Item C14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUAMARY
MEETING DATE: August 17, 2011
BULK ITEM: Yes X No
DIVISION: Public Works
DEPARTMENT: Public Works
STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of Fifth Amendment to Contract with The Florida
Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West
Animal Shelter.
ITEM BACKGROUND: Pursuant to a request by the County Administrator, three animal
control contractors were audited by the Clerk of the Court. The contract with the Florida
Keys SPCA is being amended to comply with the audit findings and recommendations.
PREVIOUS RELEVANT BOCC ACTION: On April 21, 2010, the Board approved a
renewal agreement from June 1, 2010 to June 30, 2015.
CONTRACT/AGREEMENT CHANGES: Revises the contract to require pre -audit of
contractor expenditures on a reimbursable basis similar to contracts with other agencies
and private nonprofits that provide public services to ensure expenditure of public funds
are appropriate and that funds and donations are appropriately reported and spent. No
change to annual appropriation of $395,645.26.
STAFF RECOMMENDATION: Approval.
TOTAL COST: n/a INDIRECT COST: n/a BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a Acct. 001-21000-530340
COST TO COUNTY: same SOURCE OF FUNDS: ad valorem
REVENUE GENERATED: Yes No x
L9
APPROVED BY: Co. Atty.: C B/PuZasing: Risk Management: `° Ly
DOCUMENTATION: INCLUDED: x NOT REQUIRED:
DISPOSITION: AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMNIISSIONERS
CONTRACT SUMMARY
Contrac THE FLORIDA KEYS SOCIETY FOR THE Contract #
PREVENTION OF CRUELTY TO ANIMALS, INC. Effective Date:
Expiration Date:
Contract Purpose/Description: 5 h amendment to contract to comply with audit finding
I Contract Manager:
for BOCC
Beth Leto
(Name)
on August 17, 2011
Total Dollar Value of Contract:
Budgeted? Yes
Grant: $
County Match: $
• ■
06/30/2015
4560 Public Works - #1
(Ext.) (Department/Stop #)
Agenda Deadline: August 2, 2011
CONTRACT COSTS
$395,645.26 Current Year Portion: $49,455.66
(8/17- 9/30)
Account Codes: 001-21000-530340
Estimated Ongoing Costs: $ n/a /yr.
(Not included in dollar value above)
ADDITIONAL COSTS
For:
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed ,2 fewer
Division Director %Tdu YesO No[� !J 7
Risk Managem- $nt YesEJ No[ /
e / J\j
O.M.B./PurcYasing YesEI NoO"
County Attorney YesEl Noo
Comments:
FIFTH AMENDMENT TO CONTRACT
BETWEEN FLORIDA KEYS SOCIETY OF
PREVENTION OF CRUELTY TO ANIMALS, INC.
AND MONROE COUNTY DATED MAY 18, 2005
This Fifth Amendment to the Agreement dated May 18, 2005 is entered into this day of
2011, between Florida Keys Society of Prevention of Cruelty to Animals, Inc., a Florida non-profit
corporation, ("CONTRACTOR") and Monroe County ("COUNTY").
WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006,
September 20, 2006, May 17, 2007 and February 16, 2011, May 18, 2011, and as renewed on April 21,
2010; and
WHEREAS, pursuant to a request by the County Administrator the three animal
Control contractors were audited by the Clerk of the Court, including the Florida Keys SPCA; and
WHEREAS, the audit report of Florida Keys SPCA made findings and recommendations; and
WHEREAS, the auditor's recommend that the contract for animal services be revised to require
pre -audit of contractor expenditures on a reimbursable basis similar to contracts with other agencies
and private non -profits that provide public services; and
WHEREAS, in order to ensure that expenditures of public funds are appropriate and ensure that
funds and donations are appropriately reported and spent; and
WHEREAS, in order address the findings of the audit and to continue a contractual relationship
between the CONTRACTOR and COUNTY;
NOW THEREFORE, in consideration of the mutual promises and considerations, the parties
agree to amend the contract as follows:
1. Section II Payment of the contract shall be amended to read in its entirety as follows:
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 Three hundred and ninety-five
thousand six hundred and forty-five DOLLARS and twenty-six CENTS ($395,645.26) per year on a
reimbursement basis equal to 1/12 of this amount or $32,970.44 per month. If a reimbursement request
is less than the per month reimbursement amount of $32,970.44, the unused balance will be rolled over
and available for future reimbursement request.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the Contractor.
