Item C19 C.19
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: C.19
Agenda Item Summary #6889
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
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AGENDA ITEM WORDING: Approval of a five (5) year contract with Humane Animal Care
Coalition for animal control services in the upper keys. The contract amount is $325,000/year and it
is funded from ad valorem revenues.
ITEM BACKGROUND: Staff published a request for proposals in December 2019. There was
only one respondent, Humane Animal Care Coalition (HACC). HACC has provided animal control
services in the upper keys since the 1990s.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved contracts with HACC on 11
MAR 1998, 17 JAN 2001, 17 MAR 2004, and most recently on 18 April 2007. Since that last
contract approval, there have been 11 contract amendments including the most recent one for a CPI
adjustment effective on 1 July 2019 bringing the annual contract amount to $303, 578.36.
CONTRACT/AGREEMENT CHANGES:
New
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED HACC Final Contract Garrettson executed 5/5/20
Risk Approval Insurance Waiver
FINANCIAL IMPACT:
Effective Date: 1 July 2020
Expiration Date: 30 June 2025
Total Dollar Value of Contract: $325,000
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Total Cost to County: $325,000
Current Year Portion: $81,250
Budgeted: Yes
Source of Funds:
CPI: N/A this year
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: N/A
OMB Please add appropriate accounts
REVIEWED BY:
Kevin Wilson Completed 05/05/2020 11:00 AM
Paunece Scull Completed 05/05/2020 4:49 PM
Purchasing Completed 05/05/2020 4:51 PM
Budget and Finance Completed 05/05/2020 5:02 PM
Maria Slavik Completed 05/05/2020 5:05 PM
Kathy Peters Completed 05/05/2020 5:59 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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CONTRACT
(Operation of Upper Keys Animal Control Shelter and Upper Keys Animal Control)
THIS CONTRACT, entered this day of 2020, by and between the
Board of County Commissioners of Monroe County, Florida(hereafter"County" or"Board"),
and Human Animal Care Coalition, Inc. (hereafter"Contractor").
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WHEREAS, County has certain responsibilities under State and County laws to provide animal 6
control services and enforcement of laws related to animals; and
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WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to E
the County that a contract be entered into with a private provider of such services;
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein, the
parties agree as follows:
L TERM OF AGREEMENT:
This agreement shall be effective on July 1, 2020, and end at 12:00 midnight on June 30, 2025. °
The term of this agreement shall be renewable in accordance with Section V.
IL AMOUNT OF AGREEMENT/AVAILABIL,ITY OF FUNDS.
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The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor a sum not to exceed
THREE HUNDRED TWENTY FIVE THOUSAND and no/100 DOLLARS ($325,000.00)per r-
year on a reimbursement basis.
Reimbursements will be made not more frequently than monthly. All expenses allowable under
this contract will be reimbursed until the not to exceed maximum for the contract year is reached.
If this contract is terminated on any date other than the annual anniversary date of the contract,the 2
contractor will repay to the County any reimbursements received that exceed the prorated amount 0
based on the percentage of the contract year elapsed as of that termination date. Allowable
expenses will only reimbursed in the contract year in which they were incurred (i.e. expenses
incurred in one contract year will not be"rolled forward" for reimbursement in a subsequent year t-
just because the prior year's maximum reimbursement was already paid). If less than the
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maximum reimbursement was claimed in any contract year, those funds shall revert to the County
(i.e., unused funds at the end of the contract year shall not be "rolled over" into the next contract w
year).
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Monroe County's performance and obligation to pay under this contract is contingent upon an ..
annual appropriation by the BOCC.
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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. s
The Board shall not be obligated to pay for any services or goods provided by the Contractor after
the Contractor has received written notice of termination, unless otherwise required by law.
