Item C30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 15,
2011
Division:
Public Works
Bulk Item: Yes
X
No —
Department:
Public Works
Staff Contact Person/Phone #:Dent Pierce/292-4560
AGENDA ITEM WORDING: Approval of Second Amendment to Contract with Safe Harbor
Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter and provide
animal control services from Mile Marker 16.7 to Mile marker 70.
ITEM BACKGROUND: The contract will be amended to change the effective date of the contract
from May 1, 2011 to June 1, 2011.
PREVIOUS RELEVANT BOCC ACTION: On April 20, 2011, the BOCC awarded the bid and
contract to SHARK. On May 18, 2011, the contract was amended to change the address for
notice purposes to the Marathon Animal Shelter.
CONTRACT/AGREEMENT CHANGES: Update the effective date as shown in Section I, Term
of Agreement, to June 1, 2011.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes X No _
Acct. 001-21000-530340
COST TO COUNTY: SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes No x
APPROVED BY: County Att�_ OMB/Purcfising Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: SHARK- Safe Harbor Contract #
Effective Date: June 1, 2011
Expiration Date: June 30, 2015
Contract Purpose/Description:
Second Amendment for operation of the Marathon Animal Shelter and animal control services
from MM 16.7 to MM 70 to amend the term of the A eement to June 1 2011.
Contract Manager: Beth Leto 4560 Public Works #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/15/11 Agenda Deadline: 5/31/11
CONTRACT COSTS
Total Dollar Value of Contract: $ $232,556/yr Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 001-21000-530340- -
Grant: $ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, util
Division Director,
Date In
Risk Manageent
O.M.B./PurMasin{
g
I County Attorney 5/31/11
I Comments:
111Y[A3 lvl111 L'%1vv15C1.1 G!G //V 1 1v11.Y ifz
CONTRACT REVIEW
Changes Date Out
Needed Reviewer
w.
Yes❑ Noa
N. ,
4 ;
Yes❑ No[]
E
Yes❑ No(j .. -/ a
Yes❑ No® '�"fa 1111
This Second Addendum to the agreement centered into on April 20, 2011 is entered into this 15x'
day of June, 2011 between Safe Harbor Animal Rescue of the Keys, Inc., a Florida non-profit corporation,
("CONTRACTOR") and Monroe County rCOUNrrj.
W6ere3s, the parties entered Into an agreement on April 20, 2011; and
whereas, the tern of the Agreement shah be amended to reflect the start date of June 1, 2011,
NOW MEREFOK In consideration ofthe mutual promises and considerations, the parties
agree to amend the contract as f0ows:
1. Section I TERM OF AGREEMENT shall be amended to read. -
This agreement shall be affective on June 1, 2011 and end at 12:00 midnight on.lune 30, 20is,
'the term of this agreement shall be renewable in acoordanee with Section V.
2. The remaining terms of the contract dated April 20, 2011, not inconsistent herewith, shall
remain in full Porte and effect.
IN WITNESS WHEREOF, the perNes hereto have executed this Second Addenduun to the Agreement as of
the date first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:
Deputy Cleft
Attest:
WITNESS
Printed Name of Witness
BOARD OF COUNTY COMMiSS 0NERS
OF MONROE COUNTY, FLORIDA
BY:
MaYor%Chairman
CO
:� , &t -
Ss Nan rA .1 escue of�e leers, Inc.
Pr sident
Leer suVnrxorrjv
FIRST ADDENDUM TO CONTRACT
BETWEEN SAFE HARBOR ANIMAL RESCUE OF THE KEYS, INC.
AND MONROE COUNTY DATED APRIL 20, 2011
This First Addendum to the agreement entered into on April 20, 2011 is entered into this A +kl
day of May, 2011, between Safe Harbor Animal Rescue of the Keys, Inc., a Florida non-profit
corporation,, ("CONTRACTOR") and Monroe County ("COUNTY").
WHEREAS, the parties entered into an agreement on April 20, 2011; and
WHEREAS, the CONTRACTOR has requested that for notice purposes that its address be
changed to the Marathon Animal shelter;
NOW THEREFORE, in consideration of the mutual promises and considerations, the
parties
agree to amend the contract as follows:
1. Section XXX NOTICE REQUIREMENT of the contract shall be amended to rep�:
FOR CONTRACTOR: -= �-
Safe Harbor Animal Rescue of the Keys, Inc.
