Road, Big Pine Key, and 10600 Aviation Boulevard, Marathon, Florida, and to provide
complete animal control and enforcement services from Mile Marker 16.7 (the Harris
Channel Bridge) through Mile Marker 69 (up to MM 70), including the Cities of Marathon,
Key Colony 8each and Layton, (hereinafter called "Service Area"), according to the
following tenns and conditions:
1. SCOPE OF SERVICES:
a. Contractor will fully staff, operate and perfonn all 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. Contractor shall secure, maintain and pay all applicable fees for any penn its and
licenses necessary to operate the Shelters.
c. 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. Contractor shall strictly adhere to
inoculation requirements for staff and volunteers.
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 provide feline leukemia virus and feline infectious virus testing
for all adoptable kittens and cats and shall not adopt out any cat testing positive for
either highly infectious disease.
k. The Contractor will provide an adoption service through the Shelters for the
purpose of securing suitable homes for adoptable 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 aN requirements have been satisfied by an applicant
prior to issuing a license certificate and shal remit all fees therefor to the County. These
license certificates are separate- from rabie& certificates, which must be provided for
adopted animals.
2. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the
Service Area described above, including, but not limited to:
A. Emergency services (24-hours per day/? -days a week) for Priority One calls
which are:
1. Injured anima!;
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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
destNction 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 adoptable 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. These
license certificates are separate from rabies certificates, which must be provided for
adopted animals.
2. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the
Service Area described above, including, but not limited to:
A. Emergency services (24-hours per dayl7 -days a week) for Priority One calls
which are:
1. Injured animal;
2
2. Bite cases; person bit by any wann-blooded creature;
3. Animal bites to other animals;
4. Wild animal in home;
5. Dangerous dog investigations;
6. Animal cruelty investigations;
7. Law enforcement requests.
B. Patrolling service area on a regular and consistent basis;
C. Picking up dogs that are running at-large;
D. Picking up cats captured in cat traps;
E. Non-emergency animal pick up from residential homes during nonnal
operating hours;
F. Picking up dead animals along County or City rights-of-way and arrange for
proper disposal in accordance with all applicable laws, regulations and
ordinances;
G. 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.
H. 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 tennination of this
agreement, the Contractor shall complete all cases originated by Contractor
including representing the County in court if necessary.
I. Complying with all applicable County ordinances and regulations as well as
the laws of the State of Florida.
3. 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 4.
4. 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 (CPI)
for all urban consumers (CPI-U) for the most recent 12 months available.
3
5. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement without
the prior written approval of the County.
6. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor
with written notice of termination at least sixty (60) days prior to the date of termination.
7. 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:
Q. 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.
8. UTILITIES:
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.
9. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $215.600.00 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 $17.966.66 per month. The Contractor shall provide a monthly invoice on
the 1st 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.
10. 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 written 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.
4
11. VEHICLES:
The County hereby leases to the Contractor two (2) 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. 0910/063)
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 vehides and shall maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "A." 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.
12. 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 "B."
13. 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 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.
14. 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 of 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
5
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.
15. 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.
16. 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.
17. 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.
18. 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.
19. HOURS OF OPERATIONS:
At a minimum, the Shelters shall be open to the publiC as follows:
Marathon: 9:00 a.m. to 5:00 p.m., Eastem Time, Monday through Friday, and
from 10:00 a.m. to 12:00 p.m., Eastem Time, on Saturdays;
Big Pine: 9:00 a.m. to 11:00 a.m., Eastem Time, Mondays, Tuesdays and
Fridays.
Hours of operation may be adjusted only upon mutual written consent of the County and
the Contractor.
20. 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.
6
21. 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 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.
22. FUNDRAISING:
The Contractor may use the Shelters for fund raising 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.
23. 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,
terminating 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.
24. 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.
25. 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.
26. 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 retumed to the renter upon return of the trap or, if the trap is not returned to
7
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.
27. 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).
28. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-
delivered or mailed, postage prepaid, by certified mail, retum receipt requested, to the
other party as follows:
FOR COUNTY:
FOR CONTRACTOR:
Dent Pierce I Director
Monroe County Public Works
1100 Simonton Street
Key West, Florida 33040
Linda Gottwald, President
Stand Up for Animals, Inc.
29162 Iris Drive
Big Pine Key, Florida 33043
29. CONSENT TO JURISDICTION:
This agreement shall be construed by and govemed under the laws of the State of
Florida and venue for any action arising under this agreement shall be in Monroe
County I Florida.
30. 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.
(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.