III. PAYMENT:
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Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70
(F.S.). Payment will be made periodically, but no less than on a monthly basis, on a 0
reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the
Boards' designated representative. The County shall only reimburse, subject to the funded E
amounts below, those reimbursable expenses which are reviewed and approved as complying
with Monroe County Code of Ordinances, State laws and regulations and Attachment A -
Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the
form of a letter, with attached spreadsheet 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. If a reimbursement request is less T)
than the per month reimbursement amount of$27,083.33 (monthly amount), the unused balance
will be rolled over and available for future month's reimbursement request within the annual
contract period, but unused funds will not be rolled over to the next contract year. LO
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The Contractor may seek a request for reimbursement for annual payment on invoices that cover
future periods, receipt of goods or services (e.g. insurance premiums, monitoring of alarm
systems etc.), but the Contractor must provide a sworn affidavit attesting that any refunds/credits
of monies shall be repaid to the County together with interest calculated pursuant to Sec. 55.03, r-
Fla. Stat., running from the date the monies were paid to Contractor. y
After the Board and the Clerk of the Board examine and approve the request for reimbursement,
the Board shall reimburse the Contractor. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this 2
agreement. 0
The Contractor must provide to the County the documentation listed in items (a) through (h) at
execution of the contract and when it changes or is replaced by an updated copy or upon request U-
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by the County. Payments are subject to this information being provided:
(a) IRS Letter of Determination indicating 501(c)(3) status and GUIDESTAR printout
indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture, as required by Florida
Statute 496.405, and the Florida Department of State, as require by Florida Statute Un
617.01201, or proof of exemption from registration as per Florida Statute 496.406.
(c) List of the Organization's Board of Directors; for each board member please indicate when E
elected to serve and the length of term of service;
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(d) Evidence of annual election of Officers and Directors;
(e) IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate By-Laws, which must include the organization's mission, board s
and membership composition, and process for election of officers;
(g) 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;
(h) Unqualified audited financial statements from the most recent fiscal year for all; if U
qualified, include a statement of deficiencies with corrective actions recommended/taken; 6
audit shall be prepared by an independent certified public accountant(CPA)with a current
license, in good standing with the Florida State Board of Accountancy. The CPA that
prepares the audit must also be a member of the American Institute of Certified Public E
Accountants (AICPA). The CPA must maintain malpractice insurance covering the audit
services provided and the County shall be considered an"intended recipient" of said audit.
Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
IV. SCOPE OF SERVICES: :
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A. The Contractor shall provide all staffing, equipment, and supplies necessary to provide
complete animal control and enforcement services from Mile Marker 70 to Mile W
Marker MM 112 including Ocean Reef and the Village of Islamorada, on aCD
twenty-four hour, seven days per week basis, and to operate the Upper Keys Animal LO
Shelter located at 105951 Overseas Highway, Key Largo, Florida 33037, (hereinafter
"Shelter" or"service area").
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1. STAFF: The Contractor will fully staff, operate, and perform all current
functions of the Shelter, as further identified in the training manual to be y
prepared by Contractor; said training manual will be reviewed and
approved by the County Administrator or his designee prior to
implementation. The Contractor shall provide a list of employees by
name and title, including but not limited to, shelter manager(s) and
animal control officer(s). Since this contract is a service agreement,
staffing is of paramount importance. Contractor shall provide services
using the following standards, as a minimum requirement:
a. The Contractor shall provide all necessary personnel to provide the U_
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services under this contract. The personnel shall not be employees of
or have any contractual relationship with the County. s
b. All personnel engaged in performing services under this contract shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
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2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe
County Health Department and follow all local and state laws,regulations, and procedures E
including but not limited to 64D-3.028,Florida Administrative Code (F.A.C.)-Procedures
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for Control of Specific Communicable Diseases and 641316-29, F.A.C. - Animal Control _
Shelter Permits.
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3. CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that are
brought to the Shelter or which become the responsibility of the Shelter. All
animals in the custody of the Contractor shall have a constant supply of U
fresh water and be fed a diet appropriate for their species, breed, age, and 6
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 E
the Shelter's fenced area(s)unless it is in an appropriate cat or raccoon trap.
(b) The Contractor shall provide appropriate care for sick and injured animals
in its custody and shall obtain the services of a veterinarian who is licensed
by and in good standing with the Board of Veterinary Medical Examiners
for the State of Florida, for consultations and/or professional services.
(c) The Contractor shall provide the personnel and materials necessary to .2
humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelter. The primary drug to be utilized for 9
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euthanasia shall be sodium pentobarbital, and the Contractor shall N
administer euthanasia to those animals designated for destruction in a LO
humane manner and consistent with state and county laws and regulations.