The Board shall not be obligated to pay for any services or goods provided by the Contractor after the
Contractor has received written notice of termination, unless otherwise required by law.
A. PAYMENT
Payment 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 this Agreement, Monroe County Code of Ordinances, State laws and regulations and
Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be
in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of
invoices) attached. The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be
received within sixty (60) days after the termination date of this contract as shown in Article I above.
After 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 shall furnish to Public Works Department within ten days of the date of this amendment
the following:
(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; and
(f) organization's Policies and Procedures Manual which must include hiring policies for all staff, drug
and alcohol free workplace provisions, and equal employment opportunity provisions;
The Contractor shall cooperate with County monitoring visits that the County may request during the
contract year, and shall provide such other reasonable reports and information related to compliance
with applicable laws, contract provisions and the scope of services that the County may request during
the contract year.
2. Section III(A)(1) STAFF shall be amended by adding the following:
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).
3. Section III(A)(3)(d) shall be amended to read in its entirety as follows:
(d) The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all
adoptable animals, and shall have a program in place for flea and tick control. The Contractor shall
provide FIV and Feline leukemia testing for all cats retained in the facility for adoption.
4. Section III(C) FEES, shall be amended by adding the following:
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.
5. Section III(D) REPORTS shall be shall be amended to read in its entirety as follows:
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.
6. Section IX VEHICLES shall be amended by adding the following:
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. In the event of a manmade or natural
disaster for which there is adequate objective evidence available to justify the inability to obtain prior
written approval, the Contractor shall obtain the approval within 30 days of the disaster event. 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 vehicles, then upon termination or expiration of
the contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County.
7. Section XII FACILITIES AND EQUIPMENT shall be amended by adding the following:
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 Public Works Department.
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 Public Works Department, as amended, when additional capital assets are
acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida
Statutes
8. Section XI DONATIONS shall be amended to read in its entirety as follows:
XI. 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 animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out, of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
9. Section XVII FUNDRAISING shall be amended to read in its entirety as follows:
FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising events or for selling merchandise or
services unless requested in writing and approved in writing by the County Administrator and unless the
funds raised, less related costs, are used for the benefit of the animals in Monroe County. Requests for
events shall be requested by the Contractor in writing and approved by the County Administrator in
writing, but may be made for more than one event or sales program at a time.
The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4-
39, 4-45, 4-46 and 4-66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "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 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 at the Monroe County shelter and donations
received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
10. Section XIX INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING shall be amended to read
in its entirety as follows:
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.
4
Each party to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an
independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred eighty (180) days following the
close of the Contractor's fiscal year. If this agreement is 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.
11. Section I10)(1), III(A)(3)(c), 111(A)(5)(b), III(A)(7)(d), III(B)(1), III(C), III(D), and IX shall be amended to
delete "Director of Community Services" and replace with:
"Director of Public Works"
12. The remaining terms of the contract dated May 18, 2005, and amendments thereto, not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreement as of the date first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By: By
Deputy Clerk MayoR
r/Chairma
CONTR
Attest:
By: By:
WITNESS Presi en of Florida Keys Society for the
Prev t' n of Cruelty to Animals, Inc.
Print Name:
By:
WITNESS
Print Name:
i �� c t t'_ &-L iLcc:J
EXHIBIT "G4"
FORMS REQUIRED TO BE USED BY CONTRACTOR
MONTHLY STATISTICAL REPORT FORM
ANIMAL SHELTER
DATA FOR MONTH OF:
DOGS
Animals Brought In:
Animals Picked Up:
Animals Adopted:
Animals Redeemed:
Animals Transferred*:
Animals Escaped:
Animals Bonn at Shelter:
Animals DOA:
Animals Euthanized—
CATS
Inc.
