Item C26BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C26
Agenda Item Summary #3075
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051
None
AGENDA ITEM WORDING: Approval of 9th Amendment to the Contract dated 04 -18 -2007
with Humane Animal Care Coalition, Inc. (HACC) for operation of the Key Largo Animal Shelter
for 2.1% CPI -U adjustment effective July 1, 2017, and an update to the public records language.
The agreement amount will increase to $291,790.32/yr or $24,315.86/mo. and is funded through ad-
valorem taxes.
ITEM BACKGROUND: On April 18, 2007, the BOCC awarded the Contract to HACC to operate the
Key Largo Animal Shelter and provide animal control services from Mile Marker 70 through Mile Marker
112, including Ocean Reef and Village of Islamorada. On March 15, 2017, the Contractor requested an
annual CPI -U adjustment. The percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI for the most recent 12 months as of December 31, 2016, is 2.1 %. Effective
July 1, 2017, the agreement amount will increase from $285,788.76/yr or $23,815.73/mo to $291,790.32 /yr
or $24,315.86/mo.
PREVIOUS RELEVANT BOCC ACTION: On February 10, 2016, the BOCC approved
Amendment 8 for a CPI -U adjustment with a retroactive starting date of December 1, 2015, and
continuing through June 30, 2017, per contractor request. Language for renewal and deadline date
for CPI -U request was updated.
On May 20, 2015, the BOCC approved Amendment 7 activating the five (5) year renewal to contract
dated April 18, 2007. In addition, this amendment also: Clarifies total compensation shall not exceed
total contract sum and reimbursement deadline; Requires Contractor to attend additional training as
required by the County; Adds that County may request revisions to Contractor's policy and
procedure manuals; Updates language to include contacting law enforcement, when warranted;
Requires amending Pets in Shelter section, updating pet friendly shelter plan, and includes recruiting
shelter worker from volunteers; Clarifies CPI -U adjustment formula and requires a request of CPI -U
deadline date; Clarifies County is "intended recipient of audit;" and adds language required by
Florida Statute in regards to public records.
The BOCC approved CPI- U adjustments in Amendments 4 — 6, between September 21, 2012, and
February 18, 2015.
On September 21, 2011, the BOCC approved Amendment 3 which updates the expiration date of the
contract to coincide with the other Monroe County Animal Control contracts. This amendment also:
Updates payment procedures, requires updated paperwork to be submitted by the Contractor and
updates, clarifies or adds language in reference to services, public fees, vehicles, capital expenses
and assets, donation, fundraising, inspection of books, records and policy, termination and notices.
The BOCC approved Amendment 2 on May 19, 2010, for a CPI -U adjustment.
On August 15, 2007, the BOCC approved Amendment 1 to add Section E. Hurricane or Other
Natural Disaster to the contract outlining responsibility, policy, and procedures in such an event(s).
CONTRACT /AGREEMENT CHANGES:
Effective July 1, 2017, monthly reimbursement increases by 2.1% CPI -U adjustment (as of Dec. 31,
2016) to increase annual contract sum to $291,790.32/yr or $24,315.86/mo. and updates public
records language.
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
9th Amendment HACC (legal stamped and executed 6 13 17)
2007 -04 -18 HACC contract
021016 Item C -18 Exec 8th Amendment HACC
031517_CPI -U request for July 01 2017
FINANCIAL IMPACT:
Effective Date: July 1, 2017
Expiration Date: Contract expires June 30, 2020
Total Dollar Value of Contract: $291,790.32
Total Cost to County: same
Current Year Portion: $72,947.58 — (July 1, 2017 — September 30, 2017)
Budgeted: Y
Source of Funds: ad valorem
CPI: upon request annually
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required:
Additional Details:
REVIEWED BY:
Kevin Wilson
Completed
06/06/2017 11:28 AM
Patricia Eables
Completed
06/06/2017 11:45 AM
Budget and Finance
Completed
06/06/2017 1:54 PM
Maria Slavik
Completed
06/06/2017 2:01 PM
Kathy Peters
Completed
06/06/2017 6:56 PM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
9 th AMENDMENT TO AGREEMENT
(Operation of the Key Largo Animal Shelter)
THIS 9 1h AMENDMENT TO AGREEMENT is entered into this 21 st day of June, 2017,
between Monroe County Board of County Commissioners (County) and Humane Animal Care
Coalition, Inc. (HACC /Contractor), in order to amend the Agreement entered into on April 18,
2007, ( "Agreement "), as amended on August 15, 2007, May 19, 2010, September 21, 2011,
September 21, 2012, April 16, 2014, February 18, 2015, May 20, 2015, and February 10, 2016,
as follows:
WHEREAS, the terms of the original contract provide that the contract amount may be
adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI -U) for the most recent twelve (12) months available; and
WHEREAS, the contractor, HACC has timely requested a CPI adjustment as allowed
under the agreement; and
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
1. In accordance with Section IV of the Agreement, the annual contract amount is adjusted
by 2.1% for the CPI for all urban consumers (CPI -U) for the most recent twelve (12)
months available ending December 2016, effective July 1, 2017. Effective July 1, 2017,
the total compensation paid to the Contractor for its services under this agreement shall
be $291,790.32 per annum or $24,315.86 per month.