8
31. CONTRACT REVIEW:
After nine (9) months of initial service, about April 1, 2003, County staff, as designated
by the Public Works Director, will review and evaluate Contractor's performance to
determine if the services hereunder are being adequately provided under a split system,
and to recommend to the County Commission whether the contract should be continued
for another year in accordance with the County's renewal option listed in Section 4.
Upon reasonable request, Contractor shall allow County staff to access records,
operations, and the Shelters' premises in order to facilitate this review and evaluation.
Contractor shall respond to any questions by County about the services being provided.
32. 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
. '_ , _ in writing and be executed in the same manner as this agreement.
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N
N
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
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 hislher 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.
The Contractor will not be pennitted 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 perfonn 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 tenn 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 perfonn assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain
the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate ofInsurance
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.
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.
EXHIBIT "B"
PAGE 1
ANIMAL CONTROL ERRORS AND OMISSIONS LIABaITY
INSURANCE REQUIREMENTS
FOR
ANDdAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal
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)
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 addition, the period for which
claims may be reported should extend for a minimum of twelve (12) months following the tennination 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.
ANIMALE&O
PAGE 2
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
ANll>>AL CONTROL CONTRACT
BElWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the tenn of the contract, Employee Dishonesty
Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of
the Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
ED2
PAGE 3
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
ANll>>ALCONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
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
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.
GLAnimals
PAGE 4
VEmCLE LIABllJTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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:
. 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.
VL1
PAGE 5
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
A~CONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
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. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
WCt
PAGE 6
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHELTERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this lease/rental
agreement, the OrganizationlIndividual 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 rented.
Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a
minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
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.
PAGE 7
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POllCY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnitY and hold hannless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, 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, errors, or other
wrongful act or 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 shall
indemnifY the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
PAGE 8
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACTADMrnN~TRATION
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.
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
desired, a Request for Waiver of Insurance Requirements fonn should be completed and submitted
for consideration with the proposal.
After consideration by Risk Management and if approved, the fonn 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.
PAGE 9
MONROE COUNTYt FLORIDA
Request ForVVuver
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.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date:
PAGE 10
AFFIDAVIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I,
, (name) who being first duly sworn, in support of my request to have certain
Monroe County Animal Control charges waived, do certify:
1. That I am the owner of
(name(s) of anima1(s)
, who havelhas been picked up, housed
(specify species)
or cared for by Monroc County Animal Control.
2. That for the period of
to
, $
(date of lit charge)
(date oflast charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That lam 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 ifmore than one person in household.
_ (B) I do not have cash (including checking and savings account) in excess of $500.00.
_ (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space
provided below:
_ (D) I do not own real or personal prop~rty which are not used by me for shelter and the neccssitics of life. If this
item is checked, briefly list and describe all real property and automobiles owned by affiant:
I .
4. If any statement herein is dctennined 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
,2_, 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
EXHIBIT ~'c.. IJ
Public Works Division
RESOLUTION NO.496 -2000
A RESOLUTION OF. THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTt, FLORIDA, AMENDING RESOLUTION NO. 136-2000
CONCERNING FEES FOR ANIMAL CONTROL SERVICES; IN ORDER TO
INCREASE THE COUNTt LICENSE FEE FOR UNSPAYED/UNNEUTERED
ANIMALS FROM $20.00 TO $35.00
BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF MONROE COUNTY.
FLORIDA, as foHows:
Resolution No. 136-2000 is hereby amended to read 'as follows:
SERVICE
FEE
Pickup:.
1 st time
2nd time
3rd time and more within 12 months
$ 25
$ 50
$100
The pickup fees set forth above shall be doubled if the animal picked up was not vaccinated for rabies.
Board (per night) $ 10
Adoption
Disposal
County Ucense:
$ 10
$ 10
:r
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spayecllneutered
unspayecllunoeutered
replacement.
$ 10
$ 35
$ 2
.'
Dangerous Dog Certificate ~f.Registration
.First Year
Annual renewal
" $100
, $ 50
.'
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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the J.illdaY,or, December. . ,2000..
Mayor George Neugent. . .
Mayor Pro Tem Nora Williams'. <. '. ;'j
Commissioner Charles "Sonny", l\1cCoy' .
~ . , Commissioner Murray Nelson . ~,;
\ . Commissioner Dixie Spehar :. .
01 It-
\ ) ,,,'"'t .. '\ ..
..:\ ... ...
yes
yes
yes
, 'yes'
yes
, -
':. . '. I
.) '.~ ; :.
