Item C16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
./
MEETING DATE: February 16,2000
DIVISION: Public Works
BULK ITEM: Yes x No
-
DEPARTMENT: Animal Control
AGENDA ITEM WORDING: Approval of renewal agreement with the Humane Animal
Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of
$190,631.50 per year (1.9% CPI increase over last year's contract amount of
$187,077.04), and authorization for the Mayor to execute same.
ITEM BACKGROUND: The contractor has agreed to renew this agreement and
requested a CPI increase. This renewal is for the third and final year; there are no
additional renewals left under the original agreement.
PREVIOUS RELEVANT BOCC ACTION: On March 11, 1998, the Board approved the
contract with Humane Animal Care Coalition to operate the Key Largo Animal Shelter,
and on February 11, 1999, the BOCC approved the second year renewal.
STAFF RECOMMENDATION: Approval as stated above.
,
TOTAL COST:
$190,631.50
BUDGETED: Yes: x No:
-
Account 001-21000-530340
COST TO COUNTY: same
REVENUE GENERATED: Yes
No x
-
DIVISION DIRECTOR APPROVAL:
gement:
x
-
APPROVED BY: County Atty:..!- OMB/Purchasing: x
/(
-
~o
DOCUMENTATION: INCLUDED: .2L TO FOLLOW:
DISPOSITION:
AGENDA ITEM #:
NOT REQUIRED:
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MONROE COUNTY BOARD OF COUNTY COMJ\lISSIO:NERS
CONTRACT SUMMARY
Contract #
Contract with: fu (Y\ t\. t--e ~ I nvJ Ca,ye CVpJ /" h t7'-
Contract Purpose/Description: ~~ of- ~
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Effective Date: 'I / , /00
Expiration Date: 3 /3/ /0/
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Contract Manager: ~U Le-fo
(Name)
L/ 5hv
(Ext.)
PlA-blJ~ WI) rKS
(Department)
for BOCC meeting on :).j -Lb.) 00
Agenda Deadline: ~/ ~ / 00
. CONTRACT COSTS
Total Dollar V alu~ 'gt Contract: $ {qOt b~ I. 50 Current Year Portion: $ j '7 I 315,1 to
Budgeted? Yes1-No_ Account Codes:~- J,.IOOO - 530 - 3"10 -
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Novinc1uded in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance. utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed Reviewer
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OMB Form Revised 8/30/95 MCP 12
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shelter)
This renewal agreement is made and entered into this day of
2000, between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE
COALITION, INC. (Contractor) in order to renew that certain agreement entered into on
March 11,1998, as renewed on February 10, 1999, as follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for one
additional year.
2. Section IX - PAYMENT, is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $190,631.50 per annum ($187,On.04 plus 1.9"0 CPI
increase of $3,554.46). The County shall pay the Contractor on a per month in arrears
basis in an amount equal to 1/12 of the total cost of the contract, or $15,885.96 per
month. The Contractor shall provide a monthly invoice to the Division of Public works,
and payment shall be made on or before the 15th day of the following month."
3. The term of this amended agreement shall commence on April 1, 2000, and terminate
on March 31, 2001.
4. In all other respects, the original agreement between the parties dated March 11,
1998, as renewed on February 10, 1999, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
( Seal)
Attest:. DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
HUMANE ANIMAL CARE COALITION,
INC.
By:
8
President
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shelter)
. '
This renewal agreement is made and entered into this 10th day of February, 1999,
between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE COALITION,
INC. (Contractor) in order to renew that certain agreement entered into on March 11, 1998,
as follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for one
additional year.
2. Section IX - PAYMENT, is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $187,077.04 per annum ($181,440.00 plus $2903.04
for 1.6'10 CPI plus $2,734 for employee training and certification expenses). The
County shall pay the Contractor on a per month in arrearS basis in an amount equal to
1112 of the total cost of the contract, or $15,589.75 per month. The Contractor shall
provide a monthly invoice to the Division of Public works, and payment shall be made on
or before the 15th day of the following month."
3. The term of this amended agreement shall commence on April 1, 1999, and terminate
on March 31, 2000.
4.' In all other respects, the original agreement between the parties dated March 11,
1998, remains in full force and effect.
