Item I1NUNN,
D1 J) 11Z0Jffl1kTV1 film
MEETING DATE: April 16, 2014 DIVISION: Public Works/ENG
13114"LA. ITEITi: Yes No x DEPARTMENT: Public Works -9
STAFF CONTACT PERSON/PHONE, NO.: D. Pierce/292-4560
AGENDA ITEM WORDING: Approval of long-term agreement to provide animal control and
enforcement services in Key West and the Lower Keys in exchange for contractor building a new
animal shelter on College Road, Stock Island, to be used exclusively for animal care and control
services.
ITEM BACKGROUND: The animal control facility on Stock Island is in overall poor condition and the
County's current Lower Keys animal control contractor, the FKSPCA, provided an unsolicited proposal
to build a new animal shelter facility on a 1.02 acre parcel of land leased to the County from the City of
Key West, and to provide long-term (20-year term with 10-year renewal option) animal control and
enforcement services from Key West through Mile Marker 16.7 of the Lower Keys. The proposal
consists of $575,000 per year of funding for operating expenses relating to animal control and
enforcement services and additional funding for expenses directly related to the operation of the new
facility, i.e., increased utilities and insurance. In accordance with Fla. Stat. 287.05712, the County has
published a notice in the Florida Administrative Register and a newspaper of general circulation stating
receipt of the unsolicited proposal and allowing acceptance of other proposals for the same project. The
deadline for receipt of other proposals for this project is April 11, 2014. The attached documentation is
included as a placeholder and will be updated upon negotiation and as necessary after the April 11, 2014
proposal submission deadline.
PREVIOUS RELEVANT BOCC ACTION: On March 19, 2014, the Florida Keys SPCA made a
presentation and unsolicited proposal to the BOCC, and the BOCC directed staff to advertise a
Notice of Receipt of Unsolicited Proposal and Invitation to Submit Proposal and proceed with the
process as set forth in F.S. 287.05712.
CONTRACT/AGREEMENT CHANGES: New long-term agreement which provides that the
contractor shall abide by the terms and conditions as stated in the Amended and Restated Lease
Agreement with the City of Key West and the Joint Participation Agreement with the City of Key
West, as approved by the BOCC on March 19, 2014, and the Revocable License Agreement also
before the Board on today's agenda for approval.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $515,000 INDIRECT COST: n/a BUDGETED: Yes - - -------
N*
DIFFERENTIAL OF LOCAL PREFERENCE: n/a Acct. 001-21000-530340
COST TO COUNTY: same SOURCE OF FUNDS: ad valorem
REVENUE GENERATED: Yes No x
Ab
APPROVED BY: Co. Atty.: OMB/Purchasing: Risk Management:
DOCUMENTATION: INCLUDED: x NOT REQUIRED:
DISPOSITION: AGENDA
y --,L
L
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern, Danny L. Kolhage, District 1
The Florida Keys George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
PUBLIC WORKS &
ENGINEERING DIVISION
MEMORANDUM
DATE: 15 April 2014
TO: Commissioners, Administrator, County Attorney
FROM: Kevin Wilson
SUBJECT: Animal Control — Lower Keys — Responses to Unsolicited Proposal
Action Recommended: Negotiate a long term contract with the first ranked proposer, Florida Keys
SPCA with the recommendation that the annual fee should be in the range of $500k rather than the
$575k proposed. If negotiations with the first ranked provider cannot reach a mutually acceptable
contract, negotiate with the next ranked proposer.
Background:
A selection committee to review all proposals submitted was convened on 15 April 2014 at the
Gato Building. The selection committee consisted of Kevin Madok, Beth Leto, and Kevin Wilson.
The County Attorney's office was represented by Christine Limbert-Barrows. There were five
members of the public in attendance. A sign in sheetof the public attendees is available. Two
proposals were timely received and reviewed by all members of the committee. The two proposers
were Florida Keys SPCA (SPCA) and SNIP, Inc. (SNIP).
Members of the selection committee had reviewed both of the proposals and unanimously agreed
on the above recommendation. A number of issues were discussed including each proposer's
capital program, the status of current funding for that program, the proposed annual operating
budgets, and the overall financial wherewithal of each proposing entity.
The committee considered the capital plan (proposed facility) of the FKSPCA to be better thought
through and its estimated costs to be more realistic. The SNIP proposed facility cost was assessed
as underestimated. The potential services to be provided were based on an essentially equal
evaluation of the needs. The operational costs proposed were significantly higher in the SPCA
proposal ($415k vs. $575k). This was assessed as a positive for the SNIP proposal but when
compared to the other (Upper & Middle Keys) providers on the basis of numbers of animals
handled, the committee agreed that the annual amount might more appropriately be in the $500k
range. The committee concluded that the management plan in the SPCA proposal was more
complete and, overall, the committee was more confident that the SPCA could deliver its plan as
proposed in its submission. The committee agreed that the highest ranked proposer was SPCA and
that the committee recommendation to the BOCC should be to negotiate an agreement with SPCA
with a recommendation that the final annual stipend should be closer to $500k.
NOTICE OF RECEIPT OF UNSOLICITED PROPOSAL AND
INVITATION TO SUBMIT PROPOSAL
The Board of County Commissioners of Monroe County, Florida has received an unsolicited proposal
submitted under the provisions of Section 287.05712 Florida Statutes, Public -Private Partnerships, for
the construction and operation of a new animal shelter to be used exclusively for animal care and control
services.
The proposal was submitted by The Florida Keys Society for the Prevention of Cruelty to Animals, Inc.
to build a new animal shelter facility on a 1.02 acre parcel of land leased by the County from the City of
Key West and to provide long-term (20 year term with 10 year renewal option) animal control and
enforcement services from Key West through Mile Marker 16.7 of the Lower Keys. The proposal
consists of $575,000 per year of funding for operating expenses relating to animal control and
enforcement services and additional funding for expenses directly related to the operation of the new
facility, i.e. increased utilities and insurance.
A copy of the unsolicited proposal received by the Monroe County Board of County Commissioners
may be requested from DemandStar by Onvia at www.demandstar.com or
w1� . onroecounty ids.com or call toll -free at 1-800-711-1712. A copy of the unsolicited proposal is
also available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton
Street, Room 2-213, Key West, Florida.
The Board has determined this unsolicited proposal is sufficient for consideration on a preliminary basis
and will accept other proposals for the same project purpose during this notification period. No final
decision has been made relative to accepting this or any proposal for this project.
Anyone that has an interest in submitting a competing proposal under the provisions of Section
287.05712, Florida Statutes are hereby invited to submit a proposal in compliance with the provisions of
F.S. 287.05712(5), to the Monroe County Purchasing Office, in triplicate, no later than 3:00 p.m. on
April 11, 2014, to: Monroe County Purchasing Office, The Gato Building, 1100 Simonton Street,
Room 2-213, Key West, Florida 33040. Proposals received after 3:00 p.m. on April 11, 2014 will be
rejected.
Publication dates
Florida Administrative Register
(Th)
3/20/14
and
3/27/14
Citizen
(Fr)
3/21/14
and
3/28/14
Keynoter
(Sa)
3/22/14
and
3/29/14
Reporter
(Fr)
3/28/14
and
4/4/14
Couv Provided by U. S. Mail to: - Bogdan Vitas, Jr., City Manager
Shawn Smith, City Attorney
City of Key West
3132/3128 Flagler Avenue
Key West, FL 33040
BOARD OF COUNTY COMMISSIONERS
County of Monroe
ne Flonda Keys
Robert B. ShHUnger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Susan M. Grimsley, Assistant County Attorney**
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney**
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
March 19, 2014
Mr. Bogdan Vitas, Jr.
City Manager
City of Key West
3132 Flagler Avenue
Key West, FL 33040
Shawn Smith, Esq.
City Attorney
City of Key West
3128 Flagler Avenue
Key West, FL 33040
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Danny L. Kolhage, District I
Ad& George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
my Office of the County Attorney
I I 1112`h Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 — Fax
Re: Notice of Receipt of Unsolicited Proposal and Invitation to Submit Proposal
Dear Mr. Vitas and Mr. Smith:
Pursuant to Sec. 287.05712(4) (b), Florida Statutes, enclosed please find a copy of the above -
referenced Notice of Receipt of Unsolicited Proposal and Invitation to Submit Proposal. A copy of this
notice is being provided to the City of Key West as a local government in the area affected by the
unsolicited proposal received by the Board of County Commissioners of Monroe County, FL.
Should you have specific questions concerning this unsolicited proposal or related issues, please
do not hesitate to contact me directly by phoning (305) 292-3470 or via email to li bert-
chri t.r onroeco -fl gcv.
