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11/14/2017 Agreement
C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 17, 2017 TO: Kevin Wilson, Assistant County Administrator Public Works & Engineering FROM: Pamela G. Hancock, D.C. SUBJECT: November 14th BOCC Meeting Enclosed is a duplicate original of Item X2, contract with the FKSPCA (Florida Keys Society for the prevention of Cruelty to Animals) for operation of the animal control shelter in Marathon and enforcement of animal control codes between MM16.7 and MM70 and termination of the existing contract assigned from the previous operator, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 CONTRACT (Operation of Marathon Animal Control Shelter and Middle Keys Animal Control) THIS CONTRACT, entered this 14th day of November, 2017, by and between the Board of County Commissioners of Monroe County, Florida (hereafter "County" or "Board "), and Florida Keys Society for the Prevention of Cruelty to Animals, Inc. ( "FKSPCA "), a non - profit organization existing under the laws of the State of Florida, (hereafter "Contractor "). WHEREAS, County has certain responsibilities under State and County laws to provide animal control services and enforcement of laws related to animals; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract be entered into with a private provider of such services; E NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: I. TERM OF AGREEMENT: This agreement shall be effective on November 15, 2017, and end at 12:00 midnight on June 30, 2020. The term of this agreement shall be renewable in accordance with Section V. II. AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS. The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Four Hundred Twenty -five Thousand Five Hundred and 00 /100 ($425,500.00) Dollars per year. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise required by law. III. PAYMENT: Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, summarizing the expenses, with 1 supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within thirty (30) days after the termination date of this contract as shown in Article I above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article H of this agreement. The Contractor must provide to the County the documentation listed in items (a) through (f) on an annual basis and upon request by the County. Payments are subject to this information being provided on an annual basis or upon request by the County: (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate By -Laws, which must include the organization's mission, board and membership composition, and process for election of officers; (f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; The Contractor shall cooperate with County monitoring visits that the County may request during the contract year, and shall provide such other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. IV. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to provide complete animal control and enforcement services from Mile Marker 16.7 (the Harris Channel Bridge) to Mile Marker 70, including the cities of Marathon, Key Colony Beach, and Layton, on a twenty -four hour, seven day per week basis, and to operate the Marathon Animal Shelter located at 10550 Aviation Boulevard, Marathon, Florida 33050, (hereinafter "Shelter" or "service area "). 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 County Administrator or his designee prior to implementation. The Contractor shall provide a list of employees by name and title, including but not limited to, shelter manager(s) and animal control officer(s). Since this contract is a service agreement, staffing is of paramount importance. Contractor 2 shall provide services using the following standards, as a minimum requirement: a. The Contractor shall provide all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. b. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations, and procedures, including but not limited to F.A.C. 1OD- 3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, Animal Control Shelter Permits. 3. 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. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap. (b) The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida, for consultations and /or professional services. (c) The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the County Administrator or 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 3 place for flea and tick control. Feline leukemia testing, up to $12.50 per animal or by agreement with the Contractor, will be funded by the County in order to determine whether the animal is adoptable. If the animal is adopted, then the person adopting the animal should pay the expense incurred for the testing, and the Contractor will remit those funds to the County. 4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter, including kennel areas, cages and euthanasia room, and all equipment in a clean, safe, and sanitary manner. 5. ADOPTIONS: (a) The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. (b) The Contractor will provide an adoption service through the Shelter for the purpose of securing suitable homes for adoptable animals. The Contractor 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 County Administrator or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "GI" unless modified by written and signed directive from the County Administrator or his designee. (c) The Contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. 