'l'I'1._.~,~~~]N~:?rS WHEREOF, the parties have hereunto set their hands and seal, the day
a ~ ~ ~ritten above.
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('''01)''; ',-~::, <,-. ;' BOARD OF COUNTY COMMISSIONERS
Att Sf:, DANNYL. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
Bd2=~~~;':t-tS''''- .
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By ~ .t\~~.a~___~ ~
Mayor/Chairman
HUMANE ANIMAL CARE COALITION,
INC.
By:~74M~
President
. .
AGREEMENT
for
OPERATION OF KEY LA~GO ANIMAL CONTROL
This agreement is entered into this 1l1b:. day of 1!JJr(le-/-f- ,1998, by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, a political subdivision of the State of Florida, (hereinafter "County"), and
HUMANE ANIMAL CARE COALITION, INC., 283 Saint Thomas Avenue, Key Largo,
Florida 33037, a non-profit organization existing under the laws of the State of Florida,
(hereinafter Contractor);
WIT N E SSE T H: .
The County hereby authorizes the Contractor to operate the Key Largo Animal
Control Shelter located at 105951 U.S. Highway 1, Key Largo, Florida 33037; as further
described in Exhibit "A" attached hereto, (hereinafter "Shelter"), and to provide complete
animal control and enforcement services within the unincorporated area of Monroe
County from MM 70 West to MM 112 North, and East to Ocean Reef, including the
Village of Islamorada (hereinafter "Service Area"), according to the following terms and
conditions:
I. SCOPE OF SERVICES:
a. The Contractor will fully staff, operate and perform all current functions of the
Shelter.
b. The Contractor shall secure, maintain and pay all applicable fees for any permits
and licenses necessary to operate the Shelter.
c. The Contractor shall cooperate with the Monroe County Health Department and
follow all local and state laws, regulations and procedures, including but not limited to
F.A.C. 100-3.091, Procedures for Control of Specific Communicable Diseases and 0,
Chapter S9X-29, Animal Control Shelter Permits. I
d. The Contractor shall give first preference of erl)ployment to the current Shelter
Supervisor and three (3) Animal Control Officers. Further, the Contractor shall provide
that all animal control officers complete the mandatory certification program outlined by
F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control
Association); said training shall be completed on a timely basis after a 90-day
probationary period.
e., The Contractor will receive and properly confine all animals that are brought to
the Shelter or which become the responsibility of the Shelter. All animals in the custody
of the Contractor shall have a constant supply of fresh water and be fed a diet
appropriate for their species; breed, age and physical condition.
f. The Contractor shall provide appropriate care for sick and injured animals in its
custody and shall obtain the services of a veterinarian who is licensed by and in good
standing with the Board of Veterinary Medical Examiners for the State of Florida for
consultations and/or professional services. .'
g. The Contractor shall maintain the Shelter, including kennel area, cages and
euthanasia room, and all equipment in a clean, safe, and sanitary manner.
h. The Contractor shall provide the personnel and materials necessary to humanely
euthanize all animals designated for euthanasia by the supervisor or designee of the
Shelter. The primary drug to be utilized for euthanasia shall be sodium pentobarbital,
and the Contractor shall administer euthanasia to those animals designated for
destruction in a humane manner and consistent with state and county laws and
regulations. The Contractor's personnel who perform euthanasia will have a certificate
signed by a licensed veterinarian attesting to the employee's ability to perform
euthanasia.
i. The Contractor shall ensure that rabies inoculations will be given to all adopted
and redeemed animals as required by law.
j. The Contractor shall provide heartworm testing and deworming to all adoptable
animals, provide feline leukemia virus testing for all adoptable kittens and cats, and
shall have a program in place for flea and tick control.
k. The Contractor will provide an adoption service through the Shelter for the
purpose of securing suitable homes for adoptable animals. Adoptable animals will be
available for inspection by the public during normal working hours.
I, The Contractor will issue license certificates for dogs and cats as required by the
Monroe County Code and collect the established fees therefor. The Contractor will be
responsible for determining that all requirements have been satisfied by an applicant
prior to issuing a license certificate and shall remit all fees therefor to the Monroe
County Tax Collector, Harvey Government Center, 1200 Truman Avenue, Key West,
Florida.