2. In accordance with Section XX of the Agreement, PUBLIC RECORDS, shall read:
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida.
The County and Contractor shall allow and permit reasonable access to, and inspection
of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and Contractor in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this contract
and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and
costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
Page 1 of 3
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119. I0, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292-
3470 BRADLEY - BRIAN @MONROECOUNTY- FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12 Street SUITE 408 KEY
WEST, FL 33040.
Page 2 of 3
3. In all other respects, the remaining terms of the Agreement entered into on April 18,
2007, as amended, and not inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in the
respective names.
(SEAL)
Attest: KEVIN MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:-,-
Deputy Clerk
W* ness 4 Signature
Print Name Date
Mayor/Chairman
HUMANE ANIMAL CARE COALITION,
INC.
By:
President
Date:-
KC 6.2
Page 3 of 3
CONTRACT
THIS CONTRACT, entered this 1 \3� day of ,r-x k 2007, by and Between the Board of
County Commissioners of Monroe County, Florida COUNTY), and Ar -V 1 CA,r
(CONTRACTOR). C ca, l ck" O' - ,mac.
WHEREAS, County has certain responsibilities under State and County laws, to provide animal control
services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the
County that a contract with a private provider of such services, NOW THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows:
TERM OF AGREEMENT:
This agreement shall be for a five (5) year period beginning, A `L_ _ 2007 and
ending at 12:00 midnight on o 2012. The t a this agreement shall be
renewable in accordance with Section IV.
II. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under this Agreement
shall be $ Z� L,4 1 co 1. Q per annum. The County shall pay the Contractor on a per month in
arrears basis in an amount equal to 1112 of the total cost of the contract, or $ Qa 0 3. er month.
The Contractor shall provide a monthly invoice on the I't day of each month to the Division of
Community Services, and payment shall be made on or about the Ist day of the following month. 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.
11I. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key
Largo Animal Shelter located at 105951 U. S. Highway 1, Key Largo, Florida 33037, and
provide complete animal control and enforcement services from Mile Marker 70 through Mile
Marker 112 including Ocean Reef and the Village of Islamorada.
1. STAFF: The Contractor will fully staff, operate and perform all current functions of the
Shelter, as further identified in the training manual to be prepared by Contractor; said training
manual will be reviewed and approved by the Director of Community Services Division or his
designee prior to implementation.
2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County
Health Department and follow all local and state laws, regulations and procedures, including but
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not limited to Rules 64D- 3.040, Procedures for Control of Specific Communicable Diseases and
Chapter 64B 16 -29, Animal Control Shelter Permits.
CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that are brought to the
Shelter or which become the responsibility of the Shelter. All animals in the
custody of the Contractor shall have a constant supply of fresh water and be fed a
diet appropriate for their species, breed, age and physical condition.
(b) 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.