Other Animals I
Ihow many what
* number sick, injured, or dangerous
Ar.Fmnaez On, Hand
NOTES:
Service Calls:
Bite Reports:
Cruelty Cases:
COUNTY FEES COLLECTED
Failure to Spay/Neuter:
Exemption License:
License:
Pick -Up
Boarding:
Adoption:
Disposal:
Euthanasia:
Total County Fees Collected: $ -
REPORTED BY:
Date Reported:
'List how many, type of animal and where
animal was transferred
Other Fees Collected:
Donations:
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and
Community -Based Organizations, county travelers, and contractual parties who
have reimbursable expenses associated with Monroe County business. These
guidelines, as they relate to travel, are from the Monroe County Code of Ordinances
and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the
reimbursable expense request needs to also contain the following notarized certified
statement:
"I certify that the above checks have been submitted to the vendors as noted
and that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners
and will not be submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not
be considered for reimbursement. Remember, the expense should be paid prior to
requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in
the contract. This document should not be considered all-inclusive. The Clerk's
Finance Department reserves the right to review reimbursement requests on an
individual basis. Any questions regarding these guidelines should be directed to
305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are
not considered reimbursable expenditures unless appropriate payroll journals for
the charging department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense
is needed. If a Payroll Journal is provided, it should include: dates, employee
name, salary or hourly rate, total hours worked, withholding information and
payroll taxes, check number and check amount. If a Payroll Journal is not
provided, the following information must be provided: pay period, check amount,
check number, date, payee, support for applicable payroll taxes.
8
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be
included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance
payments are not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for
reimbursement. The log must define the date, number of copies made, source
document, purpose, and recipient. A reasonable fee for copy expenses will be
allowable. For vendor services, the vendor invoice and a sample of the finished
product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the
date, the number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called,
the caller, the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for
Reimbursement of Travel Expenses. Travel reimbursement requests must be
submitted and will be paid in accordance with Monroe County Code of Ordinances
and State laws and regulations. Credit card statements are not acceptable
documentation for reimbursement. If attending a conference or meeting a copy of
the agenda is needed. Airfare reimbursement requires the original passenger
receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the
audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases
should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the
airport for a business trip is not reimbursable. Parking is considered a reimbursable
travel expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be
zero. Room must be registered and paid for by traveler. The County will only
reimburse the actual room and related bed tax. Room service, movies, and
personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of
departure. For example, driving from one's home to the airport for a business trip
is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for
breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay
expenditures (unless specifically included in the contract), contributions,
depreciation expenses (unless specifically included in the contract), entertainment
expenses, fundraising, non -sufficient check charges, penalties and fines.
10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total X X�X X.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200
by who is personally known to me.
Notary Public
11
Notary Stamp
40'AWNDMENT • AGREEMENT
(Operation of Key West Animal Shelter, and temporary
operation • the Big Pine Key and Marathon Animal Shelters)
THIS 4" AMENDMENT • AGREEMENT is ♦ into this fl day • , 4" 2011, by
and between the Board of Coun4 CwnQjjipjV Ig Qjgr. &1gidl, Q4W
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19, 2006,
September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West Animal Shelter
9-nd provide animal control services and enforcement of laws related to animals; and
WHEREAS, the contract was amended on September 8, 2010, to include the temporary operation of the
Big Pine Key and • Animal Shelters and to provide complete animal control services and enforcement of
laws related to animals up to Mile Marker 60, through February 28, 2011, pending re -bid of the contract for such
services, •
WHEREAS, the contract was amended on October 20, 20 10, to include temporary animal control services
and enforcement of laws related to animals for an additional ten miles, up to Mile Marker 70, including the City
• Layton; and
WHEREAS, the contract was amended on February 16, 2011, to extend until April 30, 2011, the
temporary operation of the Big Pine Key and Marathon Animals Shelters and to provide animal control services
and enforcement of laws related to animals up to Mile Marker 70, including the City of Layton; and
WHEREAS, on April 20, 2011, the County awarded a contract to operate the Marathon Animal Shelter
and provide animal control services and enforcement of laws related to animals from Mile Marker 16.7 to Mile
Marker 70, including the City ♦ Layton, to Safe Harbor Animal Rescue of the Keys, Inc. (SHARK); and
WHEREAS, additional time is needed past the termination date of April 30, 2011, to allow transition of
services and operations from the Florida Keys SPCA to the new contractor, SHARK; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the contract
dated May 18, 2005, is hereby amended as follows:
L Section III(A)(2) shall read:
..........