6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates and corresponding tags for dogs, cats, and ferrets as required by the Monroe County Code and collect and remit to - the County the fees established by the County Resolutions attached hereto as Exhibit `B." The Contractor will be responsible for. determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and tracked, and Contractor is responsible for returning copies of each numbered certificate that is either issued or voided (including tag for all voids) to the County Administrator or his designee on a bi- weekly basis. 4 7. 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 1) 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 of all animals prior to release to adopter Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, and veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. 8. HOURS OF OPERATIONS: At a minimum: the Marathon Animal Shelter shall be open to the public from 9:30 a.m. to 4:30 p.m., Eastern Time, Tuesday through Friday, and 10:30 a.m. to 2:00 p.m., Eastern time, on Saturday and Sunday. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties. B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by Fla. Stat. Section 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90 -day probationary period. The Contractor is to provide the County Administrator, or his designee, with copies of the 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 warm- blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; at a minimum, Contractor shall patrol service area once per week with additional emphasis on areas inhabited by endangered species. 4. Picking up dogs that are running at- large; 5. Picking up cats or raccoons captured in cat or raccoon traps; Contractor shall notify the public of the availability of cat and raccoon traps. 6. Non - emergency animal pick up from residential homes during normal operating hours. 7. Picking up dead animals along County or City rights -of -way and arrange for proper disposal in accordance with all applicable laws, regulations, and ordinances. 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations, and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations (Resolution No. 290 -2010 and animal control citation form attached hereto in Exhibit "G3" ), and /or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all cases originated by 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, such as license certificates, citations, penalties, adoptions, etc. required to be collected pursuant to Monroe County Code Sections 4 -39, 4 -45, 4 -46 and 4 -66, and Monroe County Resolution No. 240 -2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit `B." Checks received for these fees shall be made payable to Monroe County and remitted directly to the County. In this regard, the Contractor shall issue numbered receipts and keep appropriate records of all funds received and shall provide to the County Administrator or his designee on a bi- weekly basis copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issued or voided. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County- approved affidavit form to the County Administrator or his designee, said affidavit form is attached hereto and marked Exhibit "G2." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 240- 2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit `B." The Contractor shall not charge any fees for services at the Shelter unless approved in writing by the Contractor and the Board of County Commissioners in the form of a contract amendment. In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the County pursuant to Sec. 4 -39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. 7 D. REPORTS. On a bi- weekly basis, Contractor shall provide the County Administrator or his designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4," as same may be amended from time to time. E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate sufficient staff who will be able to remain in the County to care during the disaster for the animals 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. F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal Control /Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. G. NON - RELIANCE BY NON - PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor 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. V. RENEWAL: The County shall have the option to renew this agreement after the original term, 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 twelve (12) months ending in December of each year. In order to avoid retroactive CPI adjustments, the Contractor must request in writing CPI adjustments no later than January 31 of each year for the upcoming contract period of May 1St Failure to timely request annual CPI adjustments will result in waiver of the CPI adjustment for that year. VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain, and pay all applicable fees for any permits and licenses necessary to operate the Shelter; a list of the currently required permits is attached hereto and marked Exhibit `YA." It is the Contractor's responsibility to maintain all permits and licenses, even those not listed in Exhibit "A" that may be required. 8 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. VII. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents, and employees shall not be entitled to any of the benefits, rights, or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VIII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall 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, if required, to be authorized or permitted under State and local law to perform such services. IX. 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. X. VEHICLES: The County hereby leases to the Contractor one (1) County vehicle currently assigned to the Shelter identified as follows: 1. 