3.0550 Aviation Boulevard - -1
Marathon, FL 33050
sM. :i-D
The remaining terms of the contract dated April 20, 2011, not inconsistent#heregMh,
shall remain in full force and effect.
to CD
_SS WHEREOF, the parties hereto have executed this First addendum to the
nt as of the date first written above.
_. KOLHAGE, CLERK
0
Deputy Clerk
Atte `
By:
TN SS ��//��� � /
Print Name:f�'1G�7�a�f- •J Cclvip__
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
Mayor/Chairman
CONTRACTOR
By:
Safe Harbor Animal scue of the Keys, Inc.
_.�'eC rr knY
Title
By:
ITN ESS
Print Name:
CONTRACT
(Operation of Marathon Animal Control Shelter & service area MM16.7 through 70)
THIS CONTRACT, entered this 20th day of April, 2011, by and between the Board of County
Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and Safe Harbor
Animal Rescue of the Keys, Inc., a Florida not -for -profit corporation ("SHARK") (hereafter
"Contractor").
WHEREAS, County has certain responsibilities under State and County laws to provide animal
control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to
the County that a contract with a private provider of such services, NOW THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on May 1, 2011 and end at 12:00 midnight on June 30, 2015.
The term of this agreement shall be renewable in accordance with Section V.
IL AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Two
hundred and thirty-two thousand five hundred and fifty-six DOLLARS ($232,556) per year.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
III. PAYMENT:
The County recognizes that the Contractor will incur cost to start up animal control operations
and that the Contractor is in need of funds to mobilize operations. The County agrees to provide
($58,139.00) or 3/12"' of the total amount of compensation as an "advance sum". The "advance
sum" shall be credited against the total reimbursement amount. The Contractor must provide
evidence of payment in the form of a letter with a notarized certification statement (See
Attachment B) summarizing the expenses paid, with supporting documentation attached, before
further allocation of funds will be made. The County will review all expenditures to ensure that
the "advance sum" has been used solely for services rendered pursuant to this agreement and
incompliance with requirements as set for in Attachment B.
Payment after the initial "advance sum" will be made periodically, on a reimbursement basis, as
hereinafter set forth. Reimbursement requests will be submitted to the Public Works
Department:. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County
Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the Contractor shall be in the form of a letter,
summarizing the expenses, with supporting documentation 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 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 II of this agreement.
The Contractor must furnish to the County the following (prior to the payment of any invoices,
items (a) through (h) must be provided):
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of, 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 Bylaws, 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;
(g) Cooperation with County monitoring visits that the County may request during the contract
year; and
(h) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
IV. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
operate the Marathon Animal Shelter located at 10550 Aviation Boulevard, and 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.
1. STAFF: The Contractor will fully staff, operate and perform all current
functions of the Shelters, as further identified in the training manual to be prepared by
Contractor; said training manual will be reviewed and approved by the Director of Public
Works or designee prior to implementation.
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. 1013-3.091, 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 Shelters or which become the responsibility of the Shelters.
All animals in the custody of the Contractor shall have a constant supply
of fresh water and be fed a diet appropriate for their species, breed, age
and physical condition. Each shelter facility has a perimeter fence to
confine all animals to the facility grounds and to restrict wildlife from
accessing the property; in this regard, Contractor is not to place food or
water outside of the Shelter's fenced area(s) unless it is in an appropriate
cat or raccoon trap.
(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 Shelters. The primary drug to be utilized
for euthanasia shall be sodium pentobarbital, and the Contractor shall
administer euthanasia to those animals designated for destruction in a
humane manner and consistent with state and county laws and regulations.
The Contractor's personnel who perform euthanasia will have appropriate
certificates attesting to the employee's authority to perform euthanasia,
and copies of the certificates will be forwarded to the Director of Public
Works or designee.
(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. 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
Shelters, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner. rer�e+er- shall be aware e�
the lease agreement f the Big Pipe Key Animal Shelter- at4 ei.ed h Fete ..
tAn\i llVlt LV f.Ln
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 Shelters for
the purpose of securing suitable homes for adoptable animals. The
Contractor shall follow appropriate criteria to insure that each companion
animal is given a suitable home through basic screening procedures that
evaluate both the animal to be released and the potential adopter in an
effort to assure that the animals adopted are being placed in long-term
homes. The screening procedures shall be reviewed periodically by the
Director of Public Works or designee as to form and practicality. All
adoptable animals will be available for inspection by the public during
normal working hours. The Contractor shall utilize the Adoption
Agreement attached hereto as Exhibit "Gl" unless modified by written
and signed directive from the Director of Public Works or designee.