email at least twenty-four (24) hours in advance of tflffihe ination of the extension. The annual
contract for the Key West Animal Shelter, service area, and operations remains at $32,970.44 per
month"
VS. All other provisions •' the original contract, as amended and renewed, not inconsistent herewith,
apply to the Big Pine Key and Marathon Animal Shelters and operations and shall remain in full force
and effect.
the Darties hereto �Pve c,?.u. t i4z
'KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COFLORIDA
By: �
eputy Clerk Ma or/ - ga,i-rm--aw,
THE FLO , A KEY SQ'C�EfY FOR TBE
PREVENTION OF CR L TO ANIMALS, INC.
By:
C5
CD
C7�
,j
4s' Amendment to Agreement FKSPCA extend services MM 16.7 to 70
Page 2
P AMENDMENT TO AGREEMENT
(Operation of Key West Animal Shelter, and temporary
operation of the Big Pine Key and Marathon Animal Shelters)
THIS 3'd AMENDMENT TO AGREEMENT is entered into this ,1L day of , 2011, by and
between the Board of County Commissioners of Monroe County, Florida (COUNTY), and THE ORIDA KEYS
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. (CONTRACTOR).
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19, 2006,
September 20, 2006, and May 17, 2007, and and renewed on April 21, 2010, to operate the Key West Animal
Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the contract was amended on September 8, 2010, to include the to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to animalstemporary operation
of the Big Pine Key and Marathon; and
WHEREAS, the County desires to hire Contractor on a temporary basis to operate the Big Pine Key and
Marathon Animal Shelters and to provide complete provide animal control services and enforcement of laws related
to animals up to Mile Marker 60, through February 28, 2011, pending re -bid of the contract for such services, and
WHEREAS, the contract was amended on October 20, 2010, to include temporary animal control services
and enforcement of laws related to animals for an additional ten miles up to Mile Marker 70, including the City of
Layton60; and
WHEREAS, additional time is needed to receive, open, analyze, and award new bid(s) for operation of the
Big Pine Key and/or Marathon Animal Shelters and services, beyond the termination date of February 28, 2011, as
currently provided; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the contract
dated May 18, 2005, is hereby amended as follows:
LM
1. Section III(A)(2) shall read:
"2- Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon Animal
Shelters and provide animal control services and enforcement of laws related to animals on a temporary
month -to -month basis for an eight 8 month period of time to terminate on April 30, 2011, if not
earlier terminated by either party upon thirty (30) days notice as provided in Section III. The annual
contract is increased from $32,970.44 per month to $54,926.82 per month."
other provisions of the original contract, as amended and renewed, not inconsistent herewith, apply
,k�.ey and Marathon Animal Shelters and operations and shall remain in full force and effect.
L. KOLHAGE, CLERK
Clerk
MONROE COUNTY ATTOR\;E°!
. _ APPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date I
BOARD OF COUNTY COMMISSIOARS!e
OF MONROE CO Y, ORIDA-' _
rri CD
co
By: ^"o — o
__
yor/ rman . - - a
_ n-I
�MFLO DA S �O TY LtTH-W o
EVENTION OFI�2Uf- Y TU AMMAXS, IBC.
2ad AMENDMENT TO AGREE V ENT
(Operation of Key West Animal Shelter, and temporary
operation of the Big Pine Key and Marathon Animal Shelters)
THIS 2°d AwNDmEN rr TO AGREEMENT is entered into this day of
2010, by and between the Board of County Commissioners of Monroe County, Florida (COUNTY), and
THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
(CONTRACTOR).