2014 Ford E250 Van (Unit 0910/8033) The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate the 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 each vehicle, 9 and shall schedule vehicle inspections with Monroe County Fleet Management no less than three (3) times annually for each vehicle. The Contractor may choose the option of paying Fleet Management for oil changes and preventative maintenance, at Fleet Management's current annual rates, or utilize private garages and provide receipts to the Director of Fleet Management or 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. Contractor is not permitted to take a County vehicle out of Monroe County unless prior written approval is received from the County Administrator or his designee. If the Contractor acquires or uses any other vehicle(s) in performing /providing services under this agreement, the Contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the Contractor must adhere to all insurance coverage requirements under this contract. The County vehicle currently in possession of the Shelter as noted herein will not be replaced upon expiration of its useful life. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. XI. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional wrongful misconduct, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. 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 on the forms identified as ANIMAL E &O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT, WC1, and ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C," 10 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. General Insurance Requirements As a pre- requisite of the activities governed by this contract (including the pre- staging of personnel and material), the Contractor shall obtain, at their own expense, the types and amounts of insurance specified herein, which are made part of this contract. The Contractor will not be permitted to commence any activities governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified herein. The Contractor shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated or replaced. The Contractor will be held responsible for all deductibles and self- insured retentions that may be contained in the Contractor's insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. 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 the contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. 11 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. XII. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a) At any Monroe County Animal Shelter; (b) For the benefit of animals in Monroe County; or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County. Said donations and grants shall be used by Contractor only for the benefit of shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. 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 are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XIII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch -all sticks, cages, and the like shall be the responsibility of the Contractor. A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing from the County Administrator or his designee. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the County Administrator or his designee, as amended, when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant to Chapter 274, Florida Statutes. 12 All fixtures, equipment, signs and tangible personal property provided by the Contractor used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any part thereof, from the premises during the term of this contract, at the expiration thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable damage to the premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses of repairing damage caused by such removal. XIV. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at the Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the shelter premises. The Contractor shall: a) Maintain the Shelter, including kennel areas, cages, and euthanasia room(s) and all equipment in a clean, safe, and sanitary manner. b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of any repairs, the County Administrator or his designee must be notified, in writing, of the proposed repairs and estimated cost. If such repairs are approved by the County Administrator or his designee, the Contractor shall pay the first One Thousand and 00 /100 ($1,000.00) of cost regardless of the total cost of said repairs. The Contractor will accept the facilities and equipment in "as is" condition. All operating supplies and any additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the Contractor. c) Contractor shall have the 'right during the term of the contract to construct, re- construct, re- model, paint, decorate, and re- decorate the Shelter; provided however, that all such improvements to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits, and prior written approval from the County Administrator or his designee is obtained; written approval by the County Administrator or his designee shall not be 13 unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. If at the expiration or termination of the contract the Contractor wishes to leave the improvements or personal property at the Shelter, Contractor shall obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal property or improvements that a) Contractor leaves on site and b) the County requests removal, the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract, those assets will become the property of Monroe County, unless otherwise agreed to in writing by the County. XVII. FUNDRAISING: The Contractor may not use the Shelter facilities for fundraising or for selling merchandise or services unless requested in writing and approved in writing by the County Administrator. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing. In general, the only financial transactions to be conducted at the shelter shall be for collection of Monroe County fines as listed in Monroe County Code Section 4 -39, 4 -45, 4 -46 and 4 -66, and the fees listed in the Fee Resolutions attached hereto as Exhibit `B," as same may be amended from time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4 -39 of the Monroe County Code. Contractor shall account separately for all donations and funds received: a) At any Monroe County Animal Shelter; b) For the benefit of animals in Monroe County; and c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. Funds raised by the Contractor from fundraising events in Monroe County and donations received at Monroe County Animal Shelters shall only be used to benefit the shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. 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 14 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 VII 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 amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 14, Art. II, 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 FACILITIES /AUDIT /ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred. twenty (120) days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the shelter property, facility, or vehicles at any reasonable time. 15 XX. PUBLIC RECORDS: Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 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 16 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. 10, 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 PUBLICRECORDS @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112 Street, SUITE 408, KEY WEST, FL 33040. 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: The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. XXIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of 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 below on termination for cause. 17 The Contractor agrees that the County Administrator may designate representatives to visit the facility periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility periodically to conduct random open file evaluations during the Contractor's normal business hours. XXIV. TERMINATION WITHOUT CAUSE: 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 therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. XXVII. COMPLIANCE WITH LAW: In providing all services /goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 18 XXVIII. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. 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. XXIX. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. XXX. 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 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR: and County Attorney 1111 12 Street, Suite 408 P.O. Box 1026 Key West, FL 33041 -1026 Tammy Fox - Royer, Executive Director Florida Keys Society for Prevention of Cruelty to Animals, Inc. 5230 College Road Key West, FL 33040 XXXI. TAXES: 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. 19 XXXH. 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 Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). XXXIV. SEVERABILITY: If any term, covenant, condition or provision of this contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this contract would prevent the accomplishment of the original intent of this contract. The County and Contractor agree to reform the contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXXV. BINDING EFFECT: The terms, covenants, conditions, and provisions of this contract shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. XXXVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this contract or by Florida law. This Agreement is not subject to arbitration. XXXVII. ATTESTATIONS: F Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. XXXVIII. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this contract or be subject to any personal liability or accountability by reason of execution of this contract. XXXIX. SECTION HEADINGS: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this contract and will not be used in the interpretation of any provision of this contract. XL. 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. XLI. 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. XLII. SURVIVAL OF PROVISIONS: Any terms or conditions of either this Agreement that require acts beyond the date of the term of this Agreement, shall survive termination of the Agreement, shall remain in full fore and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 21 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date- first.written above in two (2) counterparts, each of which shall, without proof or accounting for'the °otl of,�c unterparts, be deemed an original contract. =�,' (SEAL)' •!. Attest�;rKEN By: _ �-�- (SEAL) Attest: CLERK Deputy Clerk 1 , �� — �WITN fx s - - LAMe bAs O- By: � .0 P. jj +73 rn BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Aamqe— X. By: Mayor /Chairman CONTRACTOR lob � I MOZjEOV�EQ T ATTORNEY'S OFFICE ' PATRICIA EABLES ASSISTANT COUNT ATTORNEY DATE: 22 t +73 rn C" ) 22 EXHIBIT "A" CURRENTLY REQUIRED PERMITS FOR ANIMAL CONTROL SHELTERS Permit Agency Address Monroe County Monroe County Tax Harvey Government Center Occupational License Collector 1200 Truman Avenue Key West, FL 33040 Board of Pharmacy Florida Department of 2020 Capital Circle S. E. License Business and Tallahassee, FL 32399 Professional Regulation Controlled Substance United