Sincerely,
'1
i
�+�11� �E1�T-�A�2ROWS
Assistant County Attorney
CLBkmp:
Enclosure
Florida Administrative Register
Volume 40, Number 60, March, 27, 2014
MONROE COUNTY BOARD OF COUNTY'
COMMISSIONERS'
NOTICE OF RECEIPT OF UNSOLICITED PROPOSAL
AND INVITATION TO SUBMIT PROPOSAL
The Board of County Commissioners of Monroe County,
Florida has received an unsolicitedproposal submitted under
the provisions of Section 287.05712, Florida Statutes, Public -
Private Partnerships;', for the construction and operation of a
new animal shelter to be used exclusively for animal care and
control services:'
The proposal' was submitted', by The Florida Keys ',Society for
the Prevention of Cruelty to Animals, Inc. to build a new animal'
shelter facility on a' 1.02 acre parcel of land leased by the
County from the City of Key West and to provide long-term I(20'
year term with 10 year renewal option) animal control and
enforcement services from Key West through Mile Marker 16.7'
of the Lower Keys. The proposal consists of $575,000 per year
of funding for operating expenses relating to',animal lcontrol and
enforcement services and additional funding for expenses
directly related to the operation of the new facility, ',i.e.',
increased utilities and insurance.
A copy of the unsolicited proposal received by the Monroe
County Board of County Commissioners may be requested'
from DemandStar by Onvia at www.demandstar.com' or
wwwmonroccountybids.com or call toll -free at 1(800)711
1712.IA copy of the unsolicited proposal is also available at thel
Monroe County Purchasing Office located at The Gato'
Building, 1100 Simonton Street, Room 2-213, 'Key West,''
Florida.'
The Board has determined this unsolicited proposal is sufficient
for consideration on a preliminary basis and will accept other
proposals for the same project purpose during this notification
period. No final decision has been made relative to accepting
this or any proposal for this project.
Anyone that has an interest in submitting a competing proposal'
under the provisions of Section 287.05712, Florida Statutes, are
hereby,', invited' to submit a proposal' in compliance' with the
provisions of F.S. 2187.05712(5), to the Monroe County'
Purchasing Office, in triplicate, no later than 3:00 p.m. on April'
11, 2014, to: 'Monroe County Purchasing Office, The Gato'
Building, 1100 Simonton Street, Room 2-213, Key West;'
Florida' 33040.'Proposals received after 3:00 p.m. on April 11,',
2014 will be rejected:'
TOWN OF MEDLEY
NOTICE OF PROPOSED ORDINANCE
TOWN OF MEDLEY, FLORIDA
NOTICE IS HEREBY GIVEN that at a regular meeting of the
Town Council of the Town of Medley, Florida to be held on
Monday, April 7, 2014 at 7:00 p.m. at the Medley Municipal
Services Facility located at 7777 NW 72nd Avenue, Medley,
Miami -Dade County, Florida 33166, the Medley Town Council
will consider on FIRST reading, the approval of the proposed
Ordinance, the title of which is as follows:
AN ORDINANCE OF THE TOWN OF MEDLEY,
FLORIDA, AMENDING THE CODE OF ORDINANCES
BY AMENDING SECTION 50-2, "DEFINITIONS," BY
PROVIDING FOR A DEFINITION OF
"ENCROACHMENT"; AMENDING SECTION 50-14,
"ENCROACHMENTS ON OR IN STREETS,"
REGARDING REGULATION OF ENCROACHMENTS
AND ACTIVITIES WITHIN STREETS, ALLEYS,
EASEMENTS, AND RIGHTS -OF -WAY; AMENDING
SECTION 50-17 `BUILDING AND ZONING
DEPARTMENT CREATED; GENERALLY," BY
ELIMINATING CERTAIN REQUIREMENTS
PERTAINING TO THE BUILDING OFFICIAL; AND
PROVIDING FOR SEVERABILITY, CONFLICTS,
CODIFICATION AND AN EFFECTIVE DATE.
1364
Florida Administrative Register
Volume 40, Number SS, March, 20, 2014
A copy of such petition or complaint must also be sent by
US Mail to: Michael Leija, Value Group Enterprises, Inc.,
12825 Alondra Boulevard, Norwalk, California 90650.
If no petitions or complaints are received within 30 days of
the date of publication, a final order will be issued by the
Department of Highway Safety and Motor Vehicles approving
the establishment of the dealership, subject to the applicant's
compliance with the provisions of Chapter 320, Florida
Statutes.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES
Division of Motor Vehicles
Palm Beach Car & Truck, Inc. for the establishment of ZHNG
motorcycles
Notice of Publication for a New Point
Franchise Motor Vehicle Dealer in a County of More
than 300,000 Population
Pursuant to Section 320.642, Florida Statutes, notice is
given that Value Group Enterprises, Inc., intends to allow the
establishment of Palm Beach Car & Truck, Inc., d/b/a Dream
Machines USA as a dealership for the sale of motorcycles
manufactured by Taizhou Zhongneng Motorcycles Co., Ltd.
(line -make ZHNG) at 570 South Dixie Highway, Lantana,
(Palm Beach County), Florida 33462, on or after April 21,
2014.
The name and address of the dealer operator(s) and
principal investor(s) of Palm Beach Car & Truck, Inc., d/b/a
Dream Machines USA are dealer operator(s): Timo Mikael
Pajamaki, 570 South Dixie Highway, Lantana, Florida 33462;
principal investor(s): Timo Mikael Pajamaki, 570 South Dixie
Highway, Lantana, Florida 33462.
The notice indicates intent to establish the new point
location in a county of more than 300,000 population, according
to the latest population estimates of the University of Florida,
Bureau of Economic and Business Research.
Certain dealerships of the same line -make may have
standing, pursuant to Section 320.642, Florida Statutes, to file
a petition or complaint protesting the application.
Written petitions or complaints must be received by the
Department of Highway Safety and Motor Vehicles within 30
days of the date of publication of this notice and must be
submitted to: Nalini Vinayak, Administrator, Dealer License
Section, Department of Highway Safety and Motor Vehicles,
Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee
Parkway, Tallahassee, Florida 32399-0635.
A copy of such petition or complaint must also be sent by
US Mail to: Michael Leija, Value Group Enterprises, Inc.,
12825 Alondra Boulevard, Norwalk, California 90650.
If no petitions or complaints are received within 30 days of
the date of publication, a final order will be issued by the
Department of Highway Safety and Motor Vehicles approving
the establishment of the dealership, subject to the applicant's
compliance with the provisions of Chapter 320, Florida
Statutes.
DEPARTMENT OF HEALTH
Board of Nursing
Notice of Emergency Action
On March 18, 2014, the State Surgeon General issued an Order
of Emergency Suspension of Certification with regard to the
certificate of Terra Bruce, CNA, Certificate No. CNA 277623.
This Emergency Suspension Order was predicated upon the
State Surgeon General's findings of an immediate and serious
danger to the public health, safety and welfare pursuant to
Sections 456.073(8) and 120.60(6), Florida Statutes (2012-
2013). The State Surgeon General determined that this
summary procedure was fair under the circumstances, in that
there was no other method available to adequately protect the
public.
HARDEE COUNTY ECONOMIC DEVELOPMENT
AUTHORITY
The Hardee County Economic Development Authority will
accept grant applications for projects that provide economic
development, job creation, or infrastructure within the
geographic boundaries of Hardee County. The Authority shall
rank applications to the extent of estimated available program
funds based on criteria relating to administrative capacity,
public benefit, economic benefits, and public use.
Applications and Program Guidelines are available at the
Hardee County Board of County Commissioners Office, 412
W. Orange Street, Room 103, Wauchula, FL 33873, phone:
(863)773-9430, fax: (863)773-0958, email:
bcc@hardeecounty. net.
Applications will be accepted from May 1, 2014, through May
31, 2014, 8:00 a.m. — 5:00 p.m.
Please note: site of benefiting business for consideration of
these funds must be located entirely within Hardee County.
For more information, please call: (863)773-9430.
MONROE', COUNTY', BOARD OF COUNTY
COMMISSIONERS'
NOTICE OF RECEIPT OF, UNSOLICITED PROPOSAL
AND INVITATION TO SUBMIT PROPOSAL'
The Board of County Commissioners of 'Monroe County,
Florida', has received an unsolicited proposal', submitted under
the provisions of Section 28705712, FloridaStatutes, Public -
Private Partnerships, for the ',construction and operation of',a
new animal shelter to be used exclusively for animal care and
control' services.