-
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~/J~ a~/W"4fr1 / ~.I;2/t'l /Sr ~/ 0,p/j warrants that he/it has not employed,
retained /
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
_.z::~L.-~~dZ ~~
~-=-==- "/ r5.h:vn,( ~ r ~,)na.6 ,
(signature)
'3).25) 0.:2.-
Date:
STATE OF t- \ 0 (2..:1:. \) (1.
COUNTY OF (Y\ o~Ro <c.
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
...,.----- -
L.'h'\.:\c... Got\.wc..\d who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above ~"\:l
ARY U L1C
,200L.
My commission expires: rn~~ 2:';, Zoo z..
SANDRA l. OORDON
MY COMMISSION , CC 719383
~ EXPIRES: May 23. 2OQ2
.. . "" IIandlId TIIru NolIIy ~ lbIINdIn
PAGE 24
OMS - MCP FORM #4
I,
6/Q' ~~-e
/
say that;
NON-COLLUSION AFFIDAVIT
4/a c:f!a /;nY 4' /c/ of the city of
~ according to law on my oath, and under penalty of perjury, depose and
;lP s] d't:' Pi' t; Sn:. '7 t{
1) I am ,f/-;4~ L1 MY., /d/ t?1 4,,- A).,I more <s ' the bidder making the
Proposal for the project described as follows:
O~rahoY1 0/ /?o/?/1().e ~117 ~P1~/ ~kf'S cd- hy U/""v./
(!3/r; A;e /d~ t?ncf /J1.<<rado'} /0J/Jd"CA-
2) The prices in 1his bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
~ oa,aw<Jef2
(Si ature of Bidder)
~/~b;:':U
DATE
STATE OF F-\(!)('\dc...
COUNTY OF CY\OI'"! {'ot.
PERSONALLY APPEARED
I-\I"'\c\o... G~v.:lc..\d
(name of individual signing)
BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hisl
her signature In the space provided above on this kS- day of ~ ,2~.
~IC
My commission expires: (Y) Cl "( 2. '3. 2.00 l.-
PAGE 25
;1"'- , SANDRA L. GORDON
~, :."~~f:" MY COMMI6SION , CC718383
'-..';? EXPIRES: May 23. *
.' ,ii~~~' IlondIId lllnI NolIIy PuIIIo UIldIIwlIlIlI
.....11"
:,....;-.
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
S~O/7d ~ .4/' /J/1//nq/-S
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, 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 workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Y?~n..C
~ ~/ ~~d ~zf;'\
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Bidder s Signature
3/ .;:(// 02-
Date
PAGE 26
.----J
May 16, 2001
LINDA GOTTWALD
29162 IRIS DRIVE
BIG PINE KEY, FL 33043
The Articles of Incorporation for' STAND UP FOR ANIMALS, INC. were filed on
May 10, 2001 and assigned document number N01000003423. Ple,ase refer to this
number whenever corresponding with this office regarding the above corporation.
PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES IS
ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO
MAY RESULT IN DISSOLUTION OF YOUR CORPORATION.
A CORPORATION ANNUAL REPORT/UNIFORM BUSINESS REPORT MUST BE
FILED WITH THIS O~FICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR
BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING
DATE NOTED ~BOVE AND EACH YEAR THEREAFTER. FAILURE TO FILE THE
ANNUAL REPORT/UNIFORM BUSINES REPORT ON TIME MAY RESULT IN
ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION.
A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN ON
THE ANNUAL REPORT/UNIFORM BUSINESS REPORT FORM PRIOR TO ITS
FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO
INSURE THAT YOU RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL
REPORT/UNIFORM BUSINESS REPORT. TO OBTAIN A FEI NUMBER, CONTACT
TH~ IRS AT 1-800-829-3676 AND REQUEST FORM SS-4.
SH~ULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY
THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE
ANNUAL REPORT/UNIFORM BUSINESS REPORT NOTICES REACH YOU.
Should you have any questions regarding corporations, please contact this office at the
address given below. .
Gina Bullock, Document Specialist
New Filing Section
Letter Number: 101 A00029672
Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314
.
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DEDICAnD TO THE PHOTEmON & WElfARE OF ANIMAlS
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STAND UP FOR ANIMALS
Activity and Operational Information
Stand Up for Animals is a non-profit organization dedicated to animal we'fare in
Monroe County. Board members are: Linda Gottwald, president, Richie Moretti, vice-
president and Veronica Jordan, secretary.
Since becoming incorporated in May of2001; Stand Up for Animals has had the
pleasure of welcoming 28 new members and volunteers. In introducing this bid to the
county commissioners, we bring tremendous animal care experience and ambitious,
exciting new plans to the future of Monroe County's animal shelters.