II. 'ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the
Service Area described above, including, but not limited to:
1. Emergency services (24-hours per day/? -days a week) for Priority One calls
which are:
a. Injured animal;
b. Bite cases; person bit by any warm blooded creature;
c. Animal bites to other animals;
2
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
2. Patrolling on a regular and consistent basis;
3. Picking up dogs that are running at-large;
4. Picking up cats captured in cat traps;
5. Non-emergency animal pick up from residential homes during normal
operating hours;
6. 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;
7. Disposing of any animals that are euthanized or that expire while in the
care, custody, or control of the Contractor, in accordance with all
applicable laws, regulations and ordinances.
8. Investigating all reports of violation of local and state ordinances and
regulations relating to animal control and, when warranted by the facts,
issue citations and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County
in court proceedings when required. Further, upon termination of this
agreement, the Contractor shall complete all cases originated by
Contractor including representing the County in court if necessary.
9. Complying with all applicable County ordinances and regulations as well
as the laws of the State of Florida.
III. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning
A pi"\ I ~r19q8 and ending at 12:00 midnight on ma.....d'l 31. /qqq
The term of this agreement shall be renewable in accordance with Section IV.'
IV. RENEWAL:
The County shall have the option to renew this agreement after the first year, for two (2)
additional one year periods. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI)
for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be
3
based upon the annual average CPI computation from January 1 through December 31
of the previous year.
V.
ASSIGNMENT:
"
The Contractor shall not assign nor subcontract its duties under this agreement without
the prior written approval of the County.
VI. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor
with written notice of termination at least sixty (60) days prior to the date of termination.
VII. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the
occurrence of anyone of the following events and same. is not corrected to the
satisfaction of the County within fifteen (15) days after the County provides the
Contractor with written notice of said default:
a. Failure to provide food or wa,ter for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in
the custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelter in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
VI~1. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelter. All
utility accounts, except for telephone service, will be transferred to the Contractor's
name. The telephone system will remain in the County's name, and the County will
provide the Contractor with a monthly invoice regarding Contractor's use of same. The
Contractor shall complete a phone log form to verify all long-distance calls and shall
return said form along with its check, made payable to the Board of County
Commissioners, to reimburse the County for telephone service. The phone log form
and payment shall be sent to the attention of the Division of Public Works no later than
the 151fi day of each month. (The County Phone Log form is attached hereto as Exhibit
"S").
IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $181,440 per annum. The County shall pay the
Contractor on a per month in arrears basis in an amount equal to 1/12 of the total cost
4
of the contract, or $15,120 per month. The Contractor shall provide a monthly invoice to
the Division of Public Works, and payment shall be made on or before the 15th day of
the following month.
X. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be obtained or continued at a
level sufficient to allow for the purchase of the services contemplated, then the contract
may be terminated immediately at the option of the County upon written notice of
termination being delivered in person or by mail to the Contractor. The County will not
be obligated to pay for any services provided by the Contractor after the Contractor has
received written notice of immediate termination.
XI. VEHICLES:
The County hereby leases to the Contractor the two (2) County vehicles currently
assigned to the Shelter identified as a 1993 Ford F150 Pick Up Truck (Unit No. 0910-
053) and a 1994 Ford F150 Pick Up Truck (Unit No. 0910-056). The Contractor shall be
responsible for payment of all fuel, oil, and other supplies necessary to operate said
vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and
shall maintain them in accordance with the maintenance schedule attached hereto as
Exhibit "C." The Contractor shall provide receipts to the Director of Public Works or his
designee to document and verify that the required maintenance has been performed.
The County shall have the right to inspect the vehicles at any reasonable time.'
XII. INSURANCE REQUIREMENTS:
The Contractor will provide insurance coverage as described in the Risk Management
Policy and Procedures Contract Administration Manual attached hereto and marked
Exhibit "0."