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19,
2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the contract was amended on September 8, 2010, to include temporary operation of
the Big Pine Key and Marathon Animal Shelters and animal control services and enforcement of laws
related to animals up to Mile Marker 60, pending re -bid of the contract for such services, and
WHEREAS, in addition to the current servicearea of mile' marker 0 to mile marker 60, the
contractor has agreed to provide temporary animal control services and enforcement of laws related to
animals up to Mile Marker 70; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the
contract dated May 18, 2005, is hereby amended as follows;
1. Section III(A) shall read:
"A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Florida, and provide
complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16;7
(the Harris Channel Bridge), including the City of Key West.
Effective September 1, 2010, and on a temporary month -to -mouth basis, pending, re -bid of
the Big Pine Key and Marathon Animal Control operations by the County, the Contractor
shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and
Marathon Animal Shelters located at 279 Industrial Road, Big Pine Key, Florida, and 10550
Aviation Boulevard, Marathon, Florida, and provide complete animal control and
enforcement services from Mile Marker 16.7 to Mile Marker 70, including the Cities of
Marathon, Key Colony Beach and Layton.-
2- All other provisions of the original contract, as amended and renewed, not inconsistent
�_q ith, apply to the Big Pine Animal Shelter and operations and shall remain in full force and
v a
l." Y L. KC+LHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By. �
By:
Deputy Clerk yor/Chairman
2°a Amendment to Agreement Page 1 of 2 October 20, 2010
(SEAL)
THE FLORIDA KEYS SOCffi TY FOR
Attest:
THE FREEN'TI F ?CRUELTY TO
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2nd Amendment to Agreement
Page 2 of October 20, 2010
AMENDMENT TO AGREEMENT
(Operation of Key West Animal Shelter, and temporary
operation of the Big Pine Key and Marathon Animal Shelters)
THIS AMENDMENT TO AGREEMENT is entered into this day of , 2010,
by and between the Board of County Commissioners of Monroe County, Florida (CO , and THE
FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
(CONTRACTOR).
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19,
2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the County desires to hire Contractor on a temporary basis to operate the Big Pine
Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related
to animals pending re -bid of the contract for such services for the Big Pine Key and Marathon Animal
Shelters, and
WHEREAS, in addition to the current Key West Shelter and it's service area, the Contractor is
willing to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services
and enforcement of laws related to animals up to Mile Marker 60; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the
contract dated May 18, 2005 as amended and renewed, is hereby amended as follows:
1. Section III(A) shall read:
"A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Florida, and provide
complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16.7
(the Harris Channel Bridge), including the City of Key West.
Effective September 1, 2010, and on a temporary month -to -month basis, pending re -bid of
the Big Pine Key and Marathon Animal Control operations by the County, the Contractor
shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and
Marathon Animal Shelters located at 279 Industrial Road, Big Pine Key, Florida, and 10550
Aviation Boulevard, Marathon, Florida, and provide complete animal control and
enforcement services from Mile Marker 16.7 to Mile Marker 60, including the Cities of
Marathon and Key Colony Beach."
2. Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon
Animal Shelters and provide animal control services and enforcement of laws related to
animals on a temporary month -to -month basis for a six (6) month period of time to terminate
on February 28, 2011, if not earlier terminated by either party upon thirty (30) days notice as
provided in Section III. The annual contract is increased from $32,970.44 per month to
$54,926.82 per month.
3. Section III(A)(8) is amended to read:
"8. HOURS OF OPERATIONS: At a minimum, the Key West Shelter shall be open to the
public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00
a.m. to 2:00 p.m., Eastern time, on Saturdays.
Effective September 1, 2010 and on a temporary basis;
I of 3
At a minimum, the Marathon Shelter shall be open to the public from 10:00 a.m. to 2:00 p.m.,
Eastern Time, Monday through Saturday.