Our combined experiences include the directorship of volunteers for the Chicago Anti-
Cruelty Society, the founding of an effective spay/neuter and health maintenance
program for feral cats on Plantation Key and extensive experience in media relations
(Linda Gottwald) , the founding and operation of an internationally recognized sea turtle
hospital (Richie Moretti) , and as an attorney for the Animal Legal Defense Fund
(Veronica Jordan). .
If awarded the contract for operating the shelters of the middle and lower Keys, one of
our major goals is to reopen the Big Pine Key facility, which has been closed for the past
few years. Judging by the number of animals that have been adopted from our home base
in Big Pine Key following newspaper advertisements, there is a strong need for this
facility to have regular hours. In addition to the number of number of people who are
unable to drive all the way to Marathon or Big Pine to adopt an animal, (many of them
retirees living on Big Pine, Sugarloaf and Cudjoe Keys), there are also individuals who
are inclined to abandon their cat or dog rather than bother to drive any distance. Dogs
abandoned on Big Pine Key can pose a threat to the endangered Key deer living on the
island, and Stand Up for Animals receives calls on a weekly basis requesting help for
abandoned cats throughout the island. Opening the facility would also relieve
overcrowding in the Marathon and Key West facilities.
In terms of staffing, we are familiar with several of the shelters' current employees and
it is our intention to retain as many of these workers as possible. Volunteers for Stand Up
for Animals will be used to supplement current staff, enabling us to expand current hours
at the shelters.
A second major goal is to make the animal shelters far more "people-friendly". .
We want to create an atmosphere that makes people feel they are welcome to come in and
simply visit, regardless of whether they intend to adopt an animal. If they do chose to
29162 IRIS DRIVE · BIG PINE KEY, FlORIDA 33040 · 305 · 812-2235
apply for animal adoption, we intend to make the process more user-friendly, while still
ensuring the well-being of the animal by a follow-up home visit. Based on past
experience and research conducted by the Humane Society of the United States, Stand Up
for Animals would like to explore the possibility of opening shelters on Sundays, when
families can come together to visit animals. Our goal is to increase adoptions and reduce
euthanasia by broadening opportunities for the public to meet and interact with animals.
By establishing outreach programs, hosting fund-raisers, participating in community
events and emphasizing an open-door policy, we plan on establishing a reputation as one
of the finest animal welfare organizations in the state where people know animals will
receive the best of care and plenty of affection. We enjoy an excellent relationship with
numerous animal welfare groups in the county and anticipate working with them on a
variety of projects.
Stand Up for Animals also plans to continue an aggressive spay/neuter program. In the
past nine months, we have trapped and neutered 68 feral cats, 45 of which were found on
Big Pine Key, eight from Summerland Key, three from Marathon and 12 from Key
West. The majority of these animals were helped in response to calls from individuals or
restaurants. This spring, veterinarian Doug Mader, has agreed to hold a special
spay/neuter clinic day with Stand Up for Animals at the Marathon Veterinary Hospital
for animals in Big Pine Key and Marathon.
Stand Up for Animals has placed 35 cats and one dog for adoption in approved homes.
We routinely sponsor advertisements in local newspapers featuring abandoned animals
and a thorough screening is done before each animal is placed. All animals are
spayed/neutered prior to placement and one follow-up home visit is conducted after
placement.
More than $2,000 worth of medical care has been provided by Stand Up for Animals in
conjunction with local veterinarians to animals in need in Monroe County. Our group
routinely offers rewards for information leading to arrest and conviction in animal cruelty
cases. In Sept. 2001, Stand Up for Animals paid $500 for information leading to three
arrests in the beating death of a cat in Bahama Village.
In October of 200 1, Stand Up for Animals sponsored a poster/essay contest promoting
a theme of kindness to animals open to Monroe County school children. Our group has
also visited elementary schools for assemblies based on the same theme.
Our first fund-raiser, "Animal Heroes of the Keys," held in January, 2002, raised more
than $4,000. More than 200 people attended this banquet to honor fifteen individuals for
their contributions to animal welfare in Monroe County.
In February, 2002, Stand Up for Animals introduced a campaign, with the
endorsement of state attorney Mark Kohl and sheriff Rick Roth, to stop pet abandonment
in Monroe County. A $1,000 reward is being offered for information leading to the
prosecution of persons intentionally abandoning an animal in Monroe County.
This month, we received preliminary approval for status as a 501(C) (3) federally tax-
exempt organization. This status will enhance fund-raising activities, which we plan to
hold regularly in order to supplement our budget. We also hope to take advantage of the
numerous grants available to humane organizations.