(c) The contractor shall enforce the provisions of the contract, including, but
not limited to, taking any action necessary to ensure that an adopted
animal is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit "B." The Contractor
will be responsible for determining that all requirements have been satisfied
by an applicant prior to issuing a license certificate and shall remit all fees to
the County. The license certificates and corresponding tags are numbered and
tracked, and Contractor is responsible for returning copies of each numbered
certificate that is either issued or voided (including tag for all voids) to the
Director of Public Works or designee on a bi-weekly basis.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain
a Policies and Procedures Manual for guidance of all staff. At a minimum, it
shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of
animals.
3. Protocols for responding to calls for animal control services, whether in
the nature of law enforcement, pick-up of dead animals, or other.
4. Protocols for daily maintenance of premises and equipment, including
vehicles.
5. Training Staff
a) prerequisites for certain positions
b) keeping staff current
6. Training provided* shall include:
a) Shelter Policies & Procedures (required of all staff, including
volunteers)
b) Basic Pet Care
c) Veterinary Health Care
d) Animal Behavior
e) Animal Handling
f) Breed Identification & characteristics
g) Obedience Training
h) Behavior Problem Solving
i) Counseling Methods
j) Conflict Management (required of all law enforcement personnel)
k) Grief Counseling
1) Telephone Manners and Customer Service Skills
*Items a & j must be at least in part provided in a classroom or
seminar type setting, with live or video teaching. All other training
may be self -study, although some in -person or video training is
highly recommended. Training shall be provided appropriate to
the position filled by the worker, whether that worker is an
employee or a volunteer.
7. Adoption Guidelines, which shall absolutely require sterilization of all
animals prior to release to adopter. Other guidelines shall address, at a
minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing
care, safe environment, veterinary bills for life of the animal.
c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful
placement.
8. HOURS OF OPERATIONS: At a minimum: the Marathon Animal Shelter
shall be open to public from 9:00 a.m. to 5:00 p.m., Eastern Time, Tuesday through
Friday, and 9:00 a.m. to 12:00 noon, 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 F.S. 828.27 (40
hours of training curriculum approved by the Florida Animal Control Association); said
training shall be completed on a timely basis after a 90-day probationary period. The
Contractor is to provide the Director of Public Works, or designee, with copies of the
Animal Control Officer Training Program Certificates.
2. Emergency services (24-hours per day/7-days a week) for Priority One calls
which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis; at a minimum,
Contractor shall patrol service area once per week with additional emphasis on areas
inhabited by endangered species.
4. Picking up dogs that are running at -large;
5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall
notify the public of the availability of cat and raccoon traps.
6. Non -emergency animal pick up from residential homes during normal operating
hours;
7. Picking up dead animals along County or City rights -of -way and arrange for
proper disposal in accordance with all applicable laws, regulations and
ordinances;
8. Disposing of any animals that are euthanized or that expire while in the care,
custody, or control of the Contractor, in accordance with all applicable laws,
regulations and ordinances.
9. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations
(Resolution No. 290-2010 and animal control citation form attached hereto in
Exhibit 11G3" ), and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County in court
proceedings when required. Further, upon termination of this agreement, the
Contractor shall complete all cases originated by Contractor including
representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well as the
laws of the State of Florida.