States Drug Enforcement Registration Department of Justice Administration Certificate Washington, D. C. 20537 Permit for vehicles Florida Department of Department of Agriculture and used to transport Agriculture & Consumer Services animal carcasses Consumer Services Division of Animal Industry Mayo Building, Room 332 Tallahassee, FL 32399 -0800 Wildlife permit` Florida Game & 620 South Meridian St. Freshwater Fish Tallahassee, FL 32399 Commission Biomedical Waste Florida Department of 1100 Simonton St. Pen Health Key West, FL 33040 *According to FWC's website: "The FWC has discontinued its Nuisance Wildlife Trapping Permit." However, all Proposers are advised to familiarize themselves with FWC's rules and regulations regarding nuisance wildlife. http://www.myfwc.com/License/Pennits—NuisWild.htm EXHIBIT "B" PAGE 1 OF 4 RESOLUTION NO. 599-2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLU77ON NO. 386 -2006 TO PROVIDE A THREE -YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS, Resolution 386 -2006 was passed by the Board of County Commissioners on September 20, 2006 providing for one -year and three -year County licenses, fees for dogs, cats and ferrets and replacement license; and WHEREAS, a scrivener's error resulted in the omission of the 3 -year County license fee for cats that are "not spayed/neutered and 6 months of age or older ", 2.E. (2)(b); and WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the three -year vaccine for their pets to make the alternative three -year license also desirable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: 1. Section 2.E. of Resolution No. 386 -2006 is hereby amended to read: 2. E. County License: (1) Dogs: ONE YEAR THREE YEAR (a) Animal is spayed/neutered or under 6months of age $10 $20 (2) Cats: (b) Animal is not spayed/neutered and 6 months of age or older $35 $75 (a) Animal is spayed/neutered or under 6months of age $10 $20 (b) Animal is not spayed/neutered and 6 months of age or older $35 $75 (3) Ferrets: $ 6 $10 (4) Replacement (per replacement, regardless of years covered) $ 2 (5) Dogs and cats with microchips or other means of permanent identification and with registration to the Cqunty or a national identification service current to the owner, shall receive a $5 discount from the am a8cemn few :— PASSED AND ADOPTED by the Board of County Commissioners of MonroeQ013,, Ft4da, a meeting of the Board held on the 15th day of November, 2006. Mayor McCoy Yes o Mayor Spehar Yes Commissioner Neugent Yes r r '� ,7 Commissioner Murphy Yes ? rr w Comnjissioner DiGennaro Yes (Seal) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attests DANNY L. KOLHAGE, Clerk ., ~ Deputy Clerk MONROE COUNTY ATTORNEY Mayor /Chairman AP VED AS TO ZANNE A. U ON COUNTY�� A�TT06fN Y Date LL,/�, �� EXHIBIT `B" PAGE 2OF4 RF�oI.uTIaN No. 38b - zoo6 A R OF T B OARD OF CO UNTY COMMSSIONERS OF MONROE ING COUNTY, FLORIDA, AMEN ALTERNATIVE IN THE DOG, RESOLUTION � CAT & FERRET LICENSE FE A ES. WHEREAS, Resolution No. 240 -2006 was passed by the Board of County Commissioners (BOCC) to revise the fees to be charged for various animal control services ; and ' WHEREAS, Resolution No. 240 -2006 eliminated the alternative three -year license available in conjunction with the three -year rabies vaccine which are administered to some pets; and WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the three -year vaccine for their pets to make the alternative three -year license also desirable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF MONROE COUNTY, that: 1. Section 2.E. of Resolution No. 240-2006 is hereby amended to read: 2. E. County License: (1) Dogs (a) Animal is spayed/neutered or under 6raondrs of age (b) Animal is not spayed/neutered and 6 months of age or older (2) Cats: (a) Animal is spayed/neutered or under 6months of age (b) Animal is not spayed/neutered and 6 months of age or older (3) Ferrets: (4) Replacement (per replacement, regardless of years'covered) g I g�AR THREE YEAR $10 $20 $35 $75 $10 $20 $35 $6 $10 $2 Mayor McCoy (5) Dogs and cats with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall receive a $5 discount from the annual license fee. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 20th day of September, 2006. MONROE COUNTY ATTORNEY Mayor McCoy Yes APPROVED AST RM: Mayor Spehar Comrt_tis5ionerNeugent IN ILEENE W. CASSM COUNTYATTOQIEIp .Patton Absent ASSISTANT Date �a`��`�� ��+ n rn , 'Gennaro Yes - r18 Z3 n• BOARD OF COUNTY COMM o OF MONROE UNTY, FLORID;_ ° • KOLHAGE, Clerk t t= D rn rn gy:.{ B Y - Depu Clerk Mayor/Chairman EXHIBIT "B" PAGE 3 OF 4 Companion to Alternate Version RESOLUTION NO. 240 -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, , REPEALING AND REPLACING RESOLUTION NO. 261-2005 TO PROVIDE CHANGES TO DOG, CAT & FERRET LICENSE FEES. WHEREAS, Resolution No. 261 -2005 was passed by the Board of County Commissioners (BOCC) to require the issuance of a dog license to correspond with the length of effectiveness of the rabies vaccination actually administered; and WHEREAS, the BOCC has passed Ordinance No. 006 -2006 requiring licensure of dogs, cats and ferrets; and WHEREAS, the BOCC has determined that it is in the best interests of the public to change Chapter 3 of the Monroe County Code to also require licensure of ferrets and to change the age at which licenses are required to conform licensure to the State rabies vaccination laws; and WHEREAS, the BOCC has determined that there is no public concern about the fact previously found by the BOCC that calls for pick up of un- neutered and unsprayed dogs at large exceed such calls for dogs who have been neutered or spayed; and WHEREAS, it is desired to reduce the angst of pet owners who do not keep their pets from roaming at large; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: - 1. Resolution No. 261 -2005 is hereby repealed. 