The Contractor's personnel who perform euthanasia will have appropriate
certificates attesting to the employee's authority to perform euthanasia, and
copies of the certificates will be forwarded to the County Administrator or r-
his designee. N
(d) The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program in
place for flea and tick control. The Contractor shall provide FIV and Feline 2
leukemia testing for all cats retained in the facility for adoption. 0
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4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter
including kennel areas,cages and euthanasia room,and all equipment in a clean,
safe, and sanitary manner.
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5. ADOPTIONS:
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(a) The Contractor shall ensure that rabies inoculations will be given to all
adopted and redeemed animals as required by law. Un
(b) The Contractor will provide an adoption service through the Shelter for the
purpose of securing suitable homes for adoptable animals. The Contractor
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shall follow appropriate criteria to insure that each companion animal is
given a suitable home through basic screening procedures that evaluate both
the animal to be released and the potential adopter in an effort to assure that s
the animals adopted are being placed in long-term homes. The screening
procedures shall be reviewed periodically by the County Administrator or
his designee as to form and practicality. All adoptable animals will be
available for inspection by the public during normal working hours. The
Contractor shall utilize the Adoption Agreement attached hereto as Exhibit U
"Gl" unless modified by written and signed directive from the County 6
Administrator or his designee.
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(c) The Contractor shall enforce the provisions of the contract, including, but E
not limited to,taking any action necessary to ensure that an adopted animal
is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats, and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit`B." The Contractor will .2
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 W
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County. The license certificates and corresponding tags are numbered and N
tracked, and Contractor is responsible for returning copies of each numbered LO
certificate that is either issued or voided (including tag for all voids) to the
County Administrator or his designee on a bi-weekly basis.
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7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a °'
Policies and Procedures Manual for guidance of all staff. At a minimum, it
shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of
animals. 0
3. Protocols for responding to calls for animal control services, whether in
the nature of law enforcement,pick-up of deceased animals, or other.
4. Protocols for daily maintenance of premises and equipment, including
vehicles.
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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
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d) Animal Behavior
e) Animal Handling
f) Breed Identification & Characteristics s
g) Obedience Training
h) Behavior Problem Solving
i) Counseling Methods
j) Conflict Management(required of all law enforcement personnel)
k) Grief Counseling U
1) Telephone Manners and Customer Service Skills 6
*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 E
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. .2
b. Prospective adopter's commitment to be responsible for providing
care, safe environment, and veterinary bills for life of the animal.
c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful LO
placement.
8. HOURS OF OPERATIONS: At a minimum: the Upper Keys Animal Shelter
shall be open to the public from 9:00 a.m. to 6:00 p.m., Eastern Time, Monday through r_
Friday, and 9:00 a.m. to 5 p.m. on Saturday. N
Hours of operation may be adjusted only upon mutual written consent of the County and
the Contractor in the form of a contract amendment approved by both parties.
B. ENFORCEMENT SERVICES: The Contractor will provide complete animal 0
control and enforcement services within the Service Area described above, including, but
not limited to:
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1. Training of Animal Control Officers: The Contractor shall provide that all animal
control officers complete the mandatory certification program outlined by Fla.Stat. 828.27 s
(40 hours of training curriculum approved by the Florida Animal Control Association); w
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said training shall be completed on a timely basis after a 90-day probationary period. The
Contractor is to provide the County Administrator, or his designee, with copies of the
Animal Control Officer Training Program Certificates. Un
2. Emergency services (24-hours per day/7-days a week)for Priority One calls which
are:
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a. Injured animal;
b. Bite cases;person bit by any warm-blooded creature; s
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests. U
3. Patrolling service area on a regular and consistent basis. At a minimum, Contractor
shall patrol service area once per week with additional emphasis on areas inhabited by
endangered species. E
4. Picking up dogs that are running at-large.
5. Picking up cats or raccoons captured in cat or raccoon traps. Contractor shall notify
the public of the availability of cat and raccoon traps.
6. Non-emergency animal pick up from residential homes during normal operating
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7. Picking up deceased animals along County or City rights-of-way and arrange for
proper disposal in accordance with all applicable laws,regulations, and ordinances.