(c) The Contractor shall provide the personnel and materials necessary to humanely
euthanize all animals designated for euthanasia by the supervisors or designees of
the Shelter. The primary drug to be utilized for euthanasia shall be sodium
pentobarbital, and the Contractor shall administer euthanasia to those animals
designated for destruction in a humane manner and consistent with state and county
laws and regulations. The Contractor's personnel who perform euthanasia will
have appropriate certificates attesting to the employee's authority to perform
euthanasia, and copies of the certificates will be forwarded to the Director of
Community Services Division or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable dogs, provide
deworming to all adoptable animals, and shall have a program in place for flea and
tick control. 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.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter,
including kennel area, cages and euthanasia room, and all equipment in a clean, safe,
and sanitary manner.
S. ADOPTIONS:
(a) The Contractor shall ensure that rabies inoculations will be given to all adopted and
redeemed animals as required by law.
(b) The Contractor will provide an adoption service through the Shelter for the
purpose of securing suitable homes for adoptable animals. The Contractor 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 Community Services Division or his designee as to
form and practicality. All adoptable animals will be available for inspection by the
public during normal working hours. The Contractor shall utilize the Adoption
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Agreement attached hereto unless modified by written and signed directive from
the Director of Community Services Division.
(c) The contractor shall enforce the provisions of the contract, including, but not
limited to, taking any action necessary to ensure that an adopted animal is spayed
or neutered prior to releasing the animal or transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates
for dogs as required by the Monroe County Code and collect the fees established by
County Resolution 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.
POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a Policies
and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the
following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of animals.
3. Protocols for responding to calls for animal control services, whether in the nature
of law enforcement, pick -up of dead animals, or other.
4. Protocols for daily maintenance of premises and equipment, including vehicles.
5. Training Staff
a. prerequisites for certain positions
b. keeping staff current
6. Training provided* shall include:
a. Shelter Policies & Procedures (required of all staff, including volunteers)
b. Basic Pet Care
c. Veterinary Health Care
d. Animal Behavior
e. Animal Handling
f. Breed Identification & characteristics
g. Obedience Training
h. Behavior Problem Solving
i. Counseling Methods
j. Conflict Management (required of all law enforcement personnel)
k. Grief Counseling
I. Telephone Manners and Customer Service Skills
*Items a & j must be at least in part provided in a classroom or seminar type
setting, with live or video teaching. All other training may be self - study,
although some in- person or video training is highly recommended.
Training shall be provided appropriate to the position filled by the worker,
whether that worker is an employee or a volunteer.
7. Adoption Guidelines, which shall absolutely require sterilization ofall animals
p rior to release to ado ter. Other guidelines shall address, at a minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing care, safe
environment, veterinary bills for life of the animal.
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c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful
placement.
d. Requirement that County's Adoption Agreement (or similar adoption
agreement approved in writing by County's Director of Community Services
Division) by utilized for each and every adoption and enforced if the animal is
not spayed or neutered at the time of the transfer of ownership.
8. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open to the public
from 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.
Hours of operation may be adjusted only upon mutual written consent of the County and the
Contractor.
B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and
enforcement services within the Service Area described above, including, but not limited to:
1. Training of Animal Control Officers: The Contractor shall provide that all animal
control officers complete the mandatory certification program outlined by 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 Community Services Division, or his designee, with copies of the Animal Control
Officer Training Program Certificates.
2. Emergency services (24 -hours per day /7 -days a week) for Priority One calls which are
a. Injured animal;
b. Bite cases; person bit by any warns- 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.
3. Patrolling service area on a regular and consistent basis;
4. Picking up dogs that are running at- large;
5. Picking up cats or raccoons captured in cat or raccoon traps;
6. Non - emergency animal pick up from residential homes during normal operating hours;
7. 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;
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,
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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.
10. Complying with all applicable County ordinances and regulations as well as the laws of the
State of Florida.
C. FEES. The Contractor shall collect and remit to the County all funds that are 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
Community Services Division 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 Community Services Division or his designee, said affidavit form is attached
hereto and marked Exhibit "B." The Contractor shall only charge fees as outlined in Monroe
County Resolution No. 599 -2006, as same may be amended from time to time; said Resolution is
attached hereto and marked Exhibit "B." The Contractor shall not charge any other fees for services
at the Shelter unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services Division or his
designee with copies of all bite reports and citations that are issued on a bi- weekly basis. Contractor
shall submit on a monthly basis to Director of Community Services Division the following reports.
(1) Adoption Reports, by species & age (maturahmmature), with separate accounting showing
Pure breed; returns and reasons; adoption denials.