2. Fees shall be collected for the following services as specified: SERVICE FEE A- Pick -u *: (1) First Time $ 25 (2) Second Time $ 50 (3) Third and each additional time within a 12 -month period $100 *The above pick -up fees shall be doubled if the animal picked up was not vaccinated for rabies. (4) Unaltered animal at large fines/ exemption license. If an unaltered animal comes into the shelter, either by being picked up or brought in, there will be an additional $100 fine for the fact that it is unaltered and that fine will be waived if owner or assigned caretaker agrees to alter the animal prior to leaving the shelter. B. Boardine (per night) $10 C. Adoption Sl0 D. Disposal $10 Roviso Res. 261 -2005 (Companion to Ord Amend 006-2006 Atlanta Version App 6 2106) EXHIBIT "B" PAGE 4 OF 4 E. County License PER YEAR* (1) Dogs: :K (a) Animal is spayed/neutered or under 6months of age $10 (b) Animal is not spayed/neutered and 6 months of age or older $35 (2) Cats: (a) Animal is spayed/neutered or under 6months of age $10 (b) Animal is not spayed/neutered and 6 months of age or older $35 (3) Ferrets: $ 6 (4) Replacement $ 2 (5) Dogs and cats with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall receive a $5 discount from the annual license fee. * Licenses are to be issued on an annual basis. However, any three -year license previously issued in conformity to a three -year rabies vaccine and pursuant to Resolution 261 -2005 shall remain in effect until its natural expiration date. F. Dangerous Dog Certificate of Registration (1) First year $100 (2) Annual Renewal $ 50 G. 1L' ter Registration (per litter) $ 50 Litter registration is required before birth. The owner of a pregnant animal shall be assessed a litter fee of $50 for each litter_ If the litter is not registered, there will be $100 fine for first offense, $250 fine for second offense, $500 fine on third offense. At the first offense, the fine of $100 will be waived if owner /caretaker agrees to alter the litter and breeding mother. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, F rids, at a meeting ofthe Board held on the 21st day of June , 2006. :K g "n C2 z Gn Mayor McCoy Yes �,"- -- r ° - h Mayor Spehar Yes Commissioner Neugent Yes c Commissioner Patton Yes A C0lnmissio Rice Yes :r ' ` r cz ~' BOARD OF COUNW COMMISSIONERS (Seal) OF MONROE CO , FLORIDA Attest- DANNY L. KOLHAGE, Clerk o By: " Mayor /Chairm Deply Clerk Ravine Res. 261-005 (Companion to Ord Amend 006 -2006 Akanate Vernon App 6 2106) MONROE COUNTY ATTO N Y APP VEti AS T R 2 67 N A. UTfON Date cauNry EXHIBIT "C" 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 his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting'from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or • A Certified copy of the actual insurance policy. 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. ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL 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. ANIMAL E &O EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall purchase and maintain, throughout the term 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 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT 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 VEHICLE LIABILITY 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. WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT 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. k1VATO 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 Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional wrongful misconduct, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. 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 form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. 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: EXHIBIT "D" ANIMAL CONTROL VEHICLES AS OF SEPTEMBER 2017 2014 Ford E250 Van (Unit 0910/8033) UNIT NO. YILEAGE PREVENTATIVE MAINTENANCE INSPECTION WORK ORDER (Small �eh. —T-7— ✓ DATE TIME IN ITEM INSPECTED '§AftfIffM diffdik§ :V, - CRITICAL COMPONENTS A B I C i B { A P D 4 8 12 , 16 20 24 I X_ X 2 FT X X _X X _�_. X I X X i A B 28 X X _ __X X E B 36 40 X 1 A 4444 i F 48 X A 52 I B 56 X C1 60 _X B A DE A 64 68 77: 7 2 X X X X X X B �O X X X C 4 X B X A _�2 X F A 96 100 X 17 X X I X VEHICLE APPEARANCE X X I X_ X X X X X X X X X X X X X X ENGINE OIL & FILTER CHANGE X X I X X X X X X X X X X X X X X X X X X X X X X X X X ._X X AIR FILTER INSPECTION ILUBRICATE TIRES - ROTATE AND BALANCE EMISSION SYSTEMS INSPECTION X _X_ X X X =V_ X _X X X I X X X X X I X I X AUTOMATIC TRANSffff_Sf_CW§EW1C_C FRONT BRAKE PADS INSPECTION REAR BRAKE PADSISHOES INSPECTION X X X X I XT X X X X I X I x X X X X I X I-- FRONT WHEEL BEARINGS INSPECTION FRONT WHEEL BEARINGS REPACK IGNITION SYSTEMISPARK PLUGS INSP. X X X 4 X X COOLANT - Drain, replace. DIFFERENTIAL OIL CHANGE X 14- X X I IN-LINE FUEL FILTER CHANGE HOURS 1.011 11251 1.0 11.0 1.25 1.25 1.01 1.0 1.251 _X 1.25 1 1.0 — 11.25 1.251 1.0 X j 1.0 ✓ *SAFErYIMISCELLANEDUS CHECKS (SEPARATE WORK ORDER REQUIRED ✓ I"CRITICAL COMPONENTS INSP ECTIO N ✓ FOR ANY REPAIRS) I"'VEHICLE APPEARANCE Review sticker & file Test cLdve Water hoses I I Tires - excessive /abnormal wear 1.12his headlights.directional, emergen Power steering hoses I Fue oses I r_TN_I- Seatfs /handles Windshield wipers, washers. horn Fluid fi_velscheck_fo_r leaks Brake hoses { Steering, brakes, parkin brakes y Mirrors Maintenance sticker on windshield* B!atleryftad test & charging system Suspension, sprIn s, shocks St 7 4113 &11 E� Exhausts stem /turbo Air conditioning — K I Drive Irwin, 'U' j oints Differential fluid level 1st aid kit, fire exi., insur. card, acad.