1269
Florida Administrative Register
Volume 40, Number SS, March 20, 2014
The ,proposalwas submitted', by The Florida Keys Society for
the Prevention of Cruelty to Animals', Inc. to build a new animal
shelter facility on a 1.02 acre parcel of land leased by the
County from the City of Key West and to provide long-term (20
year term with 10 year renewal option) animal control and
enforcement, services from Key West through Mile Marker 16.7'
of the Lower Keys. The proposal consists of $575,000 per year
of funding for operating expenses relating to',ammal',control ',and
',
enforcement services and additional funding for expenses
directly related to the operation of the l new facility, i.e.
increased utilities and insurance.
A copy of the unsolicited proposal received by the Monroe
County Board of County Commissioners may be requested'
from DemandStar by Onvia at www.demandstar.com or
wwwmonroecountybids.com or call toll -free at 1(800)711-
1712. A copy of the unsolicited proposal is also available at the
Monroe County Purchasing Office located at The Gato
Building, 1100 Simonton Street, Room 2-213, Key West,
Florida.
The Board has determined this unsolicited proposal is sufficient
for consideration on a'preliminary basis and will accept other
proposals for the same project purpose during this notification
period. No final decision has been made relative to accepting
this or any proposal for this project.
Anyone that has an interest in submitting a competing proposal
under the provisions of Section 287,05712, Florida Statutes, is
hereby invited to submit a proposal,' in compliance' with the
provisions of F.S. 287.05712(5), to the Monroe County
Purchasing Office, in triplicate, no later than 3I:00 p.m. on April
11, 2014, to: 'Monroe County Purchasing Office, The Gato
Building, 1100 Simonton Street, Room 2-213, Key West,
Florida', 33040.',Proposals received after 3:OO, p.m. on April 11,
2014 will be rejected.
Section XIII
Index to Rules Filed During Preceeding
Week
NOTE: The above section will be published on Tuesday
beginning October 2, 2012, unless Monday is a holiday, then it
will be published on Wednesday of that week.
1270
AMENDED AND RESTATED CONTRACT
BETWEEN FLORIDA KEYS SOCIETY OF
PREVENTION OF CRUELTY TO ANIMALS, INC.
AND MONROE COUNTY
This Amended and Restated Contract is entered into this day of _, 2014, between Florida
Keys Society of Prevention of Cruelty to Animals, Inc., a Florida (501)(c)(3) non-profit corporation,
("CONTRACTOR" or "FKSPCA") and Monroe County ("COUNTY").
WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006,
September 20, 2006, May 17, 2007 and February 16, 2011, May 18, 2011, August 17, 2011 and as
renewed on April 21, 2010; and
WHEREAS, the FKSPCA has provided animal control enforcement and services in Key West and
the Lower Keys since 1999; and
WHEREAS, the animal control facility on Stock Island has been poor condition and in order to
build a new and improved animal shelter, the FKSPCA as a 501(c)(3) non-profit corporation has raised
funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S.
287.05712; and
WHEREAS, the City of Key West has amended its 99-year'Lease Agreement with the County to
provide a new location for an animal control facility to be built; and
WHEREAS, the County and
pursuant to F.S. 287.05712 for long
animal control shelter to be built by
paramountpublic purpose and w
WHEREAS, pursuant to F.
project and partnership is in the I
financial plan submitted by FKSP(
WHEREAS, in consi(
building a new animal contr
into this agreement in consi
FKSPCA further intend to enter into this comprehensive agreement
-term animal control services and enforcement in exchange for an
the FKSPCA; and
hat the development of a new animal control shelter serves a
Id otherwise be a permissible use of County funds; and
287.05712, the County has further determined that the proposed
flic's best interest and provides an overall public benefit and that the
is reasonable and consistent with F.S. 287.05712(11); and
i of the savings to the County taxpayers in that FKSPCA will be
Ly to serve the public, the BOCC finds that it is appropriate to enter
n of that promise;
NOW THEREFORE, in consideration of the mutual promises and considerations, the parties
agree to enter into a comprehensive agreement and amend and restate the contract as follows:
1. TERM OF AGREEMENT
This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on
April 31, 2034. The term of this agreement shall be renewable in accordance with Section IV.
1
2. AMOUNT 0fAGREEh8ENT/AVA|LAB|LRYOFFUNDS
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
|avvo related to animals in Monroe County, Florida, shall pay tothe Contractor a not to exceed
amount of ) per year on a reimbursement basis equal to 1/12
of this amount or HE f\YNOV0T OF THE CONTRACT HAS YET TO BE
NEGOTIATED AND FINALIZED. If a reimbursement request is |eoo than the per month
reimbursement amount of the unused balance will be rolled over and
available for future reimbursement request ^�m
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.
A. PAYMENT
Payment Ube made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement
requests will be submitted to the Public Works Department. The County shall only reimburse, subject to
the funded amounts below, those reimbursable expenses which are reviewed and approved as
complying with this Agreement, 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 supporting documentation (e.g. copies of
invoices) attached. The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be
received within sixty (60) days after the termination date of this contract as shown in Article I above.
After
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 11 of this agreement.
The Contractor, as a 501(c)(3) non-profit corporation, agrees to provide the documentation listed in (a)-
(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 )otatus;
(b) List of the Organbabon's Board of Directors of; for each board member please indicate when
elected toserve and the length ofterm ofservice;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990from most recent fiscal year for all organizations;
(e) Organization'o Corporate Bylaws, which must include the organization'o mission, board and
membership composition, and process for election ofofficers; and
(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.
2
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.
3. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Florida 33040 and
upon completion at the new "Facility" and provide complete animal control
enforcement services from Mile Marker 0 to 16.7(the Harris Channel Bridge), including
the City of Key West.
i. STAFF: The Contractor will fully staff, operate and perform all current functions
of the Shelter, as further identified in the training manual to be prepared by
Contractor; said training manual will be reviewed and approved by the Director
of Public Works or designee prior to implementation. The contractor shall
provide a list of employees by name and title, including but not limited to,
shelter manger(s) and animal control officer(s). Since this contract is a service
agreement, staffing is of paramount importance. Contractor shall provide
services using the following standards, as a minimum requirement:
1. 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.
2. 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.
ii. 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. 10D-3.091, Procedures for
Control of Specific Communicable Diseases and Chapter 64B16-29, Animal
Control Shelter Permits.
iii. CARE OF ANIMALS: The Contractor will receive and properly confine all animals
that are brought to the Shelters or which become the responsibility of the
Shelters. All animals in the custody of the Contractor shall have a constant
supply of fresh water and be fed a diet appropriate for their species, breed, age
and physical condition. 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.
1. 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
3
iv
Examiners for the State of Florida for consultations and/or professional
services.
2. The Contractor shall provide the personnel and materials necessary to
humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelters. The primary drug to be utilized
for euthanasia shall be sodium pentobarbital, and the Contractor shall
administer euthanasia to those animals designated for destruction in a
humane manner and consistent with state and county laws and
regulations. The Contractor's personnel who perform euthanasia will
have appropriate certificates attesting to the employee's authority to
perform euthanasia, and copies of the certificates will be forwarded to
the Director of Public Works or designee.
3. The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program
in place for flea and tick control. The Contractor shall provide FIV and
Feline leukemia testing for all cats retained in the facility for adoption.
ADOPTIONS:
1. The Contractor shall ensure that rabies inoculations will be given to all
adopted and redeemed animals as required by law.
2. The Contractor will provide an adoption service through the Shelters for
the purpose of securing suitable homes for adoptable animals. The
Contractor shall fallow appropriate criteria to insure that each
companion animal is given a suitable home through basic screening
procedures that evaluateboth the animal to be released and the
potential adopter in an effort to assure that the animals adopted are
being placed in long-term homes. The screening procedures shall be
reviewed periodically by the Director of Public Works or designee as to
form and practicality. All adoptable animals will be available for
inspection by the public during normal working hours. The Contractor
shall utilize the Adoption Agreement attached hereto as Exhibit "G1"
unless' modified by written and signed directive from the Director of
Public Works or designee.
3. 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.
v. 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
Director of Public Works or designee on a bi-weekly basis.
4
vi. 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, 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.
vii. HOURS OF OPERATIONS: At a minimum: the Shelter shall be open to the public
at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays.
The Contractor shall provide the shelter schedule to the Public Works Department.
Hours of operation as set forth above 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.
5
B. SHELTER FACILITY/ PREMISES:
Due to the poor condition of the current animal control facility, The Contractor shall construct a
new animal shelter ("the Facility" or "Project") on the "Relocated Premises", which is more
particularly described on Schedule B of the Amended and Restated Lease Agreement, which is
attached hereto an incorporated by reference. The Contractor's unsolicited proposal is attached
hereto as "Unsolicited Proposal for a New Animal Shelter" and incorporated by reference.