The Big Pine Key Shelter shall have no regular hours for access by the general public, but
will be accessible to the public by appointment for the purpose of animal control services,
such as returning stray animals to owners.
Hours of operation may be adjusted only upon mutual written consent of the Contractor and
the County Public Works Director, or designee."
4. Section IX VEHICLES is amended to read:
"Contractor shall purchase one vehicle to be owned by Contractor, conditioned upon its title
being transferred to the County upon termination or expiration of this contract, to replace the
2003 Chevrolet Astro Van (Unit 0910/081) previously leased by County to the Contractor.
County hereby leases to the Contractor two (2) County vehicles currently assigned to the Big
Pine Key and Marathon Animal Shelters identified as follows:
L 2004 Ford F150 Truck (Unit 0910/082)
2- 2005 Ford F150 Truck (Unit 0910/1706)
5. In addition to the Key West Shelter, and in accordance with Exhibit E of the contract, the
Contractor shall obtain and maintain all required insurance coverage for the Big Pine and
Marathon Animal Shelters and operations, including the following insurance coverage
required by Section 9(c) through Section 9(f) of lease between the Utility Board of the City of
Key West, Florida, and Monroe County, dated July 23, 2008, and any renewal thereof.
General Aggregate $1,000,000.00
Products/Completed Operation $1,Q00,000.00
Personal and Advertising Injury $ 500,000 00
Each Occurrence $1,000,000.00
Fire Legal Liability Limit $ 100,000 00
Property, Windstorm and Flood Insurance with limits of coverage based on the current
replacement cost of the Big Pine Key and Marathon structure.
6. Section XXX. NOTICE REQUIREMENT is amended to read:
Any notice required or permitted under this agreement shalt 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
1100 Simonton Street
Key West, FL 33040
Dent Pierce, Director
Public Works Division
1100 Simonton Street, Rm. 2-231
Key West, FL 33040
FOR CONTRACTOR:
Connie Christian, Executive Director
Jane Dawkins, President
2of3
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
Florida Keys Society for Prevention of Cruelty to Animal, Inc.
5230 College Road
Key West, FL 33040
7. All other provisions of the original contract, as amended and renewed, not inconsistent
herewith, apply to the Big Pine Key and Marathon Animal Shelters and operations and shall
remain in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
(SEAL)
Attest:
By: _
Title:
By: ____
Title:
Deputy Clerk
WITNESS
WITNESS
3of3
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
THE FLORIDA
THE PREVENTI,
LE
Title: v r
i SOCIETY FOR
CRUELTY TO
MONROE C(DUN TY AT ORNE ;`
PPRQV .O AS TO FORM:
CHRISTINE M. Lt SERT BARROWS
ASSiSTA T ivTY ATTE7RNEY
Date
RENEWAL AGREEMENT
(Operation of the Key West Animal Shelter)
THIS RENEWAL AGREEMENT is entered into this y day of April, 2010, between
Monroe County Board of County Commissioners (COUNTY) and The Florida Keys Society for
the Prevention of Cruelty to Animals, Inc. (FKSPCA), (Contractor) in order to renew the
agreement entered into on May 18, 2005.
WIER.EAS, it is the intent of this Renewal Agreement to allow the County to exercise its
final option to renew the Agreement for an additional five-year period; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree
as follows:
I. In accordance with Section IV-REVEWAL of the agreement entered into on May 18,
2005, the agreement is hereby renewed for an additional five-year period.
2. The term of this Renewal Agreement shall be for a five-year period beginning July 1,
2010 and ending at 12:00 midnight on June 30, 2015
3. Effective July 1, 2010, the annual contract amount is increased by 2.1% CPI adjustment,
thereby increasing the annual payment to contractor from $387,507.60 to $395,645.26 or
$32,970.44 per month.
4. In all other respects, the remaining terms of the Agreement entered into on May 18, 2005,
not inconsistent herewith, shall remain if full f
orce and effect.
'WITNESS WHEREOF the
parties have caused these presents to be executed in the
-rcfive names.