`rp� i rus F— 23. SIMI. co QUANTITY PART NUMBER DESCRIPTION COST EACH TOTALCOST pq �VR REVISED 5/18104 EXHIBIT "F" NOT USED EXHIBIT "Gl" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATIOY S NAME) Monroe County, Florida This Agreement is entered into between (name of Adopter) the "Adopter," and name of organization) the "Agency" this & y day of month , 20 In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not - for - profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered /spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay /neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of- Agency Representative) EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR 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 that: 1. I am the owner of (name(s) of animal(s) who are, respectively, , and (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of (date of I" charge) to (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay (check one) 1) the charges (or) 2) any more than $ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _day of , 201_, by , who is personally known to me or who produced ,as identification. Notary Public - State of Florida at large Concur Concur Animal Control Director County Administrator EXHIBIT "G3" FORMS REQUIRED TO DE USED BY CONTRACTOR R.ES N O. 290 - A RESOLUTION OF 9l`tTE -BOARD OF CO UNW COMMSIONFRS OF MONROE COUNTY, FWRYDA., APPROVING THE AIdOL&L CONTROL CITATION TO 13E USED PURSUANT TO SECI`ION - 46 OF TU. MONR€}E CGUNTY CODE, WflnEAS, pursuant to 74iomw County CWO (MCC) Section 446, upon observing a violation of Chapter 4 of the MCC, an animal cnmrol supervisor or animal control officer, or any other law enforcement officer, may issue a citation; and WHEREAS, the animal contw] citation used Shall bein substantially the same fcxm a$ approved by Bptu'd remb6cm, and WHKMS, the animal control citation should be approved by the Board of Coumv Commis6onvm lbr tho puVose of muting enforcement of the Morcroe County Animal Control Ovdinattcc; and WHERViS, Section 4.46, MCC setts forth the required information that shall be ecmatined in tht citatiom, NOW ` HLRER)RE, BE l T RESOLVED BY THE BOARD OF COUNTY O:Cth'Ibf€SSIONERS OF MONROE COUNTY, FLORIDA, TI r: 1. The Board of Cautity Commiisiuiatrs of Monroe County appE4ve3 tlke Imaiulah contort citation attached hereto and, pursuant to' Sac. 446 of Ok lifteroe County Cate, requires that all animal control coatractors uw citations in sulystMdAfly the U.mt foem as appr*ved hertin. PAS-591) AND AWPW..T) by the Board of County Commissioners of Monroe County, Florida, on lhid 150 day of Suptomber_ 2010. m4yur Syria Murphy Mayor Pro Tem lieaflw Carn,►thtq Commissioner Kim wigington Commissioner George Neugent Commissioner Mario Di Gonnaro (SEAL) A test_ DANNY L. KOLRAGF,. CLERK RT. s C. L` �1 �Y Depruy Clerk Yes 'b Q Yes • :: = N Ye}; GJ �) yos `_ `° � N 0 BOARD OF COUNTY CC+b"ONLMS OFMOINKOEMT NW, T- TfJ:LIDA w �' By —� 'vtuyor(C= hairlaerson `vtONFIOE COUNTY APP 0'V= :• TP FORk4 C ISTI w. t t��Ht q;- r}ARRd7i5 Ab513TAN O� T09NIY i)6tte __ � , - Board of County Commissioners, Monroe County, Florida Animal Control Division Citation No. Citation Date: In the name of Monroe County, Florida: the undersigned certifies that he/she had just and reasonable grounds to believe, and does believe that First Name Middle Last Name (Name of the Owner /Alleged Violator) Street Address City State Zip On the day of 20 at . A-M. I P.M. at (Location) Monroe County, Florida, did commit the following offense(s), contrary to laws. Facts constituting probable cause/elements of offense: Animal Description: (if available) Name: Breed: ❑ ANIMAL AT LARGE, SEC. 4.67(x) ❑ DOG BITE, SEC. 4.75(f) ❑ NO CURRENT RABIES VACCINATION, SEC. 4-64 ❑ NO VALID COUNTY LICENSE SEC. 4.65 ❑ FAILURE. TO PROVIDE ADEQUATE SHELTER, SEC. 4-816) ❑ANIMAL(S) CONFINED IN VFNFIICLE, SEC. 4.81(s) ❑ FAILURE TO NEUTER DOGS, CATS, RABBITS, SEC. 4.69(a) In the County. Court, In and for Monroe County, Florida A.K/P.M. Color: Sex: Spay/Neutered Age: ❑ OTHER VIOLATION SEC. 4. Where triable in County Court; Lower Keys Division - Monroe County Courthouse Annex, 30217leming Street, Key West, FL. 33040; or Middle Keys Division- Marathon Branch Courthouse, 3117 Overseas Highway., Marathon, FL 33050; or Upper Keys Division- Upper Keys Government Carter, 88820 Overseas Highway, Plantation Key, Florida 33070 On: (Month) (Day), 20 at A.M./P.M. Judge: Courtroom:_ ❑ IT IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE. ❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY W ITHT THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ISSUING OFT SIGNATURE DATE: PRINT NAME AND TITLE: I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S) CHARGED OR, IF THE OFFF.NSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A CIVIL PENALTY IN THE AMOUNT OF $ IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT, IF I DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN (10) DAYS OF DATE OF THIS CITATION (EXCLUDING SATURDAY, SUNDAYS AND HOLIDAYS), I SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CON - TEST THE CITATION AND IN SUCH CASE JUDGEMENT MAY BE ENTERED AGAINST 31E UP TO THE MAXIMUM ASTOUhT OF THE CIVIL PENALTY OF S500. IN ADDITION, FAILURE. TO COMPLY MAY ALSO RESULT IN AN ORDERTO SHOW CAUSE TO BE ISSUED FOR iIV APPEARANCE IN COURT, WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF COURT. SIGNATURE OF OWNER/ALLEGED VIOLATOR DATE SIGNATURE IS NOT AN ADMISSION OF GUILT (Note: Front of citation) INSTRUCTIONS If the officer marked an "X" in the box preceding the words "YOU NEED NOT APPEAR