The County understands that the Contractor is building the new Facility with tax-deductible
donations to the Contractor, which is a 501(c)(3) non-profit organization. To maintain the tax-
deductible status of donations, the Facility is required to be an asset of the Contractor with the
understanding that the Facility and any improvements thereto will become the property of
Monroe County upon expiration or termination of this Agreement, subject to the amortization
as set forth below. The Contractor shall execute any and all documents required to convey clear
title of the Facility to the County upon expiration or termination of this Agreement, subject to
the amortization as set forth below. The Contractor will use the Facility to provide the services
as outlined above.
The County must review and consent to
Facility before the Contractor proceeds r
County's competitive bidding procedure
the Monroe County Purchasing Policyar
Contractor shall provide delivery of perf,
security acceptable to the County in con
Facility in the form and amount satisfact
involve construction. the form and amount
to
e design, development and construction of the
ith work. The Contractor must comply with the
as setforth in Section 2-347 Monroe County Code and
I Proc
rt
edures. Also pursuant to F.S. 287.05712(9), the
a and payment bonds, letters of credit, or other
with the development or operation of the
he County. For components of the Facility which
ie bonds must comply with s. 255.05, Florida
I basis, the appropriate financial statements that
If this agreement is terminated by the County, the Contractor shall be entitled to
reimbursement only for the actual cost of work completed in construction of the Facility,
including architecture fees and permits fees. The total reimbursement will not exceed the total
cost of the construction minus depreciation, using a straight-line method of depreciation and
will be amortized over a period of 30 years. After 30 years, the Contractor will not be entitled to
any reimbursement for construction and the Facility and any improvements to the Relocated
Premises becomes the property of Monroe County.
The County grants and authorizes the Contractor to use and develop the Relocated Premises
described as Schedule B in the Amended and Restated 99-year Lease Agreement with the City of
Key West as attached hereto and incorporated by reference. The Contractor agrees to be bound
by all of the terms and conditions as set forth in the Amended and Restated Lease Agreement
and Joint Participation Agreement (JPA) attached hereto and incorporated by reference. The
Relocated Premises is to be used exclusively for animal control services, an animal shelter and
its related and associated uses. The Contractor shall develop and use the Relocated Premises as
an animal control facility for animal control enforcement and services in Key West and the
Lower Keys. The development and construction of the Facility shall comply with the provisions in
the Amended and Restated Lease Agreement.
Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in
consideration of additional cost directly related to operation of the new Facility, i.e. increased
utilities, insurance and maintenance, will increase compensation, in an amount to be
determined, on a reimbursement basis in compliance with the provision for payment as set
forth in paragraph 2 above.
The County grants and authorizes Contractor to use City property as set forth in the Revocable
and License Agreement for Use of City Property, as attached hereto and incorporated by
reference. The Contractor agrees to all of the terms and conditions as set forth in the License
Agreement. As per the License Agreement the Licensor/City of Key West and the County do not
assume any liability whatsoever for any damage which may occur on the Licensed parcel.
C. ENFORCEMENT SERVICES: Th(
enforcement services within the
to:
1. Training of Animal Control Offi
officers complete the mandatory cei
training curriculum approved by the'I
completed on a timely basis after a c
the Director of Public Works, or desi
Program Certificates.
2. Emerg
b.
C.
f.
g
Contractor will provide complete animal control and
ervice Area described above, including, but not limited
The Contractor shall provide that all animal control
ration program outlined by F.S. 828.27 (40 hours of
ida Animal Control Association); said training shall be
ay probationary period. The Contractor is to provide
e, with copies of the Animal Control Officer Training
ces (24-hours per day/7-days a week) for Priority One calls which are:
Injured an
Bite cases;
Animal bit
Wild anima
Dangerous
Animal cru
Law enfor(
bit by any warm-blooded creature;
ier animals;
in home;
dog investigations;
slty investigations;
3ment requests.
3. Patrolling service area on a regular and consistent basis;
4. Picking up dogs that are running at -large;
5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the
public of the availability of cat and raccoon traps.
6. Non -emergency animal pickup from residential homes during normal operating hours;
7
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.
D. 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 Director of Public Works or 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 Director of Public
Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." The
Contractor shall only chargefees 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 Shelters 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.
M
E. REpORTSOnabi'meedybaois,ContractorohaUprovidetheDirectorofPubUcVVodmor
designee with copies of all bite reports and citations that are issued. On a monthly basis,
Contractoroha||oubmitaotatiotica|reportuti|izingthefonnmarkedaoExhibit"G4"ao
same may beamended from time totime.
F. |nthe event ofahurricane orother
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 hurricane or similar natural disaster to care during the
disaster for h |s which hbeen evacuated and afterthe disaster for
animalsd and any animalswhich are at large. The Contractor will supply
those| ' addresses d telephone numbers to the County
Administrator who may, athis discretion, Contractor tohave the listed
employees remain inthe County during and wafter a Category 1, 2 or 3 Hurricane or
similar natural disaster.
G. Contractor shall
Control/Shelter Contractor inthe Pet
provide evacuation ofpets ofSpecial
4. RENEWAL:
The County shall have the option
the initial 20year period. The contract amou
with the percentage h umer
most recent 12months.
0�w
fidethe services designated |
ndly Special NeedsO| Plan to
ds Clients and assistance with care ofsaid pets.
t for an additional ten (10) year period after
herein may be adjusted annually in accordance
CPI) for all urban consumers (CPI-U) for the
S. CONTRACTOR'S LICENSE:
necessary to operate the Shelters. 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 Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
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
6. INDEPENDENT CONTRACTOR:
Atall 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.
7' UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility
accounts will beheld inthe Contractor's name.
VC
8. VEHICLES:
Contractor shall provide a list of all vehicle(s) currently used and any vehicle(s) that the Contractor
acquires or uses 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.
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.
9. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners and the County Court of Monroe County from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in
any tier, occasioned by the negligence, errors, or other wrongful act of omission`' of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance
indicating the minimum coverage limitations as indicated 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," 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. [THE INSURANCE'
REQUIREMENT ARE BEING REVIEWED BY RISK MANAGEMENT]
Additionally, the Contractor agrees to obtain and adhere to the insurance requirements as set forth in
the Amended and Restated Lease Agreement. Revised Joint Participation Agreement and Revocable
10. 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
10
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.
11. 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 estim
purchasing a capital asset with County funds, the 0
from the Public Works Department.
cost or be valued at $1,000 or more. Prior to
it shall notify and seek approval in writing
If County funds are used to acquire any capital assets, then up
contract those assets will become the property of Monroe Coi
County. The Contractor shall maintain a list of all capital asset
funds, noting whether acquired with County funds or other fu
provide said list to the Public Works Department, as amended
acquired. Property acquired with County funds will be inventc
Statutes.
All fixtures, equipment, signs and to
the premises by Contractor shall at
shall have the right to remove any s
part thereof, from the premises dur
reasonabletime thereafter, provide
damage to the Premises, and furthe
reasonable expenses of repairing dz
12.
in termination or expiration of the
my, unless otherwise agreed to by the
even those purchased without County
ding sources and the Contractor shall
when additional capital assets are
ied pursuant of Chapter 274, Florida
ngible personal property provided by the Contractor and used on
ill times be and remain the property of the Contractor. Contractor
Ach fixtures, equipment, signs or tangible personal property or any
ng the term of this contract, at the expiration thereof or within a
d, however that Contractor, in doing so does not cause irreparable
r provided that Contractor shall pay or reimburse County for the
mage caused by such removal.
Prior to commencement of the service contemplated herein, the County shall perform an inventory of
all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared
therefrom shall be signed by both parties hereto.
13. 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
11
circumstances, conditions, or situations shall this Contract be more strongly construed against the
Owner than against the Contractor.
14. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelters and Premises, 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 Director
of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost. 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 Director of Public Works or designee is obtained; written approval by the
Director of Public Works or designee shall not be unreasonably withheld. All improvements remaining
at the Shelter at the expiration or upon the termination of the contract shall become the property of the
County. If at the expiration or termination of the contract the Contractor wishes to leave the
improvements or personal property at the Shelter, Contractor shall obtain written approval from the
County. The County has the sole right to rejectthe 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 Countyfor 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.
15. FUNDRAISING:
The Contractor may not use the Shelter Facilities for fundraising events or for selling merchandise or
services unless the County does not object after the Contractor notifies the County in advance and
unless the funds raised, less related costs, are used to benefit the animals in Monroe County.
The Contractor shall collect on behalf of the County the 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 "6," 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 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.
12
Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations
received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
16. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20'USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975 as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee,-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title'VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting, discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity, or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
17. 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, FS, 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.