4 Atteit:
`IA1NY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF 7i2;z-
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Attest:
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THE FLORIDA KEYS SOCIETY FOR
THE PREVEIVONA¢RUELTY TO
Lo
President
bIO E COUPff
RO D RO J.ASSiSTA"1TC'.
s1 .
SWORN STATEMENT UNDER ORDINANCE NO 10 1990
MONROE COUNTY FLORIDA
ETI IfCS CLAUSE
i �.� �', warrants that he/it has not employed, retained or
otherwise had act on hi i behalf any former County officer or employce in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, or consideration paid to
the former County officer or employee. \ A gi
Usignature)
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STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority, �Lpc
JD q W 9' w S who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this .31 day of ^4-Bc
2010.
OMB - MCP FORM #4
My commission expires:
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NOTARY PUBLIC I U
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ADDENDUM
THIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County
Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a CPI increase of 2.5% effective July 1, 2007 through June 30, 2008,
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence:
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 available.
2. The remaining terms of the Agreement entered May 18, 2005, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
Attest:
DA KOLHA E, CLERK
'7
Deputy Clerk
Attest:
By:
Secretary
OR WITNESSES:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor, Mario Di Gennaro
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INC.
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President r-
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to
MONROE COUNTY ATTORNEY
ROVED AS R
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COU AT7 67
Date
ADDENDUM
`PHIS ADDENDUM is entered into this 2e day of September, 2006, between the Monroe County
Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a CPI increase of 3.4% effective July 1, 2006 through June 30, 2007;
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence
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 available.
2. The remaining terms of the Agreement entered May 18, 2005, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties
have caused these presents to be executed in their
respective names.
BOARD OF COUNTY COMMISSIONERS
a.
OF MONROE COUNTY, FLORIDA
t
A t
s D L. OLHAGE, CLERK
�-
B Y:
Mayor, Charl "S y" McCoy
- = deputy Clerk
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INC.
By:
Attest:
Presi ent
By:
Secretary
OR WITNESSES:
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MONROE COUNTY ATTORNEOV
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CONTRACT
(Operation of Key West Animal Shelter)
THIS CONTRACT, is entered this 18th day of May. 2005, by and between the
Board of County Commissioners of Monroe County, Florida (COUNTY), and THE
FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC.,
(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 for a five (5) year period beginning, July 1. 2005 and ending at
12:00 midnight on June 30, 2010. The term of this agreement shall be renewable in
accordance with Section IV.
II. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $365,625.00 per annum. The County shall pay the Contractor on
a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or
$ 30.468,75 per month. The Contractor shall provide a monthly invoice on the 1'd day of
each month to the Division of Community Services, and payment shall be made on or
about the 1st day of the following month. In the event that funds are partially reduced or
cannot be obtained or continued at a level sufficient to allow for the purchase of the
services contemplated, then the contract may be terminated immediately at the option of
the County upon written notice of termination being delivered in person or by mail to the
Contractor. The County will not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of immediate termination.
III. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
operate the Key West Animal Shelter located at 5230 College Road, Key
West, Florida, 33040, and provide complete animal control and enforcement
services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including
the City of Key West.
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 Director of Community Services or his 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. I013-3.091,
Procedures for Control of Specific Communicable Diseases and Chapter 64B 16-
29, Animal Control Shelter Permits.
CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that
are brought to the Shelter or which become the responsibility of
the Shelter. All animals in the custody of the Contractor shall have
a constant supply of fresh water and be fed a diet appropriate for
their species, breed, age and physical condition.
(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 Director of Community
Services 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 place for flea and tick control. Contractor shall seek
funding sources to enable provision of feline leukemia virus testing
and, upon obtaining such funding, shall provide feline leukemia
virus testing for all adoptable kittens and cats.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the
Shelter, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner.
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 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
Community Services or his designee as to form and practicality.
All adoptable animals will be available for inspection by the public
during normal working hours. The Contractor shall utilize the
Adoption Agreement attached hereto as EXHIBIT "A," unless
modified by written and signed directive from the Director of
Community Services.