B. FEES. The Contractor shall collect and remit to the County all funds that are
required to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46
and 4-66, and Monroe County Resolution No. 240-2006, as amended by Resolution
Nos. 386-2006 and 599-2006, as same may be amended from time to time; said
Resolutions are attached hereto and marked Exhibit "B." Checks received for these
fees shall be made payable to Monroe County and remitted directly to the County. In
this regard, the Contractor shall issue numbered receipts and keep appropriate records
of all funds received and shall provide to the Director of Public Works or designee on
a bi-weekly basis copies of daily cash reconciliation forms, daily bank deposit
information and original license certificates that are issued or voided. All funds must
be deposited into specific Monroe County bank accounts, and all requests for waiver
of any fines or fees owed to the County must be submitted in writing on the County -
approved affidavit form to the Director of Public Works or designee, said affidavit
form is attached hereto and marked Exhibit "G2." The Contractor shall only 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 Shelters unless approved in writing by the
Contractor and the Board of County Commissioners in the form of a contract
amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
:remitted to the county pursuant to Sec. 4-39, Monroe County Code, the animal
control contractors may charge animal owner(s) or potential adopter(s) for services,
:including sterilization pursuant to Sec. 823.15,Florida Statutes, vaccinations,
deworming, heartworm testing, feline leukemia & FIV tests, and any other services
provided to the public which are not required by the County contract, but the amount
charged by the animal control contractors shall not exceed the actual cost of services
rendered.
D. REPORTS. On a bi-weekly basis, Contractor shall provide the Director of Public
Works or 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 at least three (3) employees
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.
See Exhibit
G. NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes
contemplated in the Agreement.
V. RE14EWAL:
The County shall have the option to renew this agreement after the original term, for one
additional live -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 12 months ending in December of each year.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelters; 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.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. Proof of such licenses and approvals shall be submitted to the County
upon request. The Contractor has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered
to be independent contractors in their performance of the work contemplated hereunder. As
such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights
or privileges of County employees. The provider shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided.
VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
IX. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility
accounts will be held in the Contractor's name.
X. VE]HICLES:
The County hereby leases to the Contractor County vehicles currently assigned to the
Shelters identified as follows:
1. 2004 Ford F 150 Truck (Unit 0910/082) AND/OR
2. 2005 Ford F150 Truck (Unit 0910/1706)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate the vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles
and shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit
"E." The Contractor shall provide an average of four (4) oil changes annually for each vehicle,
and shall schedule vehicle inspections with Monroe County Fleet Management no less than three
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 vehicles 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 Director of Public Works or designee. If the contractor acquires or uses any
other vehicle(s) in performing/providing services under this agreement, the contractor shall
include and list those vehicle(s) under this agreement with the VIN (vehicle identification
number) and the contractor must adhere to all insurance coverage requirements under this
contract.
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 capital assets and the Contractor shall provide
said list to the Public Works Department, as amended, when additional capital assets are
acquired. Property acquired will be inventoried pursuant of Chapter 274, Florida Statutes.
XI. HOLD HARMLESSANSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners and the County Court of Monroe County from any and all claims for
bodily injury (including death), personal injury, and property damage (including property owned
by Monroe: County) and any other losses, damages, and expenses (including attorney's fees)
which arise: out of, in connection with, or by reason of services provided by the Contractor or any
of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated on the forms identified as
ANIMAL E&O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR ANIMAL CONTROL CONTRACT, WC1, and ALL RISK PROPERTY INSURANCE
REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C,"
and all other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
XII. DONATIONS AND GRANTS:
The Contractor shall issue numbered receipts, keep appropriate records, and account separately
for all donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of County
Said donations and grants shall be used by Contractor only for the benefit of shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County. In the case of donations solicited by
third parties on behalf of the Contractor, the donating entity must make its financial records
pertaining to the donated funds available to representatives of the Contractor and the County
during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding
holidays) in order to insure that all monies collected on behalf of the Contractor are in fact
donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County.
If a prospective donating entity is unwilling or unable to comply with the foregoing requirement,
then the Contractor may not accept any donations from that entity.
XIII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the
Contractor shall allow the County to inspect said facilities and equipment at any reasonable time.
In addition, all operating supplies and any additional equipment such as catch-all sticks, cages
and the like: shall be the responsibility of the Contractor.
XIV. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an
inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory
lists prepared therefrom shall be signed by both parties hereto.
XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the
County and the district for which he shall provide services and has made investigations to fully
satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full
responsibility therefor. The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Contract be more strongly construed
against the Owner than against the Contractor.
XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelters, including kennel areas, cages, and euthanasia room(s) and all
equipment in a clean, safe and sanitary manner.
b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and
equipment in order to keep same in proper working condition. Prior to commencement of any
repairs, the: Director of Public Works or designee must be notified, in writing, of the proposed
repairs and estimated cost. If such repairs are approved by the Director of Public Works or
designee, the Contractor shall pay the first $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 Director of Public Works or designee is
obtained; written approval by the Director of Public Works or designee shall not be
unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the
termination of the contract shall become the property of the County. If at the expiration or
termination of the contract the Contractor wishes to leave the improvements or personal
property at the Shelter, Contractor shall obtain written approval from the County. The County
has the sole right to reject the leaving of such personal property and improvements and require
the Contractor to remove them from the Shelter. If Contractor fails to remove personal property
or improvements that a) Contractor leaves on site and b) the County requests removal, the
County shall have the sole right to remove Contractor's personal property and improvements
from the Shelter. Contractor shall be responsible to reimburse the County for all costs and
expenses associated with the removal and disposal of Contractor's personal property and
improvements.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract, those assets will become the property of Monroe County, unless otherwise agreed to in
writing by the County.
XVII. FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising or for selling merchandise or
services unless requested in writing and approved in writing by the County Administrator.
Requests for events shall be requested by the Contractor in writing and approved by the County
Administrator in writing.
The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code
Section 4-39, 4-45, 446 and 4-66, and the fees listed in the Fee Resolutions attached hereto as
Exhibit 11B,," as same may be amended from time to time. Said fines and fees shall be remitted to
the County as set forth in Sec. 4-39 of Monroe County Code.
Contractor shall account separately for all donations and funds received:
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of Monroe County.
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
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism:, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other parry to this Agreement for public
records purposes during the term of the Agreement and for five (5) years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared
by an independent Certified Public Accountant; said audit shall conform to generally accepted
auditing standards and shall be submitted to the County within one hundred twenty (120) days
following the close of the Contractor's fiscal year. If this agreement if terminated early, the
County has a right to demand an accounting of all funds held by the Contractor.
The Contractor shall also allow the County to inspect the shelter property, facilities or vehicles at
any reasonable time.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given,
bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned
to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee
will be retained by the Contractor in order to purchase replacement traps. At the end of this
agreement, the Contractor will return the same number of cat/raccoon traps to the County as the
County had provided at the beginning of this agreement. Nothing herein shall preclude
Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify
the public of the availability of cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and specifications covering the services. County may immediately terminate the
Agreement due to any violations by Contractor of criminal statutes governing humane and cruel
treatment of animals. Any other Contractor breach of this agreement shall be governed by the
article below on termination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit the
facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided
to animals. The Contractor agrees that the County Administrator may designate representatives
to visit the facility(ies) periodically to conduct random open file evaluations during the
Contractor's normal business hours.
XXIV. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with
written notice of termination at least sixty (60) days prior to the date of termination.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
within fifteen (15) days after the County provides the Contractor with written notice of said
default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the
custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelters in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
�� 1VaW.-Villto12181M405
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
XXVII. COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances„ rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
XXVIII. DISCLOSURE AND CONFLICT OF INTEREST:
A. The; Contractor represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all contracts with
Monroe County.
XXIX. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
XXX. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other parry by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator and Dent Pierce, Director and County Attorney
1100 Simonton Street Monroe County Public Works 1111 12'' St., Suite
408
Key West, FL 33040 1100 Simonton St., Rm. 2-231 PO Box 1026
Key West, FL 33040 Key West, FL
33041-1026
FOR CONTRACTOR:
SHARK
10803 6a' Ave. Gulf
Marathon, FL 33050
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.
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:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO:
$25,000.00).
XXXN. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies
and warrants that:
(a) The: Contractor's name in this agreement is its full name as designated in its corporate
charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of inc ftion and Fr
list of its Board of Directors. - -
XXXV. ENTIRE AGREEMENT: — J
This agreement constitutes the entire agreement between the County and the C01740or Ar tQ
services contemplated herein. Any amendments or revisions to this agreement �Miustpe tig
writing and be executed in the same manner as this agreement. ca Q
TNESS WHEREOF the parties hereto have executed this Agreement on the day and
e:nterparts,
above in four (4) counterparts, each of which shall, without proof or accounting
be deemed an original contract.
Y L. KOLHAGE, CLERK BOARD OF COWNTY COMMISSIONERS
OF MONROFOJ49 j
C • By:
Deputy Clerk /MV
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By:
DOUG MADER WITNES J
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By:
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