13
18. PUBLIC RECORDS:
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of
the State ofFlorida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe
County inorder toperform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe County
would provide the records and at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwiseid d by |
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining publicd ||
public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must provided znMonroe format that m
compatible with the information technology systems f MonroeCounty.
The County shall have the right tounilaterally cancel Agreement upon violation this provision by
19. MEDICAL RESEARCH:
In no event shall any animals under| of the Contractor be given,
bartered orsold toany medical research company.��m
The County hereby leases its cat/racc(
upon payment of a deposit fee. Al I d
upon return of the trap or, if the trap
the Contractor in order to purchase i
will return the same number of cat/
beginning of this agreement. Nothinj
own cat and raccoon traps. Contra
n traps to the Contractor for the Contractor to rent to the public
osit fees collected by Contractor shall be returned to the renter
not returned to Contractor, the deposit fee will be retained by
)lacement traps. At the end of this agreement, the Contractor
ccoon traps to the County as the County had provided at the
ierein shall preclude Contractor from purchasing and renting its
:)r shall notify the public of the availability of cat and raccoon
21. 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 ontermination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit the
facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to
animals. The Contractor agrees that the County Administrator may designate representatives to visit
the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal
business hours.
14
22. 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.
23. 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 Shelters in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
24. 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.
25. COMPLIANCE WITH LAW
In providing all services/goods pu
ordinances, rules and regulations
those now in effect and hereinaft
regulations'' shall constitute a mat
this contract immediately upon d
contractor shall possess proper li
throughout the term of this contr
'it to this agreement, the Contractor shall abide by all statutes,
aining to, or regulating the provisions of, such services, including
lopted. Any violation of said statutes, ordinances, rules and
breach of this agreement and shall entitle the Board to terminate
ry of written notice of termination to the contractor. The
�s to perform work in accordance with these specifications
26. DISCLOSURE AND CONFLICT OF INTEREST:
A. The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts with Monroe
County.
15
27. 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.
The Contractor represents by signing this agreement that it has the financial ability and responsibility to
develop and construct an animal control facility on the Relocated Premises and that it will be solely
responsible for all cost associated with the Project and that funds reimbursed under this contract are
not for the development and construction of the Project. As per the 99-year Amended and Restated
Lease agreement, the Contractor shall provide a performance guarantee to the County before a building
permit will be issued. The Contract shall warrant, prior to issuance of a building permit, that Contractor
has the financial capability to construct and complete the Project/The Facility as planned without the
need to request further funding from County for same. The Contractor shall confirm in writing (in the
form of bank statements; signed letter from the bank stating that funds are in the bank for the specified
project; documentation provided by a financial institution of a line of credit assigned to the construction
of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such
to be in a position to construct and complete the Facility. The County/BOCC shall address any
deficiencies in funding. The County/BOCC has the option to reduce the size of the project/The Facility in
order to meet any deficiencies in funding.
28. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
Monroe County Administrator and Dent Pierce, Director and County Attorney
1100 Simonton Street Monroe County Public Works 1111 12t" St., Suite 408
Key West, FL 33040 1100 Simonton St., Rm. 2-231 PO Box 1026
Key West, FL 33040 Key West, FL 33041-1026
FOR CONTRACTOR:
Florida Keys SPCA
5230 College Road
Key West, FL 33040
29. 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.
30. 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.
16
31. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a public entity for construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. (CATEGORY TWO: $25,000.00).
32. 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.
33. 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.'
34. 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.
35. SURVIVAL
Any terms or conditions of either of this Agreement that require acts beyond the date of the
term of the Agreement, shall survive termination of the Agreement, shall remain in full force
and effect unless and until the terms or conditions are completed and shall be fully enforceable
by either party.
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated
Agreement as of the date first written above.
17
(SEAL)
Attest: AMY HEAVILIN, CLERK
By:
Deputy Clerk
Attest:
By:
WITNESS
Print Name:
By: _
Print N
18
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
CONTRACTOR
By:
President
Preventio
Florida Keys Society for the
ruelty to Animals, Inc.
Protecting Pets in Paradise
LIA me " ON =6
TURI-11-p!]RImm
Dated March 10, 2014
ExecutiveSummary ..............................................................................1
Organizational Background..................................................................2
TheProject............................................................................................ 6
OurCurrent Facility......................................................................... 6
ProposedNew Facility..................................................................... 7
Campaign Fundraising Strategy...................................................... 9
FinancialPlan ................................................................................11
Appendix..................................................................... 16
Protecting Pets in Paradise
Executive Summary
The Florida Keys Society for the Prevention of Cruelty to Animals (FKSPCA) has been
the animal protection agency for Key West and the Lower Keys since 1999.Our board,
staff, and volunteers are committed to providing the finest service possible for the
animals and people of our community. To do so we depend largely on donated funds,
materials and personal time. For years, we have been operating out of a shelter that is
structurally unsafe for our animals and our staff. It has become clear that, if a new shelter
is to be built, it will have to be undertaken by the Florida Keys SPCA and its supporters.
The Florida Keys SPCA is fully prepared to take on the task of building a new shelter for
the protection of the animals in its care. The FKSPCA has raised for its building fund
approximately $938,000 in cash and over $700,000 in challenge grants and pledges to be
funded over the next fourteen months. After years of research and due diligence, we
believe that the City property on College Road next to Gerald Adams Elementary School
would be a wonderful location for the new shelter. This property represents the best
opportunity to achieve the goal of providing a safe haven for the animals in the Lower
Keys as well as the ability to continue and expand the diversity of animal -related services
that we are committed to providing to our community.
The FKSPCA is embarking on a campaign over the next fourteen months to raise an
additional $3.4 million to build a new hurricane -resistant, energy -efficient,
environmentally -friendly shelter and another $1 million for the Building Endowment
Fund that will insure the new shelter will be well maintained and last for many decades to
come. Funds will be raised through a combination of private donations, grants, and
corporate funding. Our capital campaign plan calls for the project to be completed, loans
to be paid in full, and the endowment fund to reach its goal by the end of the three-year
capital campaign period. With the guidance of our dedicated board and advisory
committee, we truly believe this goal is within our reach.
Organizational Background
Mission Statement
The Florida Keys SPCA is dedicated to promoting the humane treatment of all animals
through compassionate care, adoption, education, population control and humane law
enforcement.
Who We Are
The Florida Keys SPCA (FKSPCA) is a not -for -profit (501(c)(3)) animal protection
agency. FKSPCA operates an open admission shelter — no animal is ever turned away.
We place no time limit for animals waiting for a new home. We provide animal
control services for Key West and the lower Florida Keys.
Services We Provide
The Florida Keys SPCA has been operating the animal shelter on Stock Island since
1999. Over the last 14 years, the FKSPCA has provided essential services to Key West
and the Lower Keys.
: Adoption services
J* Animal control, with 24 hour availability
J* Abuse and neglect investigations
Low-cost and free spay/neuter clinic
o Spay/neuter is the most important step we can take to reduce the number
of animals entering our shelter.
o Our services are free to those who are unable to afford the fees.
o Our "Pit Fix" program offers free spay/neuter surgeries for Pit Bulls and
Pit Bull mixes
o We offer free spay/neuter surgeries for feral cats through a trap -neuter -
return program.
Free behavioral counseling for cats and dogs
Free rabies vaccinations and low-cost microchipping
: Community outreach
o Humane Education — FKSPCA reaches out to schools and the juvenile
detention center to teach humane animal care and bite prevention.
o Pet Food Pantry —FKSPCA spearheaded a program to help people feed
their pets during difficult economic times.
o Faith Program — FKSPCA houses, at no charge, the animals of
individuals seeking to escape domestic abuse situations, or those facing
other personal emergencies.
2
o 6/60 Program — FKSPCA is concerned about senior citizens as well as
senior pets. For that reason, individuals 60 years or older may adopt, at no
charge, an animal who is six years or older.
Statistics
Over the last three years the FKSPCA has taken in an average of 1,348 animals
each year, excluding animals who come only to our spay and neuter clinic. The
intakes primarily consist of dogs and cats. However, in 2013 we also took in:
o 16 rabbits o 20 domestic birds
o 2 snakes o 38 rodents (pet mice and
0 1 pig rats)
o 7 ferrets o 3 goats
o 2 large lizards
Over 14,000 dogs and cats (and over 100 rabbits) have been spayed and neutered
since the FKSPCA clinic began in 2000.
r. It is estimated that over 8,000 people visit the shelter each year.
". During 2013:
0 438 dogs and cats were adopted
0 337 dogs and cats were returned to their owners
0 600 dogs and cats were spayed and neutered
Because we are located in a small, island community, we work closely with other animal
assistance groups to help find homes for our animals. In 2013, 111 of our shelter
animals transferred out to other groups to find homes.