Monroe County has seen a number of animal cruelty cases in the past few years. Stand
Up for Animals intendeds to work closely with the state attorney's office and law
enforcement officials to see that these cases are prosecuted to the full extent of the law.
AFFIDAVIT
I, Linda Gottwald, being first duly sworn, do say as follows:
1. I am the president of Stand Up For Animals, Inc. a non-profit corporation.
2. I have filed with the Division of Worker's Compensation a notice of election to be
exempt from the requirements of Ch. 440, F.S., as a corporate officer.
3. I have obtained a commitment for Worker's Compensation coverage for employees
but a binder has not yet been issued.
4. It is expected that a binder number will be issued on July 2, 2002, for Worker's
Compensation coverage.
5. Stand Up For Animals has executed a contract with Monroe County to administer
the animal shelter facilities on Big Pine Key and Marathon, Monroe County, Florida.
6. Said contract is to commence July 1, 2002.
7. I swear that I will be the only person to perform services for Stand Up For Animals
and under the County contract until such time that a binder is issued for Worker's
Compensation coverage for the corporate employees other than myself.
Signed this 1st day of July, 2202: ~....;. ~a..e?ce
- "'1.~ottwald
State of Florida
County of Monroe
Sworn to and subscribed before me this 1st day of July, 2002, by Linda Gottwald.
..~'t.~" PAMELA G. HANCOCK
f.."f""'X~ MY COMMISSION # CC 908235
~'~~l.i EXPIRES: February 7, 2004
'''l'(:1if.:~'''''' Bonded Thru Notary Public Underwriters
Personally Known_
Or Produced Identification'/ /' . .
Type of Identification Produced ~ ~~~
a 4'13'$"2.&'/. ~,. FS'I. 0
05/27/2002 15:05 3057434057
MARATHON VET HOSPITA
PAGE 01
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VE-,'[RlNARV
HOSPITAL
May 27, 2002
Attn: Dent Pierce at "roe County Public Works, Key West, Florida
Reg: Marathon Animal helter euthanasia procedure
To whom it may con.
Hospital is offering its services for the
imals at the Marathon Animal Shelter on Aviation
inarian will perform the euthanasia and be'
I of needles and syringes used. The euthanasia
arathon Veterinary Hospital and will not be left at
zed use.
The Marathon Veterin
euthanasia of shelter
Boulevard. A staff ve
responsible for the dis
solution is kept at the
the shelter for unauth
Sincerely t
t
Geraldine Diethelm, Dr. t. med., chief of staff
11187 Overseas Hig/lwa . Marathon. Fl 33050/ Ph (305) 743.7099, toll( (305) 743-4057
JUN-2S-02 16,15 FROM,HONROE COUNTY ATTV OFFICE
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10,3052923516
PAGE
1 / 1
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(3QS)l!t4..0G4'
8OARl:> OF COUNTY CO.,u&TSSIONe~
MAYOR Charles 'SoMY. McCoy, District 3
Moyor PrQ tem Di"jc SpeJw-. l:>istric1 1
Mw-ray Nelson. District 5
mr9c NcugcJIt. I)istritt 2
Bert Jimenez, DiSTrict 4
Offiu of th& Coun1y Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470. Phone
305/292-3516 . Fax
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June 2&, 2002
VIA FACSIMILE 305/743-4057
Dr. Geraldine Diethelm
Marathon Veterinary Hospital
11187 Overseas Highway
Marathon, FL 33050
RE: Marathon Animal Shelter Euthanasia Procedure
Dear Dr. Diethelm:
Your May 27, 2002 letter to the attention of Dent Pierce was forwarded to me to
determine if this provision of euthanasia services by your hospital would suffice for the animal
shelter until it receives its Board of PharmacylDEA permit. Since the letter does not specifically
state that your hospital will provide the euthanasia services until the Board of PharmacyJDEA
pennit is in fact received by Stand Up for Animals, I. have advised the Monroe County Public
Works to consider a very temporary alternative procedure. Also, I request that at such time that
your hospital no longer provides those euthanasia services to Stand Up for Animals at the
Marathon Animal Shelter, you immediately notify Monroe County via facsimile to Dent Pierce
at 292-4558.
Your assistance and cooperation in this matter is greatly appreciated.