XIII. FEES:
The Contractor shall collect and remit to the County all funds that are collected for fees,
license certificates, adoption, etc. In this regard, the Contractor shall issue receipts and
keep appropriate records of all funds received and shall provide the Director of Public
Works or his designee with a monthly report of same along with copies of all license
certificates and vaccination certificates issued. In addition, the Contractor shall collect
and remit to the County all funds collected for penalties as required by the County Code
and shall provide the Director of Public Works or his designee with a monthly report
thereof. The Contractor shall only charge fees as outlined in Monroe County Resolution
No. 209A-1995, as same may be amended from time to time; said Resolution is
attached hereto as Exhibit "E." The Contractor shall not charge any other fees for
services at the Shelter unless authorized by the County to do so.
5
XIV. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations
received by Contractor, and said donations ~hall only be used to operate the Shelter.
XV. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition,
and the Contractor shall allow the County to inspect said facilities and equipment at any
reasonable time. In addition, all operating supplies and any additional equipment such
as catch-all sticks, cages and the like shall be the responsibility of the Contractor.
XVI. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform
an inventory of all supplies, materials, medicines and equipment at the Shelter and the
inventory list prepared therefrom shall be signed by both parties hereto.
XVII. MAINTENANCE:
The Contractor shall maintain and be responsible for the cost of repairs to the Shelter
building, grounds and equipment in order to keep same in proper working condition.
Repairs costing over $1,000 shall be paid by the County.
XVIII. IMPROVEMENTS OR MODIFCATIONS TO FACILITY:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding property without the prior written approval of the County.
,
XIX. HOURS OF OPERATIONS:
The Shelter shall be open to the public at a minimum of Monday through Saturday
utilizing the same hours of operation as the Key West and Marathon Shelters; however,
nothing herein shall preclude the contractor from extending its hours of operation.
XX. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly
considered to be independent contractors in their performance of the work
contemplated hereunder. As such, the Contractor, its agents and employees shall not
be entitled to any of the benefits, rights or privileges of County employees.
XXI. COUNTY LOGO:
Prior to commencement of services, the County will remove any reference to Monroe
County or Public Works from the County vehicles to be leased hereunder, and
6
Contractor shall remove all reference to Monroe County and Public Works from the
County uniforms if same are utilized by said Contractor.
XXII. NON-DISCRIMINATION:
The Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, or any other
characteristic or aspect which is not job related when recruiting, hiring, promoting,
terminating or any other area affecting employment under this agreement. At all times,
the Contractor shall comply with all applicable laws and regulations with regard to
employing the most qualified person(s) for positions under this agreement. Additionally,
the Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, financial status
or any other characteristic or aspect in regard to providing services hereunder.
XXIII. INSPECTION OF BOOKS AND FACILITIES/AUDIT:
The Contractor shall allow the County to inspect its books and records at any
reasonable time. In addition, the Contractor shall, at its expense, provide the County
with an annual audit that conforms to generally accepted accounting principles.
XXIV. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be
given, bartered or sold to any medical research company.
XXV. PUBLIC ENTITY CRIME STATEMENT:
A ,person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide goods or
services to a public entity, may not submit a bid on a contract with a public entity for
construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may.,
not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list. (CATEGORY TWO: $15,000.00).
XXVI. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-
delivered or mailed, postage prepaid, by certified mail, return receipt requested, to the
other party as follows:
FOR COUNTY:
Dent Pierce, Director
FOR CONTRACTOR:
Tom Garrettson, President
7
Monroe County Public Works
5100 College Road, Rm. 500
Key West, Florida 33040
Humane Animal Care Coalition, Inc.
283 Saint Thomas Avenue
Key Largo, Florida 33037
XXVII. CONSENT TO JURISDICTION:
This agreement shall be construed by and governed under the laws of the State of
Florida and venue for any action arising under this agreement shall be in Monroe
County, Florida.
XXVIII.
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, Contrc;lctor shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
XXIX. 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
am,eement must be in writing and be executed in the same manner as this agreement.
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.//,' jE;:/;IN'Iy\rrl:"NESS WHEREOF, the parties hereto have set their hands and seals on
t}r~;9a~ ~~st ,written above.
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At(~st: .DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
By3aI~~~_'
~,-
HUMANE ANIMAL CARE COALITION, INC.
By:
~ / ~vvrfl~
President
8