Operational Fundinn
The FKSPCA is contracted by Monroe County to provide animal control and adoption
services for Key West and the Lower Keys. The funding provided by this contract falls
woefully short of the cost incurred to properly care for the animals that come through our
shelter and to provide essential services to our community. We must rely on donations
and grants for such things as veterinary care and necessary drugs and medical supplies for
the animals. In addition, services such as our spay/neuter clinic and community outreach
projects are provided without any assistance from Monroe County or the City of Key
West and are only made possible through donations and grants.
The Board and Fundraising
The FKSPCA board has eight members with diverse backgrounds, each residing in the
Florida Keys for a number of years. All are dedicated to the success of the organization
and the acquisition of a new shelter. Each board member has contributed both money
and time to the project. Each member is active in fundraising events for the organization.
3
Most board members are active volunteers in various aspects of shelter and clinic
operations or fundraising.
While the board has little experience in capital campaigns they have advisors that do.
The board has worked hard over the past several years to increase awareness of the
organization and the important role that it plays for both the animals and the people of
our community. We feel we have been successful in this endeavor. Some indications of
that success include increased donations and increased interest from volunteers wanting
to help at the shelter and clinic.
The FKSPCA enjoys a steady stream of donations from our community. Fundraisers
bring in additional funds. For the past three years, our largest annual fundraising event
has been our Spring Social. Over 400 people attended the most recent Spring Social
which raised $81,000. Almost 30 people volunteered considerable time and energy to
make the event a success. Committee member and local business owner, Georgia Favelli,
received over 600 items donated from local businesses and individuals for the live and
silent auctions — probably the largest silent auction in the Lower Keys. Christopher
Rounds, local restaurateur, donated the food and the services of his employees. Other
board members co-chaired the event, which required strong organizational skills to run
smoothly.
In 2008, the FKSPCA began direct mail appeals as a fundraiser for general operations
and increased those direct mail efforts during 2013. Direct mail appeals in 2013 brought
donations totaling approximately $84,000 after deducting the costs of the direct mail. A
quarterly email newsletter reaches almost 1,000 people by email. While the newsletter is
not a direct appeal for donations, it is a good tool for keeping the community informed
about the services we provide and the ongoing needs of the organization.
The Board has been successful in writing grants for various aspects of operations in the
past.
Communitv Relationships
The FKSPCA has an excellent relationship with Monroe County government with whom
we have a contract to provide animal control services as described above. Several local
veterinarians provide their services to us at a discount which enables us to provide more
and better care for the animals; we cannot thank them enough for all they do for the
shelter animals.
The FKSPCA has launched a concerted effort over the past several years to raise
awareness of the organization and the important role we play within our community. As a
result, we enjoy tremendous local support which is evidenced by monetary and in -kind
donations, volunteers and the numerous fundraising events to benefit the FKSPCA
organized by businesses, civic and social groups, and individuals in the community. In
2013, there were at least 18 such events. While many of the events were small, the
4
number of events is an indication of the growing awareness within the community of our
services and our needs, one of which is a new facility.
The Board and the Project
The FKSPCA board of directors has been and will continue to be actively involved in
overseeing the project. Board members include a real estate broker, an attorney, two
accountants and local small business owners. The board has advisors with marketing,
capital project fundraising, large project construction and real estate management
experience. Some board members have experience dealing with development projects
from conception until completion. All of these backgrounds and experiences will be an
asset to the project.
r'=
The FKSPCA hereby submits the following Unsolicited Proposal for the construction
and operation of a new animal shelter facility on College Road, Key West, Florida.
Pursuant to Section 287.05712(5) of the Florida Statutes, an unsolicited proposal from a
private entity, such as the FKSPCA, must be accompanied by the following material and
information, unless waived by the responsible public entity:
(a) A description of the qualifying project, including the conceptual design of the
facilities or a conceptual plan for the provision of services, and a schedule for the
initiation and completion of the qualifying project.
(b) A description of the method by which the private entity proposes to secure the
necessary property interests that are required for the project.
(c) A description of the private entity's general plans for financing the qualifying
project, including the source of the private entity's funds and the identity of any
dedicated revenue source or proposed debt or equity investment on behalf of the
private entity.
(d) The name and address of a person who may be contacted for additional
information concerning the proposal.
(e) The proposed user fees, lease payments, or other service payments over the term
of a comprehensive agreement, and the methodology for and circumstances that
would allow changes to the user fees, lease payments, and other service payments.
(f) Additional material or information that the responsible public entity reasonably
requests.
Our Proposal will address each of these requirements in order below:
A description of the qualifying project, including the conceptual design
of the facilities or a conceptual plan for the provision of services, and a
schedule for the initiation and completion of the qualifying project
Our Current Facility
The FKSPCA operates out of a facility that is literally crumbling around us. What were
already old buildings in disrepair have been made even worse by the saltwater intrusion
from Hurricane Wilma in 2005. This has caused spalling in the concrete walls with whole
columns ready to give way. Because our buildings are so unsafe, we evacuate every
animal into foster homes when a hurricane threatens the Florida Keys. However, it
doesn't take a hurricane to cause disruption. The buildings are subject to flooding during
routine thunderstorms we see so often in the Keys.
In addition to what is visible on the surface, our facility systems are so outdated as to
endanger the health of the animals in our care. For example, we have no means of
quarantining sick animals because the air handling systems for each building service the
R
entire building. That means that whenever an animal develops a contagious ailment (such
as an upper respiratory infection —very common in shelter cats), that one case will often
develop into an outbreak throughout the shelter as we have no way to isolate individual
cases.
Our current facility is also restricted due to size limitations:
The design of our kennels is outdated and contributes to stress in the animals.
Modern shelter designs provide for an overall environment that reduces stress for
both animals and staff.
".• More space is needed to comfortably house the number of animals we typically
have awaiting adoption, as well as for those waiting to be claimed by their owners.
••Z We have one, very small administration area. This means that someone visibly
upset at having to surrender an animal, or request euthanasia for a beloved pet who
is failing, must share the same small space with a family excited about adopting a
new pet.
r.• We would like to provide classes and workshops for the public to promote training
and humane animal care but currently have no space for such activities.
�•' Our spay/neuter clinic, which is very important to our community and our mission,
is currently housed in a small, cramped trailer.
Photos of the current facility are attached hereto as Exhibit A.
Proposed New Facility
The FKSPCA proposes to build a new 20,000 square foot modem animal shelter facility,
at its own cost, on the approximate 1.02 acre parcel of land on College Road property
next to Gerald Adams school and to operate the new facility on a long-term basis. The
City of Key West has already proposed to lease the subject property to Monroe County
pursuant to an amended Joint Participation Agreement, an Amended and Restated Lease
with the City of Key West, as landlord, and Monroe County, as tenant, and a Revocable
License for Use of an adjoining parcel. These documents are scheduled to be presented
for approval at the March 18, 2014 City Commission meeting and at the March 19, 2014
Board of County Commissioners meeting. Our proposal contemplates that our current
contract with Monroe County for animal control services will be amended and extended
to contract for us to build the facility and to operate it on a long-term basis. Our current
contract began on May 18, 2005 and ends on June 30, 2015. We propose an extension of
our contract for a twenty (20) year term with an additional ten (10) year renewal.
K
The FKSPCA, as a 501(c)(3) non-profit organization, proposes to build the new facility
at its cost and with tax-deductible donations from its donors. To maintain the tax-
deductible status of the donations, the new facility will be required to an asset of the
FKSPCA with the understanding that the facility will become the property of Monroe
County at the end of the agreement between the parties. Since the building will be built
with FKSPCA funds and our current contract with Monroe County provides that the
County may terminate the contract, with or without cause, with sixty days notice, the
FKSPCA seeks to protect its investment by being reimbursed by the County for its
construction costs, including architect fees and permit fees, should the new contract be
terminated prior to the end of the 30-year term. We propose that a fair reimbursement
would be our construction costs, including architect fees and permit fees, minus
depreciation, using the straight-line method of depreciation, and amortized over a period
of thirty (30) years.
In collaboration with advisors and our architect, we determined the minimum size shelter
to fit our needs is approximately 20,000 square feet based on statistical information,
including, but not limited to: the number of animals taken in, average length of stay,
average inventory of animals at any one time, number of animals coming in for each
spay/neuter clinic, space requirements for food, supplies, crate storage, number of
employees, office space required, space required for activities such as dog training
sessions, and adoption consultation areas. The FKSPCA's goal is to be able to house our
animals safely at our shelter during all but the most severe hurricanes, at which time the
animals will be evacuated out of the area. We would also like to have ample room to
safely house the pets of first responders so that they can work to help our community
knowing their pets are safe.