Suzanne A. Hutton
Assistant County Attorney
SAH:dct
Beth Leto J
Linda Gottwald
cc:
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PERMIT
Issued Under Authority of the Wildlife Code of the State of Florida
(Chapter 68A, Florida Administrative Code) by the
STATE OF FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
620 South Meridian Street, TaUahassee, FL 32399-1600,904/488-3831
Permit No. N4591
Permit Type Nuisance Wildlife
Permittee Linda D. Gottwald
Phone: 305-872-2235
Region: South
Technician: Owen Brag and Debbie Jones
Issuance Date 06/1 012002 Expiration Date 06/1 0/2004
Specific Rule Authority 68A-12.009 & 68A-24.002
Affiliation Stand Up for Animals
29162 Iris Drive
Big Pine Kev. FL 33043
Pursuant to rules 68A12.009 and 68A24.002 in the Florida Administrative Code (F.A.C.), this permit
authorizes the above named permittee to take certain nuisance or destructive wildlife in Florida (counties of
interest: Monroe) on property owned by other persons at the request of and on behalf of the property owner
or the property owner's designee. The permittee must adhere to the following conditions and provisions.
Provisions/Conditions:
1. Nuisance or destructive wildlife may be hand-caught, live-trapped, snared, or shot as necessary. The
permittee is not authorized to use poisons, steel traps, or gun and light at night unless otherwise and
specifically permitted to do so. This permit does not authorize the permittee to discharge a firearm within
a municipality or residential area or contrary to applicable law.
2. This permit does not authorize the permittee to transport and release raccoons (Procyon lotor), opossums
(Didelphis virginiana), or fox (Urocyon cinereoargenteus and Vulpes vulpes) into the wild off the
property where they are captured except with the written concurrence of the receiving property owner.
The permittee may not release back into the wild any non-native species of wildlife captured. Native and
many non-native species are described in the enclosed copies of A Checklist of Florida's Amphibians and
Reptiles, Checklist of Florida's Birds, and A Checklist of Florida's Mammals.
3. The permittee must employ humane methods when taking or transporting nuisance wildlife, as defined
in Chapter 828.12 and 828.13 Florida Statutes, and 68A-6 F.A.C.
4. This permit does not authorize access to any public or private properties. In instances where written or
verbal permission for access is required, such permission must be secured from the appropriate
landowners or public agencies in advance of undertaking any work on those controlled properties.
5. This permit does not authorize the taking of: (1) migratory birds (Le., birds listed at Title 50, part 10.13,
Code ofF ederal Regulations) other than blackbirds (Agelaius spp., Euphagus spp.), grackles (Quiscalus
spp.), cowbirds (Molothrus spp.), or crows (Corvus spp.); (2) migratory bird nests: (3) state- or
federally-listed Species of Special Concern, Threatened or Endangered Species (i.e., species or subspecies
listed in 68A-27.003, 68A-27.004, or 68A-27.005 F.A.C., or in Title 50, Part 17.11, in the Code of
Federal Regulations; (4) Florida black bear (Ursus americanus floridanus) in Baker and Columbia
counties or in the Apalachicola National Forest; or (5) white-tailed deer (Odocoileus virginianus).
PERMIT
Permit No. N4591
ProvisionslConc\itions
6. This permit is nontransferable, and other persons may assist in the permitted activities only while under
the direct on-scene supervision of the permittee.
7. This permit shall be readily available for inspection at all times while the permittee engages in the
permitted activities.
8. A report containing a list of wildlife by species that was taken and the disposition of such wildlife shall
be submitted to the address-atthe top of this permit by 30 January following the calendar year in which
the activity was performed.
9. This permit is subject to revocation prior to the expiration date pursuant to Chapter 120, Florida Statutes.
Application for renewal should be made at least 30 days in advance of the date it is needed.
10. This permit supersedes any previous permit or authorization issued by the Commission to the permittee
for the taking or transport of nuisance or destructive wildlife. Acceptance of this permit by the permittee
constitutes agreement to abide by this and other provisions of this permit.
Ken Haddad
Executive Director
W!.1~ ~~rJ
By:~~
Mark Robson
Regional Director
cc: Major Kenneth Clark, Regional Commander
Ricardo Zambrano, Regional Biologist
Ms. Beverly MeIt~
Revised June 11, 2002
LIC 6-20
JUN-27-2002 09:23
DIV OF ANIMAL INDUSTRY
8512l 4112l 121946
P.12l1
Florida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol . Tallahassee, FL 32399-0800
fax
Please R.espond To:
Division of MlrM hld~1Jy
Room 3 IS. Mayo BlliJding
407 Soulll CaIboun Street
T.I~hauee. Florida 32399-0800
(8$0) 41 D-0945; fIX (aso) .10-0946
htm:J/doIa.scate.O.uallif.iindclt.htm
Date: I JUDe 27 t 2001
To: r Linda Gottwald
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Fax #: I30S~292-45$8
From: I FraDcts Araold
Subject: t Permit to Transport Animal CareassealRefuse
Pages: 13 pages IlleludlDg cover
Notes: Fonowlng is copy of permit Issued for LiIlda
GottwaldlStaDdiDg Up for Antmals pellding
iDSpedio. by our field personael. Also fono",IDg
is a copy orFlorlda Stlltute 585.147. Please caU
me If you have any questions.