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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 0
relating to animal control and, when warranted by the facts, contact law
enforcement and/or Monroe County State Attorney's office to consult on
Contractor's investigation, issue citations (Resolution No. 290-2010 and animal
control citation form attached hereto in Exhibit"G3"),and/or prosecute all persons 2
charged with violation of said ordinances and regulations, which includes 0
representing Monroe County in court proceedings when required. Further, upon
termination of this agreement,the Contractor shall complete all cases originated by
Contractor includingrepresenting the Count in court if necessary. U_
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10. Complying with all applicable County ordinances and regulations as well as the
laws of the State of Florida. w
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C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, such as license certificates, citations, penalties, adoptions, etc. required Un
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 E
599-2006, as same may be amended from time to time; said Resolutions are attached hereto
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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
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numbered receipts and keep appropriate records of all funds received and shall provide to
the County Administrator or his designee on a bi-weekly basis copies of daily cash
reconciliation forms, daily bank deposit information and original license certificates that
are issued or voided. All funds must be deposited into specific Monroe County bank
accounts, and all requests for waiver of any fines or fees owed to the County must be
submitted in writing on the County-approved affidavit form to the County Administrator U
or his designee, said affidavit form is attached hereto and marked Exhibit "G2." The 6
Contractor shall only charge fees as outlined in Monroe County Resolution No. 240-2006,
as amended by Resolution Nos. 386-2006 and 599-2006, as same may be amended from
time to time;said Resolutions are attached hereto and marked Exhibit`B." The Contractor E
shall not charge any fees for services at the Shelter unless approved in writing by the
Contractor and the Board of County Commissioners in the form of a contract amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the County pursuant to Sec. 4-39, Monroe County Code, the animal control
contractors may charge animal owner(s) or potential adopter(s) for services, including
sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the r_
County, and any other services provided to the public which are not required by the County .2
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.
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D. REPORTS. On a bi-weekly basis, Contractor shall provide the County Administrator or LO
his designee with copies of all bite reports and citations that are issued. On a monthly basis,
Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4," as
same may be amended from time to time.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other N
natural disaster, the Contractor shall make its best efforts to properly house and care for all
animals. In this regard, the Contractor shall designate sufficient staff who will be able to
remain in the County to care during the disaster for the animals that have not been evacuated
and after the disaster for animals not evacuated and any animals that are at large. The 2
Contractor will supply those employees' names, addresses, and telephone numbers to the 0
County Administrator who may, at his discretion, require the Contractor to have the listed
employees remain in the County during and after a Category 1, 2, or 3 Hurricane or natural
disaster. "'
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F. PETS IN SHELTERS: Contractor if possible provide the services designated for the
Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan w
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to provide evacuation of pets of Special Needs Clients and assistance with care of said pets.
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G. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon ..
the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or program E
contemplated hereunder, and the County and the Contractor agree that neither the County nor
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the Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in the Agreement.
V. RENEWAL: U
The County shall have the option to renew this agreement after the original term, for one (1)
additional five-year period. The annual contract amount agreed to herein shall be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI)for all urban E
consumers (CPI-U)for the most recent twelve (12)months ending in December of each year. The
annual contract amount will be adjusted on October 1st of each year based on the change in the
CPI (all goods, all US consumers, not seasonally adjusted) as of the preceding December. The
first such adjustment will be applied on October 1, 2021, and annually thereafter.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain, and pay all applicable fees for any permits and licenses °
necessary to operate the Shelter; a list of the currently required permits is attached hereto and
marked Exhibit "A." It is the Contractor's responsibility to maintain all permits and licenses,
even those not listed in Exhibit "A" that may be required.
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By signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The Contractor has, and shall maintain throughout the term of this contract, appropriate r_
licenses and approvals required to conduct its business, and that it will at all times conduct its 0
business activities in a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered 0
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 U_
judgment and shall assume professional responsibility for the services to be provided.
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VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement: Un
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A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County. s
B. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required,to be authorized or permitted under State and local law to perform such
services.
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IX. UTILITIES:
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The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility
accounts will be held in the Contractor's name. E
X. VEHICLES:
No County vehicles are provided. The contractor is responsible for providing and maintaining
vehicles to provide the contracted service. The County acknowledges the need for up to two (2)
vehicles. At the inception of this contract, the current vehicles are 2013 and 2019 models. The
County agrees to provide funds to purchase replacements no earlier than when they reach five (5)
years of service.
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The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate its vehicle(s).
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If County funds are used to acquire any vehicles, then upon termination or expiration of the
contract those vehicles will become the property of Monroe County,unless otherwise agreed to by
the County.
XI. HOLD HARMLESS/INSURANCE REQUIREMENTS: N
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County
Board of County Commissioners, and its elected and appointed officers, officials, agents, servants,
and employees from any and all claims, demands, or causes of action for bodily injury (including 2
death),personal injury, and property damage (including property owned by Monroe County) and 0
any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
Subcontractors in an tier, occasioned b the negligence, recklessness intentional wrongful `-
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misconduct, errors, or other wrongful act of omission of the Contractor or its Subcontractors in
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any tier, their employees, or agents.
In the event the completion of the project(to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay. Un
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement. s
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, WCl, Veterinarian Professional Liability 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.
General Insurance Requirements
As a pre-requisite of the activities governed by this contract(including the pre-staging of personnel
and material),the Contractor shall obtain,at their own expense,the types and amounts of insurance
specified herein, which are made part of this contract.
The Contractor will not be permitted to commence any activities governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
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insurance has been furnished to the County as specified herein.
The Contractor shall maintain the required insurance throughout the entire term of this contract.
Failure to comply with this provision may result in the immediate suspension of all activities until LO
the required insurance has been reinstated or replaced.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's insurance policies.
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The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance 2
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or
• A certified copy of the actual insurance policy. t_
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The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. w
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All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given Un
to the County by the insurer.
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The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
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C.19.a
The Contractor from any liability or obligation assumed under the contract or imposed by law.
is
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation and Professional
Liability coverages.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for Waiver of Insurance Requirements" and approved U
By Monroe County Risk Management. 6
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U
XII. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all
donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of County. .2
T
Said donations and grants shall be used by Contractor only for the benefit of 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 LO
donor wanted the donation to be used for any mission purpose,whether in or out of the County, or
the fundraising advertisements/fliers and other material make it clear that the funds are to be used
outside of the County. In the case of donations solicited by third parties on behalf of the
Contractor, the donating entity must make its financial records pertaining to the donated funds r_
available to representatives of the Contractor and the County during regular business hours 0
(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 aprospective donating entity is unwilling
or unable to comply with the foregoing requirement, then the Contractor may not accept any
donations from that entity. 0
c,
XIII. FACILITIES AND EQUIPMENT:
i_
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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. s
In addition, all operating supplies and any additional equipment such as catch-all sticks, cages, and w
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the like shall be the responsibility of the Contractor.
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The Contractor shall be responsible for making any repairs or maintenance to the real property, ..
including buildings, under $1,000.00. For any repairs or maintenance to the real property,
including buildings,which would cost over$1,000.00,the Contractor shall contact Monroe County E
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C.19.a
Public Works. The County will evaluate the maintenance and/or repairs requested by the _
Contractor, and if deemed necessary,will facilitate the maintenance and/or repairs over$1,000.00.
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A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more.
Prior to purchasing a capital asset with County funds,the Contractor shall notify and seek approval
in writing from the County Administrator or his designee. The Contractor will be required to obtain
price quotes for items above $10,000.00 in accordance with the County's Purchasing Policy. The
Contractor may be required, if directed by the County Administrator or his designee, to obtain for U
price quotes for items costing less than $10,000.00. 6
0
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 E
the County. The Contractor shall maintain a list of all capital assets even those purchased without
County funds, noting whether acquired with County funds or other funding sources and the
Contractor shall provide said list to the County Administrator or his designee, as amended, when
additional capital assets are acquired. Property acquired with County funds will be inventoried
pursuant to Chapter 274, Florida Statutes.
All fixtures, equipment, signs and tangible personal property provided by the Contractor used on
the premises by Contractor shall at all times be and remain the property of the Contractor. .2
Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal
property or any part thereof, from the premises during the term of this contract, at the expiration W
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thereof or within a reasonable time thereafter;provided,however that Contractor, in doing so does N
not cause irreparable damage to the premises, and further provided that Contractor shall pay or LO
reimburse County for the reasonable expenses of repairing damage caused by such removal. Any
damage claims by the Count must be provided, in writing, to the Contractor within fifteen (15)
days of termination of the contract.
XIV. INVENTORY: N
Prior to commencement of the service contemplated herein, the County shall perform an
inventory of all supplies, materials, medicines and equipment at the Shelter and the inventory
lists prepared therefrom shall be signed by both parties hereto. 2
0
XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the County L-
and the district for which he shall provide services and has made investigations to fully satisfy
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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 w
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specifications. All specifications have been read and carefully considered by the Contractor, who
understands the same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Contract be more strongly construed against the Un
Owner than against the Contractor.
E
XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
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C.19.a
The Contractor shall be responsible for the shelter premises. The Contractor shall
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a) Maintain the Shelter, including kennel areas, cages, and euthanasia room(s) and all equipment
in a clean, safe, and sanitary manner.
b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and
equipment in order to keep same in proper working condition. The Contractor shall be responsible U
for making any repairs or maintenance to the real property, including buildings, which cost 6
$1,000.00, or less. For any repairs or maintenance to the real property, including buildings,which
cost over $1,000.00, the Contractor shall contact Monroe County Public Works. The County will
evaluate the maintenance and/or repairs requested by the Contractor, and if deemed necessary,will E
facilitate the maintenance and/or repairs over $1,000.00. If such repairs are approved by the
County Administrator or his designee, the Contractor shall only pay the first One Thousand and
00/100 ($1,000.00) from its Annual Contract Payment Amount, as set forth in Section 11 above,
the cost regardless of the total cost of said repairs. The Contractor will accept the facilities and
equipment in"as is" condition. All operating supplies and any additional equipment such as catch-
all sticks, cages and the like shall be the responsibility of the Contractor.
c) Contractor shall have the right during the term of the contract to construct, re-construct, re-
model,paint, decorate,and re-decorate the Shelter;provided however,that all such improvements
to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits,
and prior written approval from the County Administrator or his designee is obtained; written
approval by the County Administrator or his designee shall not be unreasonably withheld. All LO
improvements remaining at the Shelter at the expiration or upon the termination of the contract
shall become the property of the County. If at the expiration or termination of the contract the
Contractor wishes to leave the improvements or personal property at the Shelter, Contractor shall
obtain written approval from the County. The County has the sole right to reject the leaving of r-
such personal property and improvements and require the Contractor to remove them from the 0
Shelter. If Contractor fails to remove personal property or improvements that a)Contractor leaves
on site and b) the County requests removal, the County shall have the sole right to remove
Contractor's personal property and improvements from the Shelter. Contractor shall be
responsible to reimburse the County for all costs and expenses associated with the removal and
disposal of Contractor's personal property and improvements. 0
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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 U-
writing by the County.
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XVII. FUNDRAISING: LU
CL
The Contractor may not use the Shelter facilities for fundraising events or for selling merchandise
or services unless requested in writing and approved in writing by the County Administrator and Un
unless the funds raised, less related costs, are used for the benefit of the animal in Monroe County.
Requests for events shall be requested by the Contractor in writing and approved by the County E
Administrator in writing, but may be made for more than one event or sales program at a time.
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C.19.a
In general, the only financial transactions to be conducted at the shelter shall be for collection of
Monroe County fines as listed in Monroe County Code Section 4-39, 4-45, 4-46 and 4-66, and the s
fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from
time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4-39 of the
Monroe County Code.
Contractor shall account separately for all donations and funds received: U
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 E
the funds may be used out of Monroe County.
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 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 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 .2
County.
XVIII. NON-DISCRIMINATION:
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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 y
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 2
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits 0
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42
USC §§ 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 "'
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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 s
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC w
§§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Un
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14 E
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
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C.19.a
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
c,
the subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS/RIGHT TO AUDIT 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 0
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 E
monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope of
Services, which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available); and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of W
Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may in LO
County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any contract document(all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees, witnessing the distribution 0
of payroll,verifying payroll computations, overhead computations, observing vendor and supplier ,
payments, miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers, and contractors
representatives. All records shall be kept for ten (10)years after Final Completion of the Scope of
Services. The County Clerk possesses the independent authority to conduct an audit of Records,
assets, and activities relating to this Scope of Services. If any auditor employed by the Monroe
County or County Clerk determines that monies paid to 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 Section 55.03, F.S., running form the date the monies
were paid to Contractor. The right to audit provisions survives the termination of expiration of this s
Agreement. In addition, the Contractor shall, at its expense, provide the County with an annual w
audit prepared by an independent Certified Public Accountant; said audit shall conform to CL
generally accepted auditing standards and shall be submitted to the County within one hundred
eighty (180) days following the close of the Contractor's fiscal year. v)
The Contractor shall also allow the County to inspect the shelter property, facility, or vehicles at
any reasonable time.
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C.19.a
XX. PUBLIC RECORDS:
is
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to
the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor
in conjunction with this contract and related to contract performance. The County shall have the U
right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure 6
of the Contractor to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs E
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract,the Contractor o
N
is required to:
0)
(1) Keep and maintain public records that would be required by the County to perform
the service. N
(2) Upon receipt from the County's custodian of records, provide the County with a n
copy of the requested records or allow the records to be inspected or copied within a 2
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public 0
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
C7
does not transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records
in possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public "-
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records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the s
contract,the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information U)
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be E
made directly to the County, but if the County does not possess the requested records, the
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C.19.a
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time. s
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes. 0
The Contractor shall not transfer custody,release, alter, destroy or otherwise dispose of any public E
records unless or otherwise provided in this provision or as otherwise provided by law. y
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
PUBLICRECORDS(a,MONROECOUNTY-FL.GOV,MONROE COUNTY ATTORNEY'S T)
OFFICE 1111 12Tu Street, SUITE 408, KEY WEST, FL 33040.
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XXI. MEDICAL RESEARCH: LO
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.
0
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned
to the renter upon return of the trap or, if the trap is not returned to Contractor,the deposit fee will
be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, c
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the Contractor will return the same number of cat/raccoon traps to the County as the County had
provided at the beginning of this agreement. Nothing herein shall preclude Contractor from ii
purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the
availability of cat and raccoon traps.
LU
XXIII. BREACH OF TERMS BY CONTRACTOR: CL
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by U)
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 E
Agreement due to any violations by Contractor of criminal statutes governing humane and cruel
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C.19.a
treatment of animals. Any other Contractor breach of this agreement shall be governed by the _
article below on termination for cause.
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The Contractor agrees that the County Administrator may designate representatives to visit the
facility periodically to inspect Contractor's maintenance of the premises, and care provided to
animals. The Contractor agrees that the County Administrator may designate representatives to
visit the facility periodically to conduct random open file evaluations during the Contractor's
normal business hours. U
XXIV. TERMINATION WITHOUT CAUSE:
U
The Parties may terminate this agreement without cause by providing written notice of termination E
at least ninety(90)days prior to the date of termination in accordance with the Notice Requirement
set forth in Section XXX below.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County .2
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.
40
b. Failure to procure appropriate veterinary care for any sick or injured animal in the N
custody of the Contractor. LO
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.
For Contracts of any amount, if the County determines that the Contractor/Consultant has 0
submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County
shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant
written notice and an opportunity to demonstrate the agency's determination of false certification 2
was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement 0
if the conditions of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant t-
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
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Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been w
engaged in business operations in Cuba or Syria, the County shall have the option of (1)
terminating the Agreement after it has given the Contractor/Consultant written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant Un
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met. E
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C.19.a
XXVI. UNCONTROLLABLE CIRCUMSTANCES _
Anv delay or failure of either Party to perform its obligations under this Agreement will be excused
to the extent that the delav or failure was caused directiv by an event bevond such Partv's control,
without such Partv's fault or neRliRence and that by its nature could not have been foreseen by such
Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts,riot, or other civil unrest in the geographic area of the Project; (d) government order or law
in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the
date of this Agreement; (f) action by anv governmental authoritv prohibiting work in the
ReoRraphic area of the Proiect,(each, a "Uncontrollable Circumstance"). CONTRACTOR'S
financial inabilitv to perform, changes in cost or availabilitv of materials, components, or services, U
market conditions, or supplier actions or contract disputes will not excuse performance by ru
Contractor under this Section. Contractor shall Rive Countv written notice within 7 days of anv
event or circumstance that is reasonablv likelv to result in an Uncontrollable Circumstance, and
the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent
efforts to end the Uncontrollable Circumstance, ensure that the effects of anv Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The Countv will
not pav additional cost as a result of an Uncontrollable Circumstance. The Contractor may only
seek a no cost Change Order for such reasonable time as the Owners Representative may
determine.
0
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XXVL 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 LO
County and Contractor, which approval shall be subject to such conditions and provisions as the a
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
XXVII. COMPLIANCE WITH LAW:
C7
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules, and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of "'
c,
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract. s
XXVIII. DISCLOSURE AND CONFLICT OF INTEREST:
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A. The Contractor represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in Sec. E
112.311, et. seq., Florida Statutes.
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C.19.a
B. Upon execution of this contract, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all contracts with
Monroe County. _
XXIX. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor U
further warrants and represents that it has no obligation or indebtedness that would impair its 6
ability to fulfill the terms of this contract.
U
XXX. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
N
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street 1111 12th Street, Suite 408 C14
Suite 205 P.O. Box 1026 LO
Key West, FL 33040 Key West, FL 33041-1026
X
FOR CONTRACTOR:
Thomas Garrettson N
283 Saint Thomas Avenue
Key Largo, Florida 33037
XXXI.TAXES: 2
0
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 U-
the County's Tax Exemption Number in securing such materials. The Contractor shall be
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responsible for any and all taxes, or payments of withholding, related to services rendered under
this Agreement. w
a.
XXXIL GOVERNING LAWS:
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This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising
under this Agreement must be in the 16th Judicial Circuit in and for Monroe County, Florida. In
the event of any litigation, the prevailing party is entitled to attorney's fees and costs.
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C.19.a
XXXIII. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a public
building or public work, may not submit Proposals on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a U
contract with any public entity, and may not transact business with any public entity in excess of 6
the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list. (CATEGORY
TWO: $35,000.00). E
XXXIV. SEVERABILITY:
If any term, covenant, condition or provision of this contract (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction,the remaining terms, covenants, conditions and provisions of this contract,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the .2
enforcement of the remaining terms, covenants, conditions and provisions of this contract would
prevent the accomplishment of the original intent of this contract. The County and Contractor W
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agree to reform the contract to replace any stricken provision with a valid provision that comes as N
close as possible to the intent of the stricken provision. LO
XXXV. BINDING EFFECT:
X
The terms, covenants, conditions, and provisions of this contract shall bind and inure to the benefit r_
of the County and Contractor and their respective legal representatives, successors, and assigns. 0
XXXVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
County and Contractor agree that all disputes and disagreements shall be attempted to be resolved 2
by meet and confer sessions between representatives of each of the parties. If the issue or issues 0
are still not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this contract or by Florida law. This Agreement is
not subject to arbitration. U_t_
XXXVII. ATTESTATIONS:
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
v)
XXXVIII. NO PERSONAL LIABILITY:
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C.19.a
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any _
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
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member, officer, agent or employee of Monroe County shall be liable personally on this contract
or be subject to any personal liability or accountability by reason of execution of this contract.
XXXIX. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience for reference U
only, and it is agreed that such section headings are not a part of this contract and will not be used 6
in the interpretation of any provision of this contract.
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XL. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate
charter.
(b) He or she is empowered to act and contract for Contractor.
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(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. LO
XLI. ENTIRE AGREEMENT:
X
This agreement constitutes the entire agreement between the County and the Contractor for the r-
services contemplated herein. Any amendments or revisions to this agreement must be in writing
and be executed in the same manner as this agreement.
XLII. SURVIVAL OF PROVISIONS:
Any terms or conditions of either this Agreement that require acts beyond the date of the term of 0
this 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. ca
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in two (2) counterparts, each of which shall, without proof or accounting w
for the other counterparts, be deemed an original contract.
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(SEAL)
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA E
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C.19.a
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(SEAL) CONTRACTOR
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WITNESS f
Title: Title:
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OE COUNTY ATTORNEY >
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ASSISTANT COUNTY ATTORNEY LO
5/5/2020
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MONROE COUNTY,]FLORIDA
Request for Waiver
of
Insurance Requirements
It is requested that the insurance requirements,as specified in the Counter Schedule of Insurance Rcquirenictits,
be warred or modified can the following con tram
Contractor.
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Contract for. ",x, Y !
Address of Cott �wt l r' � £°� �� � •_ �a
Phone-
Scope of Wo& - U
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Reason for Waive vc'r s !_
Policies Waiver E 4 G
will apply to- -
>
- a-
Signature of Contractor:
Approved X Not Approved
Risk Management
Date 05-05-2020
County Administrator appeal- Approved Not Approved:
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Date: -
Board of County Commissioners appeal. Approved Not Approved.
Meeting Date: -
71
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