IN COURT"'. You may answer this summons by either of the following methods: 1. If you desire to plead GUILTY or NOLO CONTENDERE (No Contest) you must WITHIN 10 DAYS of the issue of this citation, (Saturdays, Sundays and Holidays excluded) MAIL this notice with a Cashier's Check or Money Order for the prescribed amount for the violation charged, payable to CLERK OF CIRCUIT COURT, to the address checked below, (DO NOT MAIL CASH OR PERSONAL CHECKS); or you may appear at the address checked below, between the hours of 8:30 A.M. & 5:00 P.M., Monday — Friday (Saturdays, Sundays and Holidays excluded) and pay the prescribed amount. ❑ Lower Keys Clerk's Office (or or Upper Keys Clerk's Office as appropriate) 500 Whitehead SL, Suite 101, Key West, Florida 33040 AMOUNT TO BE PAID: S Note: Whichever your method of payment, you must sign the" PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS," below and return it to the Clerk with your check. 2. YOU MAY APPEAR IN COURT by requesting a court hearing on this charge. Your request MUST be made in person by appearing yourself or through an attorney at the address and time specified on the front side of this citation. This copy of the Notice to Appear must be presented to the court at such appearance. PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court; I, the undersigned, do hereby enter my appearance on the affidavit for the offense(s) charged on the other side of the citation. And waive the reading of the affidavit in the above named cause and the right to be present at the trial of such action. I hereby enter a plea of: ❑ GUILTY OR ❑ NOLO CONTENDERS (No Contest) for the offense(s) charged. I waive my right to defend against such charge(s) or to appeal any error in such proceedings. I understand the nature of the charge(s) against me. I plead, as indicated above, to the charge(s) being fully aware that my signature to this plea will have the same effect as judgment of this Court. Signature Address Signature of person taking waiver ifpresented in person Title: (Clerk, Deputy Clerk) (Note: Back of citation) EXHIBIT "G4" FORMS REQUIRED TO BE USED BY CONTRACTOR MONTHLY STATISTICAL REPORT FORM Inc. LL ANIMAL SHELTER - -------- --- Other Animals DATA FOR MONTH OF- I 3 DOGS how many! j what Animals Brought In: Animals nimalsAdopted: Animals Redeemed: Animals TransferreF. Animals Escaped: Animals Born at Shelter: r Animals DOA: Animals Euthanized" i number sick, injured, or dangerous Animals on Hand NOTES: Service Calls: Bite - Reports: *List how many, type of animal and where animal was transferred Cruelty Cases: F FEES COLLECTED COUNTY Failure to Spay /Neuter: Exemption License: . . ......... License- • Pick -Up Boarding: Adoption: ----2,— A Disposal: Euthanasia: i Total County Fees Collected:j Other Fees C'ollected: Donations: REPORTED BY: Date Reported: Fundraisers: Other: $ ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all- inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305- 292 -3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter - company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non - allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines. ATTACHMENT B Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date ORGANIZATION LETTERHEAD The following is a summary of the expenses for ( Organization name for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total (B) Total prior payments $ X,XXX.XX $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D -C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200 by who is personally known to me. Notary Public Notary Stamp FLOR -46 OP ID' CH T '4Ca►RO CERTIFICATE OF LIABILITY INSURANCE `--�' DA 11 M 7120 1117!20 117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305- 294 -7696 Atlantic Pacific -Key West 1010 Kennedy Dr, Suite 203 Key West, FL 33040 CONTACT PHONE 305- 294 -7696 FAX 305- 294 -7383 (A /C, No, Ext): (AIC, No): E-MAIL M chernand ez@a p ins.co m Richard Horan INSURERS AFFORDING COVERAGE NAIC N INSURERA: Penn - America Insurance Cc 32859 INSURED Florida Keys S.P.C.A. INSURER B: Progressive Express 10193 5230 College Rd Key West, FL 33040 Aon Services Group INSURERC: p MED EXP (AnV one p erson) INSURERD:Old Dominion Insurance Co. 40231 INSURER E PERSONAL & ADV INJURY $ 2,000,000 INSURER F GENERAL AGGREGATE $ 2,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUB WVD POLICY NUMBER POLICY EFF MMIDDIYYY POLICY EXP MMfDOrYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y PAV0129613 07/01/2017 07/01/2018 EACH OCCURRENCE 2 ,000,000 $ DAMAGE TO RENTED PREMIS S Ea occurr nce 300,000 $ MED EXP (AnV one p erson) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: [_1 RCQ- ❑ POLICY JPET LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPlOP AGG included $ $ l B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS HIRED NON-OWNED AUTOS ONLY AUTOS ONLY Y 06456454 -9 06/30/2017 06/30/2018 COMBINED SINGLE LIMIT Ea accident 1000,000 $ BODILY INJURY Per person) $ BODILY INJURY Per accident - $ PROPERTY DAMAGE Peracaden[ $ UMBRELLA LIAB EXCESS LIAB OCCUR BY DATE EME ACH OCCURRENCE $ H CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE F OFFC MFMBER EXCLUDED? l(�Mandato ry in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N f A WAN ER WA YES SEATUTE FOR H E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C D Director &Officers Bond N FP01 25245-00 F1710602 07/01/2017 06/28/2017 07/01/2018 06/28/2018 D &O AGG End Binkt 1,000,000 100,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Location: 10550 Aviation Blvd, Marathon, FL 33050 CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ,ILI n ACORD 25 (2016103) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD