Item Q7 Q.7
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: Q.7
Agenda Item Summary #7036
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289-6051
N/A
AGENDA ITEM WORDING: Approval of third amendment to the contract with Florida Keys
Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for operation of the Marathon Animal
Shelter reflecting a five year renewal and a CPI increase of 2.3% effective July 1, 2020. The
agreement amount will increase to $452,871.63/yr.
ITEM BACKGROUND: The Contract provides for a five year renewal term and an annual
adjustment based on the consumer price index (CPI). In December 2019, the Contractor requested an
annual CPI-U adjustment. The percentage change in the Consumer Price Index(CPI) for all urban consumers
(CPI-U) for the most recent twelve (12) months as of December 31, 2019 is 2.3%. Effective July 1, 2020, the
agreement amount will increase to $452,871.63/yr.
PREVIOUS RELEVANT BOCC ACTION:
November 14, 2017 BOCC approved the original Contract with the Contractor to operate the
Marathon Animal Shelter and to provide complete animal control and
enforcement services from Mile Marker 16.7 (the Harris Channel Bridge) to
Mile Marker 70, including the cities of Marathon, Key, Colony Beach, and
Layton. This contract stipulates that the contract may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for
all urban consumers (CPI-U) for the most recent twelve (12) months ending
in December of each year.
May 16, 2018 BOCC approved the first amendment of the contract including a CPI
adjustment of 2.1% effective May 1, 2019.
May 22, 2019 BOCC approved a second amendment to the contract of 1.9% effective
November 15th 2019
CONTRACT/AGREEMENT CHANGES:
Renewal & CPI-U increase 2.3%
STAFF RECOMMENDATION: Approval
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Q.7
DOCUMENTATION:
3rd Amendment Signed with Legal Stamp
2017-11-14 FKSPCA Marathon CONTRACT
2018-05-16 1 st Amendment M FKSPCA
2019-05-22 2nd Amendment
FINANCIAL IMPACT:
Effective Date: 07-01-2020
Expiration Date: 06-30-2025
Total Dollar Value of Contract: $452,871.63/yr or$37,739.30/mo
Total Cost to County: Same
Current Year Portion: $150,957.21
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: Yes —2.3%
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NO If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: N/A
N/A
REVIEWED BY:
Kevin Wilson Completed 06/09/2020 6:28 PM
Paunece Scull Completed 06/10/2020 8:53 AM
Purchasing Completed 06/10/2020 9:00 AM
Budget and Finance Completed 06/10/2020 9:01 AM
Maria Slavik Completed 06/10/2020 9:06 AM
Kathy Peters Completed 06/10/2020 9:07 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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Q.7.a
THIRD AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter)
THIS THIRD AMENDMENT TO CONTRACT is entered into this 17th day of
June, 2020, between Monroe County Board of County Commissioners (County) and Florida Keys
Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation
(FKSPCA/Contractor), in order to amend the Agreement dated November 14, 2017, and as
amended on May 16, 2018 and May 22, 2019, as follows;
WHEREAS, as a result of the competitive solicitation issued by the County, the FKSPCA CL
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and County entered into an agreement dated November 14, 2017 whereby the FKSPCA will 06
operate the Marathon Animal Shelter and provide animal control services from Mile Marker 16.7
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to Mile Marker 70 (Agreement). The term of the Agreement is November 15, 2017 to June 30,
2020; and
WHEREAS, the terms of the Agreement provide that the contract amount may be
adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI-U) for the most recent 12 months available ending in December of each year; and
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WHEREAS, the Agreement was amended by a First Amendment dated May 16, 2018
to adjust the contract amount by 2.1%, which increased the contract to $434,435.50 per annum CL
or $36,202.96 per month; and
WHEREAS, the Agreement was amended by a Second Amendment dated May 22,
2019 to adjust the contract amount by 1.9%, which increased the contract to $442,689.77 per
annum or $36,890.81 per month; and v)
WHEREAS,The contract provides for one five year renewal which the County and FKSPCA
wish to exercise, and
WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the
Agreement; and —
WHEREAS, the second Amendment corrected a "scrivener's error" which made E
the effective date of the CPI adjustments November 15'h consistent with the contract anniversary
date, and E
WHEREAS, County and FKSPCA wish the CPI effective dates to coincide with the
contract anniversary dates, and
a�
WHERAS,the new contract anniversary date will be July I't; c,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1. Paragraph 1, TERM, will be amended to read as follows:
This agreement shall be effective on November 15, 2017, and end at 12:00 midnight on June 30,
2025, as permitted in accordance with Section V.
2. Paragraph V, RENEWAL will be amended to read as follows:
The County shall have the option to renew this agreement after the original term, for one
(1) additional five-year period. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the consumer Price Index (CPI) fora packet Pg. 3066
Q.7.a
urban consumers (CPI-U) for the most recent twelve (12) months ending in December of
each year. In order to avoid retroactive CPI adjustments, the Contractor must request in
writing CPI adjustments no later than January 31st of each year for the upcoming contract
period of July 1st. Failure to timely request annual CPI adjustments will result in waiver of
the CPI adjustment for that year.
3. In accordance with Paragraph V, RENEWAL the contract amount is hereby adjusted by
2.3% CPI for all urban consumers (CPI-U)for the most recent 12 months ending on
December 31, 2019. Effective July 1, 2020, the total compensation paid to the Contractor for
its services under this agreement shall be $452,871.63 per annum. _
FL
4. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not U
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inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in two (2) counterparts, each of which shall, without proof or accounting for the other z
counterparts, be deemed an original contract. s
(SEAL)
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS c-
v)
OF MONROE COUNTY, FLOIDA
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) CONTRACTOR:
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY TO
ANIMALS,INC.
Attest:
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By: By: ) m
WITNESS
Title: Title:
By: Tammy Fox, Executive Director FKSPCA m
WITNESS
Title:
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RNEV
3StiC5"f,1,4`I C 4i1.;�"A i'!"I'C'tb#t°iF:1'
06/10/2020
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Q.7.b
C' .,
Kevin Madok, CPA
Clerk of the Circuit Court& ComptrollerMonroe County, Florida
DATE: November 17, 2017
TO: Kevin Wilson, Assistant County Administrator
Public Works & Engineering
a.
U
FROM: Pamela G. Hancock, D.C. 06
SUBJECT: November 14th BOCC Meeting
Enclosed is a duplicate original of Item X2, contract with the FKSPCA(Florida Keys
Society for the prevention of Cruelty to Animals) for operation of the animal control shelter in 0
Marathon and enforcement of animal control codes between MM16.7 and MM70 and
termination of the existing contract assigned from the previous operator, for your handling.
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Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
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cc: County Attorney U
Finance 0
File :E
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 3068
Q.7.b
CONTRACT
(Operation of Marathon Animal Control Shelter and Middle Keys Animal Control)
THIS CONTRACT, entered this 14th day of November, 2017, by and between the Board of
County Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and
FL
Florida Keys Society for the Prevention of Cruelty to Animals, Inc. ("FKSPCA"), a non-profit
organization existing under the laws of the State of Florida, (hereafter "Contractor"). 06
WHEREAS, County has certain responsibilities under State and County laws to provide animal
control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to
the County that a contract be entered into with a private provider of such services; E
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein, the
parties agree as follows:
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I. TERM OF AGREEMENT:
This agreement shall be effective on November 15, 2017, and end at 12:00 midnight on June 30,
2020. The term of this agreement shall be renewable in accordance with Section V.
II. AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS.
0
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Four
Hundred Twenty-five Thousand Five Hundred and 00/100 ($425,500.00) Dollars per year. CL
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
III. PAYMENT:
Payment will be made periodically, on a reimbursement basis, as hereinafter set forth.
Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The
County shall only reimburse, subject to the funded amounts below, those reimbursable expenses
which are reviewed and approved as complying with Monroe County Code of Ordinances, State
laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of
payment by the Contractor shall be in the form of a letter, summarizing the expenses, with
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supporting documentation (e.g. copies of invoices) attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is
included as Attachment B. The Contractor's final invoice must be received within thirty (30)
days after the termination date of this contract as shown in Article I above.
After the Clerk of the Board examines and approves the request for reimbursement, the Board
shall reimburse the Contractor. However, the total of said reimbursement expense payments in _
the aggregate sum shall not exceed the annual total amount shown in Article H of this agreement. CL
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The Contractor must provide to the County the documentation listed in items (a) through (f) on
an annual basis and upon request by the County. Payments are subject to this information being
provided on an annual basis or upon request by the County:
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors; for each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate By-Laws, which must include the organization's mission, board
and membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
The Contractor shall cooperate with County monitoring visits that the County may request Z
during the contract year, and shall provide such other reasonable reports and information
related to compliance with applicable laws, contract provisions and the scope of services
that the County may request during the contract year.
IV. SCOPE OF SERVICES:
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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 16.7
(the Harris Channel Bridge) to Mile Marker 70, including the cities of Marathon, Key
Colony Beach, and Layton, on a twenty-four hour, seven day per week basis, and to
operate the Marathon Animal Shelter located at 10550 Aviation Boulevard,
Marathon, Florida 33050, (hereinafter "Shelter" or "service area").
1. STAFF: The Contractor will fully staff, operate, and perform all
current functions of the Shelter, as further identified in the training
manual to be prepared by Contractor; said training manual will be
reviewed and approved by the County Administrator or his designee
prior to implementation. The Contractor shall provide a list of
employees by name and title, including but not limited to, shelter
manager(s) and animal control officer(s). Since this contract is a
service agreement, staffing is of paramount importance. Contractor
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shall provide services using the following standards, as a minimum
requirement:
a. The Contractor shall provide all necessary personnel to provide the
services under this contract. The personnel shall not be employees of
or have any contractual relationship with the County.
b. All personnel engaged in performing services under this contract shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
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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, including but not limited to F.A.C. 1OD-3.091, Procedures for Control of
Specific Communicable Diseases and Chapter 64B 16-29, Animal Control Shelter
Permits.
3. CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that are
brought to the Shelter or which become the responsibility of the Shelter. 0.
All animals in the custody of the Contractor shall have a constant supply
of fresh water and be fed a diet appropriate for their species, breed, age,
and physical condition. Each shelter facility has a perimeter fence to
confine all animals to the facility grounds and to restrict wildlife from
accessing the property; in this regard, Contractor is not to place food or Z
water outside of the Shelter's fenced area(s) unless it is in an appropriate
cat or raccoon trap.
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(b) The Contractor shall provide appropriate care for sick and injured animals
in its custody and shall obtain the services of a veterinarian who is
licensed by and in good standing with the Board of Veterinary Medical
Examiners for the State of Florida, for consultations and/or professional
services.
(c) The Contractor shall provide the personnel and materials necessary to
humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelter. The primary drug to be utilized
for euthanasia shall be sodium pentobarbital, and the Contractor shall
administer euthanasia to those animals designated for destruction in a
humane manner and consistent with state and county laws and regulations.
The Contractor's personnel who perform euthanasia will have appropriate
certificates attesting to the employee's authority to perform euthanasia,
and copies of the certificates will be forwarded to the County
Administrator or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program in
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place for flea and tick control. Feline leukemia testing, up to $12.50 per
animal or by agreement with the Contractor, will be funded by the County
in order to determine whether the animal is adoptable. If the animal is
adopted, then the person adopting the animal should pay the expense
incurred for the testing, and the Contractor will remit those funds to the
County.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter, CL
including kennel areas, cages and euthanasia room, and all equipment in a 06
clean, safe, and sanitary manner.
5. ADOPTIONS:
(a) The Contractor shall ensure that rabies inoculations will be given to all
adopted and redeemed animals as required by law.
(b) The Contractor will provide an adoption service through the Shelter for
the purpose of securing suitable homes for adoptable animals. The
Contractor shall follow appropriate criteria to insure that each companion CL
animal is given a suitable home through basic screening procedures that
evaluate both the animal to be released and the potential adopter in an
effort to assure that the animals adopted are being placed in long-term
homes. The screening procedures shall be reviewed periodically by the
County Administrator or his designee as to form and practicality. All Z
adoptable animals will be available for inspection by the public during
normal working hours. The Contractor shall utilize the Adoption
Agreement attached hereto as Exhibit "GI" unless modified by written
and signed directive from the County Administrator or his designee.
(c) The Contractor shall enforce the provisions of the contract, including, but
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not limited to, taking any action necessary to ensure that an adopted
animal is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats, and ferrets as required by
the Monroe County Code and collect and remit to ,the County the fees
established by the County Resolutions attached hereto as Exhibit `B." The
Contractor will be responsible for.determining that all requirements have been
satisfied by an applicant prior to issuing a license certificate and shall remit all
fees to the County. The license certificates and corresponding tags are
numbered and tracked, and Contractor is responsible for returning copies of
each numbered certificate that is either issued or voided (including tag for all
voids) to the County Administrator or his designee on a bi-weekly basis.
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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.
3. Protocols for responding to calls for animal control services, whether in
the nature of law enforcement, pick-up of dead animals, or other. 06
4. Protocols for daily maintenance of premises and equipment, including
vehicles.
5. Training Staff
a) Prerequisites for certain positions
b) Keeping staff current
6. Training provided* shall include:
a) Shelter Policies &Procedures (required of all staff, including
volunteers)
b) Basic Pet Care
c) Veterinary Health Care CL
d) Animal Behavior
e) Animal Handling
f) Breed Identification & Characteristics
g) Obedience Training
h) Behavior Problem Solving Z
i) Counseling Methods
j) Conflict Management (required of all law enforcement personnel)
k) Grief Counseling
1) Telephone Manners and Customer Service Skills
*Items a &j must be at least in part provided in a classroom or
seminar type setting, with live or video teaching. All other trainingCL
may be self-study, although some in-person or video training is
highly recommended. Training shall be provided appropriate to
the position filled by the worker, whether that worker is an
employee or a volunteer.
7. Adoption Guidelines, which shall absolutely require sterilization of all `V
animals prior to release to adopter. Other guidelines shall address, at a
minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing
care, safe environment, and veterinary bills for life of the animal.
c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful
placement.
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8. HOURS OF OPERATIONS: At a minimum: the Marathon Animal Shelter
shall be open to the public from 9:30 a.m. to 4:30 p.m., Eastern Time, Tuesday through
Friday, and 10:30 a.m. to 2:00 p.m., Eastern time, on Saturday and Sunday.
Hours of operation may be adjusted only upon mutual written consent of the County and
the Contractor in the form of a contract amendment approved by both parties.
B. ENFORCEMENT SERVICES: The Contractor will provide complete animal
control and enforcement services within the Service Area described above, including, but
not limited to:
1. Training of Animal Control Officers: The Contractor shall provide that all animal
control officers complete the mandatory certification program outlined by Fla. Stat.
Section 828.27 (40 hours of training curriculum approved by the Florida Animal Control
Association); said training shall be completed on a timely basis after a 90-day
probationary period. The Contractor is to provide the County Administrator, or his
designee, with copies of the Animal Control Officer Training Program Certificates.
2. Emergency services (24-hours per day/7-days a week) for Priority One calls CL
which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis; at a minimum,
Contractor shall patrol service area once per week with additional emphasis on areas
inhabited by endangered species.
4. Picking up dogs that are running at-large;
5. Picking up cats or raccoons captured in cat or raccoon traps; Contractor shall
notify the public of the availability of cat and raccoon traps.
6. Non-emergency animal pick up from residential homes during normal operating
hours.
7. Picking up dead animals along County or City rights-of-way and arrange for
proper disposal in accordance with all applicable laws, regulations, and
ordinances.
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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
relating to animal control and, when warranted by the facts, issue citations
(Resolution No. 290-2010 and animal control citation form attached hereto in
Exhibit "G3"), and/or prosecute all persons charged with violation of said CL
ordinances and regulations, which includes representing Monroe County in court 06
proceedings when required. Further, upon termination of this agreement, the
Contractor shall complete all cases originated by Contractor including
representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well as the
laws of the State of Florida.
C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, such as license certificates, citations, penalties, adoptions, etc. required
to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46 and 4-66, and 0.
Monroe County Resolution No. 240-2006, as amended by Resolution Nos. 386-2006 and
599-2006, as same may be amended from time to time; said Resolutions are attached
hereto and marked Exhibit `B." Checks received for these fees shall be made payable to
Monroe County and remitted directly to the County. In this regard, the Contractor shall
issue numbered receipts and keep appropriate records of all funds received and shall Z
provide to the County Administrator or his designee on a bi-weekly basis copies of daily
cash reconciliation forms, daily bank deposit information and original license certificates
that are issued or voided. All funds must be deposited into specific Monroe County bank
accounts, and all requests for waiver of any fines or fees owed to the County must be
submitted in writing on the County-approved affidavit form to the County Administrator
or his designee, said affidavit form is attached hereto and marked Exhibit "G2." The
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Contractor shall only charge fees as outlined in Monroe County Resolution No. 240-
2006, as amended by Resolution Nos. 386-2006 and 599-2006, as same may be amended
from time to time; said Resolutions are attached hereto and marked Exhibit `B." The
Contractor shall not charge any fees for services at the Shelter unless approved in writing
by the Contractor and the Board of County Commissioners in the form of a contract
amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the County pursuant to Sec. 4-39, Monroe County Code, the animal control
contractors may charge animal owner(s) or potential adopter(s) for services, including
sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the
County, and any other services provided to the public which are not required by the
County contract. The Contractor shall charge no more to the public than the average cost
of any of the services provided which are not required under this contract.
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D. REPORTS. On a bi-weekly basis, Contractor shall provide the County Administrator
or his designee with copies of all bite reports and citations that are issued. On a monthly
basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit
"G4," as same may be amended from time to time.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or
other natural disaster, the Contractor shall make its best efforts to properly house and care _
for all animals. In this regard, the Contractor shall designate sufficient staff who will be
able to remain in the County to care during the disaster for the animals which have not been
evacuated and after the disaster for animals not evacuated and any animals which are at
large. The Contractor will supply those employees' names, addresses, and telephone
numbers to the County Administrator who may, at his discretion, require the Contractor to
have the listed employees remain in the County during and after a Category 1, 2, or 3
Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal
Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to
provide evacuation of pets of Special Needs Clients and assistance with care of said pets.
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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 contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the Z
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes
contemplated in the Agreement.
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one (1)
additional five-year period. The contract amount agreed to herein may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI-U) for the most recent twelve (12) months ending in December of each year. In
order to avoid retroactive CPI adjustments, the Contractor must request in writing CPI
adjustments no later than January 31" of each year for the upcoming contract period of May ls`
Failure to timely request annual CPI adjustments will result in waiver of the CPI adjustment for
that year.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain, and pay all applicable fees for any permits and licenses
necessary to operate the Shelter; a list of the currently required permits is attached hereto and
marked Exhibit `YA." It is the Contractor's responsibility to maintain all permits and licenses,
even those not listed in Exhibit"A" that may be required.
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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 licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner.
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VII. INDEPENDENT CONTRACTOR: 06
At all times and for all purposes, the Contractor, its agents and employees are strictly considered
to be independent contractors in their performance of the work contemplated hereunder. As
such, the Contractor, its agents, and employees shall not be entitled to any of the benefits, rights,
or privileges of County employees. The provider shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided.
VIII. STAFFING: CL
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the Z
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
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IX. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility
accounts will be held in the Contractor's name.
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X. VEHICLES:
The County hereby leases to the Contractor one (1) County vehicle currently assigned to the
Shelter identified as follows:
1. 2014 Ford E250 Van (Unit 0910/8033)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate the vehicle. In addition, the Contractor shall be responsible for repairs to said vehicle
and shall maintain it in accordance with the maintenance schedule attached hereto as Exhibit
"E." The Contractor shall provide an average of four (4) oil changes annually for each vehicle,
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and shall schedule vehicle inspections with Monroe County Fleet Management no less than three
(3) times annually for each vehicle. The Contractor may choose the option of paying Fleet
Management for oil changes and preventative maintenance, at Fleet Management's current
annual rates, or utilize private garages and provide receipts to the Director of Fleet Management
or designee to document and verify that the required maintenance.has been performed. Nothing
herein shall prevent the County from inspecting the vehicle at any reasonable time. Contractor is
not permitted to take a County vehicle out of Monroe County unless prior written approval is
received from the County Administrator or his designee. If the Contractor acquires or uses any
other vehicle(s) in performing/providing services under this agreement, the Contractor shall 06
include and list those vehicle(s) under this agreement with the VIN (vehicle identification
number) and the Contractor must adhere to all insurance coverage requirements under this
contract. The County vehicle currently in possession of the Shelter as noted herein will not be
replaced upon expiration of its useful life.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County.
XI. HOLD HARMLESS/INSURANCE REQUIREMENTS: CL
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County '-'
Board of County Commissioners, and its elected and appointed officers, officials, agents,
servants, and employees from any and all claims, demands, or causes of action for bodily injury
(including death), personal injury, and ro property damage (including property owned b Monroe Z
(� g ) PP P Y g (� g P P Y Y
County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the Contractor or any
of its Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional
wrongful misconduct, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
CL
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated on the forms identified as
ANIMAL E&O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR ANIMAL CONTROL CONTRACT, WC1, and ALL RISK PROPERTY INSURANCE
REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C,"
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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. FL
06
The Contractor will not be permitted to commence any activities governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified herein.
The Contractor shall maintain the required insurance throughout the entire term of this contract.
Failure to comply with this provision may result in the immediate suspension of all activities
until the required insurance has been reinstated or replaced.
The Contractor will be held responsible for all deductibles and self-insured retentions that may
be contained in the Contractor's insurance policies. CL
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, `_
either:
• Certificate of Insurance z
or
0
• A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
CL
policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the
County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
The Contractor from any liability or obligation assumed under the contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers'
Compensation and Professional Liability coverages.
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Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
XII. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all CL
donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation
that the funds may be used out of County.
Said donations and grants shall be used by Contractor only for the benefit of shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County. In the case of donations solicited by
third parties on behalf of the Contractor, the donating entity must make its financial records
pertaining to the donated funds available to representatives of the Contractor and the County
during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding
holidays) in order to insure that all monies collected on behalf of the Contractor are in fact
donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. Z
If a prospective donating entity is unwilling or unable to comply with the foregoing requirement,
then the Contractor may not accept any donations from that entity.
E
XIII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the
CL
Contractor shall allow the County to inspect said facilities and equipment at any reasonable time.
In addition, all operating supplies and any additional equipment such as catch-all sticks, cages,
and the like shall be the responsibility of the Contractor.
A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more.
Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek
approval in writing from the County Administrator or his designee.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County. The Contractor shall maintain a list of all capital assets even those purchased
without County funds, noting whether acquired with County funds or other funding sources and
the Contractor shall provide said list to the County Administrator or his designee, as amended,
when additional capital assets are acquired. Property acquired with County funds will be
inventoried pursuant to Chapter 274, Florida Statutes.
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All fixtures, equipment, signs and tangible personal property provided by the Contractor used on
the premises by Contractor shall at all times be and remain the property of the Contractor.
Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal
property or any part thereof, from the premises during the term of this contract, at the expiration
thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so
does not cause irreparable damage to the premises, and further provided that Contractor shall pay
or reimburse County for the reasonable expenses of repairing damage caused by such removal.
FL
XIV. INVENTORY: 06
Prior to commencement of the service contemplated herein, the County shall perform an
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inventory of all supplies, materials, medicines and equipment at the Shelter and the inventory
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lists prepared therefrom shall be signed by both parties hereto.
XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the
County and the district for which he shall provide services and has made investigations to fully
satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full CL
responsibility therefor. The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Contract be more strongly construed
against the Owner than against the Contractor. z
XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
E
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelter, including kennel areas, cages, and euthanasia room(s) and all
equipment in a clean, safe, and sanitary manner.
b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and
equipment in order to keep same in proper working condition. Prior to commencement of any
repairs, the County Administrator or his designee must be notified, in writing, of the proposed
repairs and estimated cost. If such repairs are approved by the County Administrator or his `V
designee, the Contractor shall pay the first One Thousand and 00/100 ($1,000.00) of cost
regardless of the total cost of said repairs. The Contractor will accept the facilities and
equipment in "as is" condition. All operating supplies and any additional equipment such as
catch-all sticks, cages and the like shall be the responsibility of the Contractor.
c) Contractor shall have the'right during the term of the contract to construct, re-construct, re-
model, paint, decorate, and re-decorate the Shelter; provided however, that all such
improvements to the Shelter by Contractor shall conform to all applicable building codes,
regulations, permits, and prior written approval from the County Administrator or his designee
is obtained; written approval by the County Administrator or his designee shall not be
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unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the
termination of the contract shall become the property of the County. If at the expiration or
termination of the contract the Contractor wishes to leave the improvements or personal
property at the Shelter, Contractor shall obtain written approval from the County. The County
has the sole right to reject the leaving of such personal property and improvements and require
the Contractor to remove them from the Shelter. If Contractor fails to remove personal property
or improvements that a) Contractor leaves on site and b) the County requests removal, the _
County shall have the sole right to remove Contractor's personal property and improvements CL
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.
LU
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract, those assets will become the property of Monroe County, unless otherwise agreed to in
writing by the County.
XVII. FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising or for selling merchandise or CL
services unless requested in writing and approved in writing by the County Administrator.
Requests for events shall be requested by the Contractor in writing and approved by the County
Administrator in writing.
In general, the only financial transactions to be conducted at the shelter shall be for collection of Z
Monroe County fines as listed in Monroe County Code Section 4-39, 4-45, 4-46 and 4-66, and
the fees listed in the Fee Resolutions attached hereto as Exhibit `B," as same may be amended
from time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4-39 of
the Monroe County Code.
Contractor shall account separately for all donations and funds received:
CL
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of Monroe County.
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Funds raised by the Contractor from fundraising events in Monroe County and donations
received at Monroe County Animal Shelters shall only be used to benefit the shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County.
XVIII. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
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Packet Pg. 3082
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on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 14, Art. II,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Z
Contractor shall keep and maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for five (5) years following theCL
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared
by an independent Certified Public Accountant; said audit shall conform to generally accepted
auditing standards and shall be submitted to the County within one hundred.twenty (120) days
following the close of the Contractor's fiscal year.
The Contractor shall also allow the County to inspect the shelter property, facility, or vehicles at
any reasonable time.
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XX. PUBLIC RECORDS:
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The County
shall have the right to unilaterally cancel this contract upon violation of this provision by the 06
Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract, the
Contractor is required to: ca
(1) Keep and maintain public records that would be required by the County to perform
the service. �--
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public c
E
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
CL
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
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Packet Pg. 3084
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provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public _
records to the County or pursuant to a valid public records request within a reasonable CL
time may be subject to penalties under Section 119.10, Florida Statutes. 06
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 111112TH Street, SUITE 408, KEY WEST, FL 33040.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given,
bartered, or sold to any medical research company. c
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XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the CL
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned
to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee
will be retained by the Contractor in order to purchase replacement traps. At the end of this
agreement, the Contractor will return the same number of cat/raccoon traps to the County as the
County had provided at the beginning of this agreement. Nothing herein shall preclude
Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify
the public of the availability of cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and specifications covering the services. County may immediately terminate the
Agreement due to any violations by Contractor of criminal statutes governing humane and cruel
treatment of animals. Any other Contractor breach of this agreement shall be governed by the
article below on termination for cause.
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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.
XXIV. TERMINATION WITHOUT CAUSE: CL
06
The County may terminate this agreement without cause by providing the Contractor with
written notice of termination at least sixty (60) days prior to the date of termination.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
within fifteen (15) days after the County provides the Contractor with written notice of said
default: CL
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the
custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelter in a clean, safe, and sanitary manner. z
e. Breach of any other term, condition, or requirement of this agreement.
0
XXVI. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
CL
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the Board.
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XXVII. COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules, and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
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XXVIII. DISCLOSURE AND CONFLICT OF INTEREST:
A. The Contractor represents that it, its directors, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sec. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor CL
shall notify the County of any financial interest it may have in any and all contracts with 06
Monroe County.
XXIX. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
XXX. NOTICE REQUIREMENT: CL
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street 1111 12th Street, Suite 408
Key West, FL 33040 P.O. Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
Tammy Fox-Royer, Executive Director
Florida Keys Society for Prevention of Cruelty to Animals, Inc.
5230 College Road
Key West, FL 33040
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XXXI.TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
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Q.7.b
XXXII. GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising
under this Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to attorney's fees and costs.
XXXIII. PUBLIC ENTITY CRIME STATEMENT:
CL
A person or affiliate who has been placed on the convicted vendor list following a conviction for 06
public entity crime may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a
public building or public work, may not submit Proposals on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY
TWO for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list. (CATEGORY TWO: $35,000.00).
XXXIV. SEVERABILITY: CL
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 z
provision of this contract shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
contract would prevent the accomplishment of the original intent of this contract. The County
and Contractor agree to reform the contract to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
CL
XXXV. BINDING EFFECT:
The terms, covenants, conditions, and provisions of this contract shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
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XXXVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this contract or by Florida law. This
Agreement is not subject to arbitration.
XXXVII. ATTESTATIONS:
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Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
XXXVIII. NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this FL
contract or be subject to any personal liability or accountability by reason of execution of this 06
contract.
XXXIX. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this contract and will not be
used in the interpretation of any provision of this contract.
XL. AUTHORIZED SIGNATORY: The signatory for the Contractor,below, certifies and CL
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.
0
(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.
CL
XLI. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in
writing and be executed in the same manner as this agreement.
XLII. SURVIVAL OF PROVISIONS:
Any terms or conditions of either this Agreement that require acts beyond the date of the term of
this Agreement, shall survive termination of the Agreement, shall remain in full fore and effect
unless and until the terms or conditions are completed and shall be fully enforceable by either
party.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date-first..written above in two (2) counterparts, each of which shall, without proof or accounting
for'ihe other-counterparts, be deemed an original contract.
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(SEAL)""'
,�,_,. _ _ 5 .
Attest:;KEVrIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLOIDA
06
-"L-1 <
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) CONTRACTOR
Attest:
BY. /?��wrrWs
</ BY. `
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Title: ��i1/1 (�G�.�
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By'
YRTNESS
Tom: z
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MON OE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
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Packet Pg. 3090
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di FIRST AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter and Middle Keys Animal Control)
THIS FIRST AMENDMENT TO CONTRACT is entered into this 16th day of May,
2018, between Monroe County Board of County Commissioners ("County"), and Florida Keys
Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation
("FKSPCA" or "Contractor"), in order to amend the Contract entered into on November 14,
2017 as follows;
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WHEREAS, on November 14, 2017, the FKSPCA assumed operation of the Marathon
Animal Shelter and agreed to provide animal control services from Mile Marker 16.7 to Mile
Marker 70; and
WHEREAS, the terms of the agreement provide that the contract amount may be
adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI-U) for the most recent twelve(12) months available ending in December of each
year; and
WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the
Agreement; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained �--
herein, the parties hereby agree as follows:
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1. In accordance with Paragraph V, RENEWAL the contract amount is hereby adjusted by
2.1% CPI for all urban consumers (CPI-U) for the most recent twelve (12) months ending
on December 31, 2017. Effective May 1, 2018, the total compensation paid to the
Contractor for its services under this Agreement shall be Four Hundred Thirty-four
Thousand Four Hundred Thirty-five and 50/100 ($434,435.50) Dollars per annum or
Thirty-six Thousand Two Hundred Two and 96/100 ($36,202.96) Dollars per month.