We envision a new shelter that will be a destination for local individuals and families,
one in which people will want to visit when they are considering bringing a new animal
into their home as well as functioning as a resource for people who need training or
behavior assistance with their own animals, thereby helping to keep the animal in the
home.
The Florida Keys is a pet -friendly community. We truly believe the community needs an
animal- and people -friendly facility.
The development of a new animal shelter facility serves a paramount public purpose.
A comparison of the square footage for the various uses of the current facility versus the
proposed facility is attached hereto as Exhibit A. The current facility is a mixture of
dilapidated buildings, trailers, and sheds which are not connected and which subject the
staff to the elements in their daily line of work. The new facility is proposed to be a
single building with approximately 20,000 square feet of enclosed space.
A conceptual drawing of the exterior of the facility as well as conceptual photos for the
interior spaces are attached hereto as Exhibit B. The conceptual drawing and photos
H.
envision a modem, safe, hurricane -resistant facility, as opposed to the facility we
currently have, which was built upon the outdated "dog pound" model.
A schedule for the initiation and completion of the project is attached hereto as Exhibit C.
Exhibit C is adapted directly from the construction timeline provided for under the
proposed Amended and Restated Lease for the subject property. If our Proposal is
accepted, we will contractually agree with Monroe County to abide by the terms and
conditions of the timeline set forth in said Lease, as well as with the other terms and
conditions of the Lease. As Exhibit C indicates, we anticipate the project to take
approximately three years with a starting date of April 2014 and a completion date by
March 19, 2017.
A description of the method by which the private entity proposes to
secure the necessary property interests that are required for the project
As stated immediately above, a proposed Lease between the City of Key West and Monroe
County for the new site is expected to be presented for approval at the March 18, 2014 City
Commission meeting and at the March 19, 2014 Board of County Commissioners meeting. If
approved at both meetings, a new long-term Lease will be in place for the new site between the
City and the County starting on April 1, 2014 and ending on November 11, 2084. The FKSPCA
proposes to build and operate the new facility pursuant to an amended and extended contract with
Monroe County which would permit the FKSPCA to use and occupy the property for those
purposes.
A description of the private entity's general plans for financing the
qualifying project, including the source of the private entity's funds and
the identity of any dedicated revenue source or proposed debt or equity
investment on behalf of the private entity
Campaign Fundraising Strategy
The FKSPCA will seek funds from four different sources to complete the construction of
the new shelter. Some funds are available immediately, such as those funds set aside in a
dedicated building fund over the past few years. Other funding to be acquired over the
next year includes:
Individual donations: The first phase of seeking individuals to provide leadership
donations toward the building of a new shelter is already underway. The Capital
Campaign will continue throughout the three years of the project. This is expected to be
the largest source of funding. Naming opportunities for individual components of the
shelter will be offered at various levels of giving.
66
Foundation grants (public and private): This is a good source of monies that we intend to
pursue vigorously, although we realize it can take months of lead-time for applications to
be prepared and decisions made by the foundations.
Business/Corporate sponsorships will be offered for naming opportunities.
Government grant programs will also be pursued.
Campaign Funding Forecast
The funding forecast indicates that it is expected to take three years to complete the
fundraising and the construction of the facility. The fundraising for the construction cost
is expected to be completed by June 2015. Additional fundraising for an endowment
fund for the building will continue through the construction period. Consequently, one of
the main ongoing tasks of the executive director will be fundraising.
Web Plan Summary
The FKSPCA website (www.fkspca.org) will be used as a resource to provide
information to donors on the organization and the status of the project.
Campaign Staff & Volunteers
The Capital Campaign will be run by a development professional with assistance from
the FKSPCA board, advisors and volunteers. The Board's experience with fundraising is
discussed in the Board and Fundraising section above.
Personnel Plan
• Executive Director — Nonprofit management, fundraising, marketing, and other
activities.
• Shelter Director — Shelter operations and staff management. Involved in the
project as it relates to building needs for the shelter.
• Capital Campaign Consultant — The recently hired consultant is working as a
liaison between the Board of Directors and the Capital Campaign Committee.
This position supports fundraising leading to the construction of a new shelter
through prospecting, account and campaign management, reporting, and more.
• Board of Directors — The Board will be used as a resource for business decisions
and management as well as a tool for fundraising.
• The Capital Campaign Advisory Committee — In order to bring new ideas from
more diverse groups, the FKSPCA has formed a committee composed of
community leaders committed to the goal of a new animal shelter.
IN
Financial Plan
Assumptions
• The Lease from the City to the County is approved at the March 18, 2014 City
Commission meeting and at the March 19, 2014 BOCC meeting.
• The County will approve the FKSPCA unsolicited proposal to build and operate
the animal shelter.
• Used rough estimate of $250 per square foot for building costs including basic
shelter equipment.
• If additional furnishings are needed, they may be funded by unrestricted donations
or additional grants.
• Endowment Fund balance at 12/31/13 of $21,115 is ignored in this Projection and
fundraising for proposed $1,000,000 endowment fund is not included in this plan.
11
Proiected Cash Flow
Three Years beginning March 1, 2014 and ending March 1, 2017
Mar 2014 -
Dec-14
Jan 2015 -
Jun-15
Jul 2015 -
Mar-17
3 year
Total
Phase One
Phase Two
Phase Three
Beginning Cash & Committed Gifts:
Building Fund Cash Balance at 2-28-14
938,000
938,000
Pledges & Committed Foundation Gifts
519,000
200,000
719,000
Total Beginning Cash & Committed Gifts
1,457,000
200,000
1,6579000
Source of Additional Funds:
Matching gifts for Foundation Match
200,000
200,000
New Foundation Gifts
200,000
200,000
Large Individual Gifts
196009000
600,000
2,200,000
Personal visits & receptions
250,000
250,000
500,000
Community Support Groups
20,000
10,000
30,000
Brick Campaign Gifts
10,000
10,000
20,000
Existing supporters/adoptee families
40,000
40,000
80,000
Spring Social Fundmiser
90,000
100,000
190,000
Grants
109000
10,000
Total Source of Additional Funds
29010,000
194209000
3,430,000
Use of Funds:
Capital Campaign Consultant
13,500
30,000
43,500
Kick-off Campaign party
1,500
1,500
Architect & Engineer Costs, Insurance & Fees
300,000
200,000
100,000
600,000
Construction Costs
0
0
3,900,000
3,900,000
Equipment & furnishings
0
0
500,000
500,000
Total Use of Funds
315,000
230,000
4,5009000
5,0459000
Beginning cash & committed Gifts
19457,000
3,152,000
4,542,000
938,000
Ending cash in Building Fund
3,1529000
4,542,000
42,000
42,000
12
The name and address of a person who may be contacted for additional
information concerning the proposal:
Sue Turner, Treasurer, FKSPCA
5230 College Road
Key West, FL 33040
305-393-3609
sue turner( )bellsouth net
Linda Walker, Secretary, FKSPCA
5230 College Road
Key West, FL 33040
305-923-3107
UNDALAW(aaol,co
Tammy Fox -Royer, Executive Director, FKSPCA
5230 College Road
Key West, FL 33040
305-2944857
AEu��trx l%s ca.org
The proposed user fees, lease payments, or other service payments over
the term of a comprehensive agreement, and the methodology for and
circumstances that would allow changes to the user fees, lease payments,
and other service payments
Proposed Contract for Animal Control Enforcement and Services
The FKSPCA proposes our present contract be restated and extended to a twenty (20)
year term with an additional ten (10) year renewal at a reimbursable compensation not to
exceed $575,000 per year with annual increases based on the Consumer Price Index
(CPI) for all urban consumers (CPI-U). When the building has been completed and
occupied, the compensation shall be increased by any increase in the insurance, utilities
and maintenance costs of the new building.
Attached are documents supporting the requested annual costs of $575,000.
1. Monroe County Contract Revenues and Expenses and Animal Statistics —
Key West Only (Exhibit D)
This attachment shows the historical costs expended to perform the duties and
tasks required under our County contract for the most recent six calendar years.
The historical records show that the FKSPCA has consistently expended more
than has been reimbursed by the County since the inception of our current
contract. The County audit performed in late 2010 on the months from January
13
2007 through October 2010 indicated that during that time period, the FKSPCA
spent $80,000 to $90,000 more on County contract services than the FKSPCA
received from the County. Since 2010, the number of animals coming into the
Lower Keys shelter has grown by 29% (see Exhibit F — Comparison of Animal
Shelter Statistics for the three Shelter Operators in the Keys). As you can see
from the Historical Cost Comparison, our costs have also grown to be more than
$200,000 per year more than what we receive from the County. In 2013, the
FKSPCA spent $626,298 to perform the services required by the County contract.