SEND OVERNIGHT MAIL TO:
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
MARKS AND BRANDSJLIVESTOCK HAULERS PERMITS
ROOM 315 MAYO BUILDING
407 SOUTH CALHOUN ST
T ALLAllASSEE FL 32399
JUN-27-2002 09:23
DIV OF ANIMAL INDUSTRY
850 410 0946
P.02
Florida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol . Tallahassee, FL 32399-0800
Please Rellpond to:
DIVI.... .r ~DlmaIIIldu&CJy
lWay.llulldlJl&, Roll. 315
m Solidi CatbollD Stroet
Taltalwaee, Ill. JU9lt-t800
15OI911~JI1
SECTION 585.14', FLORIDA STATUTES-
PERMIT FOR TRANSPORTING OR HAULING CERTAIN ANIMALS OR ANIMAL
PRODUCTS; FEES; VEmCLE AND CONTAINER REQUIREMENTS.-
(1) No person shall engage in the business of transporting or hauling any dead, dying,
disabled. or diseased animal; any product of an anUnal that died other than by slaughter; or
any inedible animal product not meant for human consumption without h~ving first applied
for, and obtained from the department, a pennit, which shall expire on JWle 30 of each year.
(2) All vehicles used in the transportation of carcasses or refuse on public highways shall
be of such constIuction as to prevent seepage or residue from escaping.
(3) All barrels Or other containers used for transportation and storage of carcasses or refuse
shall be clearly marked "inedible'. with letters not less than 2 inches in height.
IDIIOry.--S. 3,ch. 98-396.
SECTION 585.007, FLORIDA STATUrEs..
VIOLATION OF IU1LES; VIOLATION OF CHAPTER.-
(1) Any person who violates the provisions of this chapter or any rule oftbe department
shall be subject to the imposition ofan administrative fme of up to $10,000 for each offense.
Upon repeated violation, the department may seek enforcement pursuant to s. 120.69.
(2) Unless otherwise provided. any person violating the provisions of this chapter is guilty
ofa misdemeanor. of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Bistory.--8. 19. ch. 7345,1917; RGS 5554; s. 6, ch. 8508, 1921; CGL 7740; s. 10, ch. 17273, 1935;
Cot 1936 Supp. 7742(4); s. 34 ch. 59-457; s_ 607. eh. 7)-136; s. 3, ch. 87-151; s. 8, ch. 90-321.
Note.--Fonner s. 585.41
ON THE INTERNET AT:
http://www.leg.state.fl.usloitizen/documentslstatutes/1998/chS8SltitJ058S.htm
.
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Florida Agriculture and Forest Products
$53 Billion for Florida's Economy
JUN-27-2002
09:23 DIV OF ANIMAL INDUSTRY
Florida Department of Agriculture and Consumer ~ef'Vlces
Division of Anima/Industry
Bureau of Animal Disease Control
850 410 0946
P.03
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Name oll.dividual
Application and Permit to
Transport Animal Carcasses/Refuse
585.147, Florida Statutes
SC-23, Florida Administrative Code au..tIona: 850-41().()945
Nole: All documents and attachments submitted with this request are subject to public review pursuant to Chlpter 119, F.S.
. --_." - -.
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(Please print (IT type)
Address: ~t/I'; 71"1$ D/'J7_'Ve... City . 8;~ 1:-11<'_,14.1-/ - ~
COUDty: _"?!1o.o..roe.- _ Pbon~: '( ~o..s) ___.8? ~ - z..
Florida Department of AgricuIWre &
COnsumer Services
Poet OffIce Box 6710
TaUaluJUe8. Florida 32314-6710
~IWU." II. NONION
c_or~-
http://www.doacs.&t&te.fl.uslailallndex.htm
Zip: 33 D
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Do yoa .-riIC ja tile buslDess 0([1..., reeeive paymeat or derive DIOllctlrYoreeoDo~~~hm) tnDlporUll..orbaullal -t..cIJad.
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!YYes 0 No
fI JOu nswered "Yes''. please proceed with this application a.d rehll'D with .. .plleado. 1...OrS200 ... ..,ale .. CIte II10rIda
Department 01 Apiculturc a..d Consumer Services. U you auwer.d "No", please lto' ... ntura tile In t.e ....
- -
Vehicle IDv'Dtory: (List aU vehicl'$ 10 b. used 10 transport or haul tIIIinuJ/ ClUCIISSG or "... Use ca 3eptRlf1","* i/,,<<uldryj
Year Make M!:!tl IJamc Ta, Number
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III auonluee wk. ltCtio. 515.147. Florlda Stat1ltCl, .pplicatlo. ts lIenby made for pennlt to tnuport or _... eerfIllD........ _......
prodllft. (un:allellrefllH) "~ID tlte State of Florida, I cerdfy "at:
(I) '-'0 valda ued la tile traupertaeloa or DrusaCl or rer... OD publte lalC".r' ,11 all b. of ..cIa ~ II '0 PN"8t..... ...
mWIIe from elCIlplac;
(2) AU barnls or other CODt....n aNd for tr...penatloD ..d ltOraee or aRafHS Dr refute "aU ... clearly-riled "INEDIBLE" wtda
letten ..e let, IUD llac:laa III Hlckt; ad '
(J) I acne .. co....r wllll dae reca-1mncatl of seedOD 5'5.1'7. Florida Statu.... .., II' nlel of tile Dep.......t ...,... pun.... tltlftllL
The iaformado. glvea above Is true aad eorred to the beat 01 DIY bowledg..
-/. ~..-/ lJ6edrVl. ,
SipltureofOwncrorAgenr ~.#a/,-~~~ ~'P(rk/~1s. -7-o~
PlcaacPrintNImte /..ltJQIr GoT'TWM...D Title Dale
WltDw m)' baad .ad Omdal.ea~ ~ay of TtL-Vl ~
~ G\. "~C2
Notllry P"b1ic --
~.~ ~"C$ August 27.2002
(Notary Stamp)
TRANSPQRTERtS PERMIT
Completion of this .ection ahan malce lbe application 1 valid pennit. under authority or sectiOn 585.1.1, Flom. SWUtes, permit Co tnnIport or haul ceftain
IIlimaI.s or animal procIucu (wC:Useslrefuse) 1100& the public rolds or hi,hway, ofPlorida in the vehicle dclcnW above i'lRIlted. Thi. pcnnit '"*y be
revobd by the Commi"loner or Agriculture at any time ifperminee violates .ection 585,147, Florida Statuta, or Illy rwpIatjon edoplCd pursuant daCl'do.
-.----
mls PERMIT EXPIRES
CHARLES H. BRONSON By:
Ct1".".ulillll~r III Atrieullur6
E 30, Z003.
41 ~~~1
41.09.o2001-GOO A1, OO2OS' Fee: 5100,00
State VeteriD.rllID
R<<ellled: Ob---j :2-0;;) Permit No.:
tJACS-If,S6 (a.I/i$.I'SlI4ll1j
Distrilndion; Original - AppliCQ"t Duplicate - Office
o~o
02-0120Q225-0001
200.00 06/10/20l2
991923
... I art
Dl4plicale - Field
TOTAL P.03
~v~-~~-~~ U~;&9 PM EH MARATHON
3052892-('-22
I~' . U 1
Jcb Bosh
Oo\'emor
.
. .
Johll 0, Ag\\lll1obi, M.D.. M.B.A
SCCreliU)'
FAX
Environmental Health
Monroe County Health Department'
3333 Overseas Highway
Maratbon, FL 33050
.
Fax: (SOS)Z89.z722
Phone: (305)289"%'7%:1
TO; [,,,;";/A- ~HI4-'II4.q
}o'AX:~) ?~.;r_- 6$7>?
RE:
FROM: r;. ~~
,&',&/ ~~.ou'.~ ~AA-P~.:g'
DATI':: ~~dL/I2.~
----, ..
I
Pages (including cover' sheet)
Mt!ssage: ~~--r" ~i/ tA Yd-I"'~ .?~:C 4,-.. ~~~~..4-A
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CONFIDENTIAL under Florida Statutes and is intended 'to be
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J\lONJ~OE COlJNTY JlF.Al.TJI DtrAlll'MF.N'r
1':111. "'h~ ('':''''''r r~.:. f',,~'~i:- l1"'ll!!,
;ljj;\ O\'CI"SCl1$ Highw;l)'
Maf;lIholl, Florida 33USU
(:'05) 2119.272I . FAX (311~) 28?-2722