2. In all other respects, the remaining terms of the Agreement entered into on November 15,
2017, not inconsistent herewith, shall remain in full force and effect.
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NESS WHEREOF, the parties have caused these presents to be executed in the T_
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CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE A
w B By:
cr- ct D. Clerk Mayor/Chairman
Q= Date: a.•-y , 20
MON OE COUNTY ATfORNEY'S OFFICE
o '� A PROVl D AS O FO
Page 1 of 2 PATRICIA EAGLE
ASSISTANT COUNTY ATTORNEY
DATE; _
-- - Packet Pg. 3091
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�• CONTRACTOR:
W' n ss Signature FLORIDA KEYS SOCIETY FOR
v`-w'J'q L- THE PREVENTION OF CRUELTY TO
Print/Name Date ANIMALS, INC.
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it es igRatur By: � T
1J, � Director/Treasurer CL
Print Name Date
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Date: 5�/ / 8'
Address: S23 a �o /e �oe�( �,�—��G
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Page 2 of 2
Packet Pg. 3092
SECOND AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter)
THIS SECOND AMENDMENT TO CONTRACT is entered into this 22nd day of May, 2019
between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention o:
Cruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractor), in order to amend thf
Agreement dated November 14, 2017, and as amended on May 16, 2018, as follows;
WHEREAS, as a result of the competitive solicitation issued by the County, the FKSPCA and Count,
entered into an agreement dated November 14, 2017 whereby the FKSPCA will operate the Marathon Anima
Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70 (Agreement). The tern
of the Agreement is November 15, 2017 to June 30, 2020; and CL
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WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted annually b,
the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent
12 months available ending in December of each year; and
WHEREAS, the Agreement was amended by a First Amendment dated May 16, 2018 to adjust the
contract amount by 2.1%, which increases the contract to $434,435.50 per annum or$36,202.96 per month; and
JL WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the agreement; and
WHEREAS, the Agreement contains a scrivener's error and states that the CPI adjustments may be
requested for the "upcoming contract period of May I"' and the contract period as stated above is November CL
15th, so the language will be modified herein to reflect the contract period of November 15ih and effective date
of the CPI in accordance with the correct contract period;
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Paragraph V, RENEWAL, will be amended to read as follows:
The County shall have the option to renew this agreement after the original term, for one (1) additiona
five-year period. The contract amount agreed to herein may be adjusted annually in accordance with thi
percentage change in the consumer Price Index (CPI) for all urban consumers (CPI-U) for the mos CN
recent twelve (12) months ending in December of each year. In order to avoid retroactive CP
adjustments, the Contractor must request in writing CPI adjustments no later than January 31St of eacl
year for the upcoming contract period of November 15th. Failure to timely request annual CP
adjustments will result in waiver of the CPI adjustment for that year.
2. In accordance with Paragraph V, RENEWAL the contract amount is hereby adjusted by 1.9% CPI fo
all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2018. Effective
November 15, 2019, the total compensation paid to the Contractor for its services under this agreement
shall be $442,689.77 per annum or$36,890.81 per month.
3. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not inconsisten
herewith, shall remain if full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 1 of 2 ,
Second Amendment to Contract
(Operation of the Marathon Animal Shelter)
Packet Pg. 3093
SECOND AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter)
S. WEREOF, the parties have caused these presents to be executed in the respective names.
1V1A17.OK,CLERK BOARD OF COUNTY COMMISSIONERS
�`` OF MONROE UN , LORIDA
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Deputy Clerk yor hairman
Date:
THE FLORIDA KEYS SOCIETY FOR
ess Signature THE PREVENTION OF CRUELTY TO
ANIMALS, INC.
Print Name Date By: CU�l'LM't0-" On G )
Wasident TY•easL&v-o ' CL
Date:
Witness Signatu
GG�C sI�U l I�j Address: 5 7 1 CZI Leas-f2d E
D taA-o-L _ vie , Fi, a3cY+o
Print Name Date E
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C:) N MONROE COUNTY ATTORNEY C"
0 P DekS TO FO cv
LLJ CHRISTINE LIMBERT BARROWS
x J, ASSISTANT COUNTY ATTORNEY
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Page 2 of 2
Second Amendment to Contract
(Operation of the Marathon Animal Shelter)
Packet Pg. 3094