2. Estimated Cost for the County to Operate the Lower Keys Animal Shelter
(Exhibit E)
This attachment shows the FKSPCA's estimate of the cost of operating the shelter
if it was done by County employees. The FKSPCA believes that the indicated
cost of $576,640 is conservative and could actually be higher.
3. Comparison of Animal Shelter Statistics for the three Shelter Operators in
the Keys (Exhibit F)
This attachment compares the average animal intake, adoptions, redemptions,
euthanasia and average inventories for the three shelters for the last three fiscal
years. Animal intake and other animal activity have increased significantly for
the FKSPCA over the last three years while the same activity for the other two
shelters has decreased. The FKSPCA animal intakes have increased 29% since
the fiscal year ended September 30, 2007. During the last three years, the
FKSPCA's share of dog and cat activity in the Florida Keys was:
55% of intakes
57% of adoptions
66% of redeemed to owners
55% of shelter inventory at 9/30/13
$575,000 annual compensation would be 53% of the total compensation paid to
all three animal shelters as indicated on the attachment. The percentage of
animals cared for by the FKSPCA supports an annual cost of $575,000.
4. Additional Exhibits G & H
The FKSPCA is a reputable and stable 501(c)(3) non-profit organization that is
capable of efficiently and effectively operating the animal shelter in a humane and
caring way that our animal loving community will support with pride. The
community has been showing their support in many ways throughout the years.
Attached are additional exhibits that indicate our financial stability:
a. Statement of Financial Position at December 31, 2013 and 2012 (Exhibit
G)
b. List of cash balances and funds pledged or committed at January 31, 2014
(Exhibit H)
14
Additional material or information that the responsible public entity
reasonably requests
The FKSPCA agrees to provide any further materials or information the County
reasonably requests with respect to this proposal.
In addition, in accordance with Section 287.05712 of the Florida Statutes, the FKSPCA
states that
(1) The project is in the public's best interest.
(2) Ownership and possession of the facility will revert to Monroe County at the end
of the FKSPCA's contract with Monroe County.
(3) There are adequate safeguards in place to ensure that additional costs and service
disruptions are not imposed on the public in the event of material default or
cancellation of the agreement by Monroe County.
(4) There are adequate safeguards in place to ensure that Monroe County or the
FKSPCA has the opportunity to add capacity to the proposed project serving
similar predominately public purposes.
15
Exhibit A: A comparison of the current and proposed facilities, with photos of the current facility
Exhibit B: Conceptual drawing/photos of the proposed facility
Exhibit C: Schedule for initiation and completion of project
Exhibit D: Monroe County Contract Revenues and Expenses and Animal Statistics -- Key West Only
Exhibit E: Estimated Cost for the County to Operate the Lower Keys Animal Shelter
Exhibit F: Comparison of Animal Shelter Statistics for the three Shelter Operators in the Keys
Exhibit G: Statement of Financial Position at December 31, 2013 and 2012
Exhibit H: Summary of Cash and Funds Pledged or Committed at January 31, 2014
EL'
Exhibit A-1
Comparison of Current and Proposed Facilities
AS' The current shelter is a mixture of dilapidated buildings, trailers, and sheds. The facility is rat -infested and kennels flood during a common rain storm. The current
arrangement is a dangerous workplace for staff and unsuitable housing for animals.
V With a new shelter, we expect intake numbers to increase as owners will be more willing to surrender their animals rather than giving away through such options
as Craig's list.
0 The FKSPCA places no time limit on animals waiting for adoption. Keeping them safe and sane during lengthy stays is a high priority.
4' There are too many days when we do not know where we will put the next animal that comes through our door.
V Animal Daily Numbers over the last two years.
■ Over the past two years, the average number of dogs in inventory is 55.
■ Our daily inventory of dogs consistently goes over 70 dogs and we have had as many as 89 dogs at once.
■ Over the past two years, the average number of cats in inventory is 89.
■ Our daily inventory of cats consistently goes over 100 cats and we have had as many as 136 at once.
4' In 2013, 1,348 animals were admitted to the shelter. This does not include animals arriving only for the spay/neuter clinic.
Current
Proposed
#
Sq. Footage
#
Sq. Footage
Administrative Offices
1
334.00
3
360.00
New shelter includes one large room with several work cubicles.
ED Office
1
1
96.00
120.00
Copy/Workroom
n/a
1
122.00
This is the minimum size recommended by our architect. It will create
Lobby
n/a
1
1,000.00
a welcoming entrance as well as allow for events and fundraising
functions.
Public Restrooms
1
2
56.00
224.00
Multipurpose Classroom with Kitchenette &
�a
1
This will allow for dog training to help keep dogs in home, school field
Storage
850.00
trips, staff training, board meetings, etc.
Retail
n/a
1
217.00
A true retail area will help provide income for animal care.
ACO Office
1
80.00
1
150.00
Current ACO office is a small shed.
A separate lobby for owner surrenders and strays is imperative to
Surrender Lobby
n/a
1
150.00
remove visibly distraught owners and potentially dangerous strays
from individuals seeking to adopt.
Current
Proposed
Exhibit A- I (o
#
Sq. Footage
#
Sq. Footage
Temporary Stray Holding
n/a
1
4 kennels & 10 cages. A holding area until animals can be examined
330.00
and assessed prior to addition to the general population.
Bereavement Room
n/a
80.00
A quiet place to say goodbye for owner requesting euthanasia.
New clinic will include waiting room, exam room, x-ray, pharmacy,
Clinic (currently in trailer)
I
reception, file storage, surgery, and recovery. This will not only
146.00
1,180.00
provide much needed medical care but will eventually provide an
income stream to help care for shelter animals.
Behaviorist Office (currently in shed)
1
140.00
1
150.00
Dog Get -Acquainted Rooms
1
2
Currently, potential adopters meet dogs in yards, regardless of weather,
288.00
bugs, etc.
Dog Adoption Kennels
19
2,163.00
48
Current dog kennels are a flood prone, high -stress, rat -infested
3,008.00
environment that leads to emotional and physical deterioration.
Dog Stray Kennels
25
1,440.00
34
_11190.00
Allows for sick isolation
Dog Evaluation/Exam Room
n/a
1
150.00
Dog Food Prep & Clean Up
n/a
1
100.00
Currently, at outside sink
Medical & Food Storage
1
117.00
1
126.00
Cat Adoption Rooms - Colony Rooms
4
456.00
6
1,018.00
Current cat colony rooms are overcrowded, causing stress and illness.
Cat Adoption Holding - Cages
n/a
1
152.00
Cages allow for cats not suitable for colony rooms.
Kitten Adoption Holding
n/a
1
106.00
Cat Stray Holding
4
475.00
4
745,00
Allows for sick isolation
Currently, potential adopters can only interact with the cats in the
Cat Get -Acquainted Room
n/a
1
72.00
overcrowded cat colony rooms with little room to move around or
interact in a normal manner.
Cat Service Room
n/a
1
295.00
Preparing food, medications, computer entry.
Cat Evaluation/Exam Room
n/a
I
This work is currently done in a crowded comer of one of the c at str a y
50.00
holding rooms.
Shelter Grooming
n/a
1
165.00
Bathing, grooming, etc.
Master Clean Room
n/a
1
100.00
Laundry
2
248.00
1
200.00
)nt'd)
Current
Proposed
Exhibit A- I (c
#
Sq. Footage
#
Sq. Footage
Small animal holding (Rabbits, etc.)
1
2
Currently, held in stray dog area with lots of barking and no adoption
112.00
168.00
area for potential adopters
Storage/Freezer Area (currently outside)
260.00
1
100.00
Separate freezer room.
General Storage
n/a
1
296.00
Desperately need. Current storage is outdoor kennels overrun with rats.
Crate and trap Storage
1
120
1
Desperately need. Current storage is outdoor kennels and shed overrun
126.00
with rats.
Overnight drop box
n/a
1
76.00
Currently, an outdoor pen with no security.
Employee break room
n/a
1
120.00
Staff restroom with shower
n/a
1
55.00
Elevator - Public
n/a
I
Because land is limited, a two-story building is necessary to provide
440.00
adequate space.
Elevator - Staff
n/a
I
A separate elevator is needed to move sick or potentially dangerous
440.00
animals without encountering the public.
Machine Room
n/a
1
85.00
Stairs
n/a
1
380.00
Square footage
6,243.00
16,484.00
Currently, various rooms are not connected but are a series of
Add 30 % for walls and circulation
4,945.20
miscellaneous buildings, leaving staff subjected to the elements in the
daily line of work.
Total Square Footage
6,243.00
21,429.20 1
ont'd)