(2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also showing manner
received (telephone call, letter, visit to office, encounter in course of duties); and the action
taken for each.
(3) Euthanasia, by species & age (mature /immature), and showing number which were feral,
diseased or injured.
(4) Number of animals taken in, by species & age (mature/immature) and showing numbers.
brought in, picked up & redeemed.
(5) County Fees collected, designating the fees collected for each of the following: licenses,
pick -up, intake, boarding, adoption, disposal & euthanasia.
(6) Average number of days of boarding by species & age (mature /immature).
(7) Total number of animals (by species) at the shelter at beginning of month and the total number
of animals (by species) at the shelter at the end of the month.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other
natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In
this regard, the Contractor shall designate at least three (3) employees who will be able to remain in the
County to care during the disaster for the animals which have not been evacuated and after the disaster for
animals not evacuated and any animals which are at large. The Contractor will supply those employees'
names, addresses and telephone numbers to the County Administrator who may, at his discretion, require
the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3
Hurricane or natural disaster.
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F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal
ControlJShelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide
evacuation of pets of Special Needs Clients and assistance with care of said pets.
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the County and the Contractor agree that neither the County nor
the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in the Agreement.
IV. RENEWAL:
The County shall have the option to renew this agreement after five (5) years, for one (1) additional five -
year period. 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.
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees
for any permits and licenses necessary to operate the Shelter. By signature hereon, the Contractor
warrants that it is authorized by law to engage in the performance of the activities herein described,
subject to the terms and conditions set forth in these contract documents. Proof of such licenses and
approvals shall be submitted to the County upon request. The Contractor has, and shall maintain
throughout the term of this contract, appropriate licenses and approvals required to conduct its business,
and that it will at all times conduct its business activities in a reputable manner.
VI. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be
independent contractors in their performance of the work contemplated hereunder. As such, the
Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of
County employees. The provider shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided.
VII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the services
under this contract. The personnel shall not be employees of or have any contractual
relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully qualified, and,
required, to be authorized or permitted under State and local law to perform such services.
VIII. 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.
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IX. VEHICLES:
The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter
identified as follows:
1999 Chevrolet Astro Van (Unit 09111020)
2000 Dodge 1500 Pickup Truck (Unit 0911 -021)
NOTE: 1999 CHEVROLET ASTRO VAN UNIT (0911 -020) IS BEING
REPLACED WITH A 2007 FORD CARGO VAN V2 TON (ON
ORDER/UNIT NUMBER ASSIGNED WHEN RECEIVED FROM
COMPANY)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate
said vehicle. In addition, the Contractor shall be responsible for repairs to said vehicle and shall maintain
it in accordance with the maintenance schedule attached hereto as Exhibit "E." The Contractor shall
provide an average of four (4) oil changes annually for said vehicle, and shall schedule vehicle
inspections with Monroe County Fleet Management no less than three times annually. The Contractor
may choose the option of paying Fleet Management for oil changes and preventative maintenance, at
Fleet's current annual rates, or utilize private garages and provide receipts to the Director of Community
Services Division or his designee to document and verify that the required maintenance has been
performed. Nothing herein shall prevent the County from inspecting the vehicle at any reasonable time.
X. HOLD HARMLESSANSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners and the County Court of Monroe County 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 of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance
indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as
INSCKLST 1 -5, as further detailed on forms WC 1, GL1, GLS, GIR 1, and VL1, each attached hereto and
incorporated as part of this contract document, and all other requirements found to be in the best interest
of Monroe County as may be imposed by the Monroe County Risk Management Department.
XI, DONATIONS
The Contractor shall issue receipts and keep appropriate records of all donations received at the Shelter 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
24
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.
XII. 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.
XIII. 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.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the County and the
district for which he shall provide services and has made investigations to fully satisfy himself that such
site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The
provisions of the Contract shall control any inconsistent provisions contained in the specifications. All
specifications have been read and carefully considered by the Contractor, who understands the same and
agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall
this Contract be more strongly construed against the Owner than against the Contractor.
XV. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelter buildings, grounds,
and equipment in order to keep same in proper working condition. 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.
XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or surrounding properties
without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its items have been
reviewed and approved by the Director of Community Services Division or his designee. Requests for
25
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 Shelter 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.
XVIII. NON - DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND FACILITIESIAUDIT /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.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XXI. 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.
XXII. CAT/RACCOON TRAPS:
26
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.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the
Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services. County may immediately terminate the Agreement due
to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals.
Any other Contractor breach of this agreement shall be governed by the article above on termination for
cause.
The Contractor agrees that the County Administrator may designate representatives to visit the
facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to
animals. The Contractor agrees that the County Administrator may designate representatives to visit the
facility(ies) periodically to conduct random open file evaluations during the Contractor's normal
business hours.
XXIV. 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.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the performance of
any of its obligations under this agreement. Default shall include the occurrence of any one of the
following events and same is not corrected to the satisfaction of the County within fifteen (15) days after
the County provides the Contractor with written notice of said default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of
the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelter in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
XXVI. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners of Monroe County and Contractor,
which approval shall be subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for
27
therein, such approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
XXVII. COMPLIANCE WITH LAW:
In providing all services /goods pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate this
contract immediately upon delivery of written notice of termination to the contractor. The contractor shall
possess proper licenses to perform work in accordance with these specifications throughout the term of
this contract.
XXVII DISCLOSURE AND CONFLICT OF INTEREST:
A. The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required by this contract, as provided in Sect. 112.311, et. seq.,
Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify
the County of any financial interest it may have in any and all contracts with Monroe County.
XXVIII. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety~ for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of
this contract.
XXiX. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041 -1026
and
Deb Barsell, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2 -256
Key West, FL 33040
FOR CONTRACTOR:
XXX. TAXES:
28
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to
fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes,
or payments of withholding, related to services rendered under this agreement.
XXXI. GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under
this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to attorney's fees and costs.
XXXIII. 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: $25,000.00).
XXXN. 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.
XXXV. 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 executed this Agreement on the day and date first
written above in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
ast�\Jj OLHAGE, CLERK
Y
BY _ 4 l
AI
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
(SEAL)
Attest:
By: —
Title:
By: _
Title:
WITNESS
WITNESS
CONTRACTOR
By: .�
Title: Axo
MO OE COUNTY ATTORNEY
A ROV D AS 0
A.
YNTHIA L. L
ASSISTANT COUNTY ATTORNEY
Date
C)
s -
CT7
rr} =
> P1
30
ra
C
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C�
NON - COLLUSION AFFIDAVIT
I, r`loma S jGgrre' 5 , , W of the city of K2 �+a r according to
law on my oath, and under penalty of perjury, depose and say that:
1. 1 am ? of the firm of f Aosgae A1� errc Cog (if 1!_j g the bidder
making the Proposal for the project described in the Notice for Calling for Bids for:
D,oe r Lf,ew sf' Gt.cP e Ke,, hpi�►'.. t SAelter
2. I executed the said proposal with full authority to do so.
3. The prices in this 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.
4. 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.
S. No attempt has been made or will be made b the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition.
6. 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.
(Signature of Bidder)
STATE OF: R-4) C i Z) A ^
COUNTY OF: E
(Date)
PERSONALLY APPEARED BEFORE ME, the undersigned authority, rdtR
provided CL, ) L . as proof of identity, or ( ) is personally known to me, and
having been first sworn by me, affixed his/her signature in the space provided above on this f\ day of
20W. 2007
CHRISTINE G BULLOCK NOTARY PUBLIC
Notary Public - State of Florida rr
y 1 MC0nYr055onr0s.x„12,2007 y Commission Expires:
Commisslon # Db222480
e ° Bonded By National Notary Assn.
34
SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
_ oma _.F r earrre i`s c►+1 — 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 CD
County officer or employee. —
as
(Signature)
!f'�riwlr t o n 7
(Date) ' LO
CD
STATE OF _ FW (zl J4 ® -
COUNTY OF - V1 btu_"
PERSONALLY APPEARED BEFORE ME, the undersigned authority, T(±gnrn A S . F 9ptQ eos
who, after first being sworn by me, afffxed(6�her signature (name of
CD
individual signing) in the space provided above on this (Zttj day of ML OC-Lt ,
CD
CD
NOTARY PUBLIC E
My commission expires: -_ (_�[ Z�c 7
OMB — MCP FORM #4
CHRISTINE G BULLOCK
4 •: Notary public - State of Flortdo
' - MYCamrr"MBPkes" 12, 2007
Commission # DD222480
' Bonded BY Naflona! Notary Assn.
M
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
h r
(Name of Business)
1. Publishes 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. Informs 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. Gives 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), notifies 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 contenders 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. Imposes 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. Makes 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.
Bidder's Signature Date
36
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles apply
to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency
BIDDERS STATEMENT
Signature
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
Bidder
Signature
as
37
PUBLIC gNTITY 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 any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the 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, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither �og s F Ga r re sn►tl
(Respondent's name) nor any Affiliate has been placed on the convicted
vendor list within the last 36 months.
(Signature)
Date: 11 11c�— 12ao2
STATE OF: _ F6 0 ( i M _.•. • _ _.
COUNTY OF: 6 N 20 �
Subscn and sworn to (or affirmed) before me on M a e G i 2 - 2 oG 7
(date) by M A S (name of affiant 4She is
personally known to me or has produced F L '0 , L
(type of identification) as identification.
CHRISTINE G B NOTARY PUBLIC
Notary Public - State of Florida
ry
I+MCa nMilsidnBpokw*Jun72.2007
`� Borxied By
Commission Nola r Ass As My Commission Expires: 6
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38
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2Y S sighed writtea aomwiIienit /contralct.
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1100 Si■wton Street
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8 th AMENDMENT TO AGREEMENT
(Operation of the Key Largo Animal Shelter)
THIS 8` AMENDMENT TO AGREEMENT is entered into this 10 day of February 2016,
between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition,
Inc. (HACC /Contractor), in order to amend the agreement entered into on April 18, 2007, as amended on
August 15, 2007, May 19, 2010, September 21, 2011, September 21, 2012, April 16, 2014, February 18,
2015, and May 20, 2015;
WHEREAS, the terms of the original contract provide that the contract amount may be adjusted
annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI -U)
for the most recent 12 months available; and
WHEREAS, the Contractor has requested CPI increases and has also requested for the CPI -U
adjustment deadline to be amended from January 31" to May 15 and the County agrees to the CPI
adjustments as set forth below and to amend the CPI -U adjustment deadline to May I"; now, therefore,
follows:
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
In accordance with Section IV of the Agreement, the annual contract amount is adjusted by .8%
for the CPI for all urban consumers (CPI -U) for the most recent 12 months available ending
December 2014 effective December 1, 2015 to June 30, 2016; and by .7% for the period ending
December 2015 effective July 1, 2016 to June 30, 2017. Effective December 1, 2015, the total
compensation paid to the Contractor for its services under this agreement shall be $283,802.04
per annum or $23,650.17 per month. Effective July 1, 2016, the total compensation paid to the
Contractor for its services under this agreement shall be $285,788.76 per annum or $23,815.73
per month.
2. Section IV RENEWAL shall be amended to read as follows:
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 ending in December of each year. The Contractor shall request annual CPI adjustments
no later than May 1" of each year for the upcoming contract period. Failure to timely request
annual CPI adjustment will result in waiver of CPI adjustment for that year.
In all other respects, the remaining terms of the Agreement entered into on April 18, 2007, as
amended, and not inconsistent herewith, shall remain if full force and effect.
WITNESS WHEREOF, the parties have caused these presents to be executed in the respective
HUMANE ANIMAL CARE COALITION,
INC.
A i, r CA"" a President
1 bate:
13, - ! Packet Pg. 994
Humane Animal Care Coalition, Inc.
AYfumane Society Dedicated to the Care of Animals
283 Saint Thomas Avenue
Key Largo, FL 33037
(305) 453 -0826
March 15, 2017
Subject: HACC request consideration for CPI increase beginning July 1, 2017.
Dear Alice Steryou,
Request your consideration for CPI increase beginning July 1, 2017, the start date of
the 2017 -18 Contract. The last amendment of our contract requires any request for CPI
must be submitted before May 1 Thank you for the consideration of this request.
Best regards,
44���
Thomas F. Garrettson, President HACC