(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 prior to releasing the
animal or transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue
license certificates for dogs as required by the Monroe County Code
and collect the fees established by County Resolution therefor. The
Contractor will be responsible for determining that all requirements
have been satisfied by an applicant prior to issuing a license certificate
and shall remit all fees therefor to the County.
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 absolute& require sterilization
ofall 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 Shelter shall be open
to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday,
and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays.
Hours of operation may be adjusted only upon mutual written consent of the
County and the Contractor.
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
Community Services, 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 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;
4. Picking up dogs that are running at -large;
5. Picking up cats or raccoons captured in cat or 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 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.
C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, license certificates, citations, penalties, adoptions, etc. In this
regard, the Contractor shall issue receipts and keep appropriate records of all funds
received and shall provide the Director of Community Services or his designee with
copies of daily cash reconciliation forms, daily bank deposit information and
original license certificates that are issue on a bi-weekly basis. 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 Community Services or his designee, said
affidavit form is attached hereto and marked Exhibit "B." The Contractor shall
only charge fees as outlined in Monroe County Resolution No. 496-2000, as same
may be amended from time to time; said Resolution is attached hereto and marked
Exhibit "C." The Contractor shall not charge any other fees for services at the
Shelter unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services
or his designee with copies of all bite reports and citations that are issued on a bi-
weekly basis. Contractor shall submit on a monthly basis to Director of Community
Services the following reports:
(1) Adoption Reports, by species & age (mature/immature), with separate
accounting showing
Pure breed; returns and reasons; adoption denials.
(2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also
showing manner received (telephone call, letter, visit to office, encounter in
course of duties); and the action taken for each.
(3) Euthanasia, by species & age (mature/immature), and showing number which
were feral, diseased or injured.
(4) Number of animals taken in, by species & age (mature/immature) and
showing numbers brought in, picked up & redeemed.
(5) County Fees collected, designating the fees collected for each of the
following: licenses,
pick-up, intake, boarding, adoption, disposal & euthanasia.
(6) Average number of days of boarding by species & age (mature/immature).
(7) Total number of animals (by species) at the shelter at beginning of month and
the total number of animals (by species) at the shelter at the end of the month.
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.
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.
IV. RENEWAL:
The County shall have the option to renew this agreement after the fifth year, 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 12 months available.
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all
applicable fees for any permits and licenses necessary to operate the Shelter. 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.
VI. 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.
VII. 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.
VIII. 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.
IX. VEHICLES:
The County hereby leases to the Contractor one (1) County vehicle currently assigned to
the Shelter identified as follows:
2003 Chevrolet Astro Van (Unit 0910/081)
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 `°D." 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's current annual rates, or utilize private garages and
provide receipts to the Director of Community Services or his 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.
X. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners and the County Court of Monroe County from any and
all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor
or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained within this agreement.
Prior to commencing services under this agreement, the contractor shall furnish the
Owner Certificates of Insurance as indicated on forms entitled General Insurance
Requirements for Animal Control Contracts, Animal E&O, EDZ, GLAnimals, VLI,
WCI, All Risk Property Insurance and TCS, as attached hereto and incorporated as in
EXHIBIT "E."
XI. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received
at the Shelter by Contractor. Said donations shall be used by Contractor only for the
benefit of shelter animals or animals for which Contractor provides spay/neuter or other
services, and shall not be used to defray or reduce County funding in the future. 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, minus an amount not to exceed 5% of the
total collected for administrative expenses, are in fact donated to the Contractor for the
benefit of shelter animals. 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.
XII. 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.
XIII. 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.
XIV. 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.
XV. MAINTENANCE:
The Contractor shall 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 repairs, the County must be notified, in writing, of repairs
estimated to cost over $1,000.00. If such repairs are approved by the County, the
Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs.
XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding properties without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Community Services or his
designee. Requests for events shall be requested by the Contractor in writing and
approved by the County Administrator in writing. Funds raised by the Contractor from
fundraising or events at the Shelter shall only be used to benefit the shelter animals or
animals for which Contractor provides spay/neuter or other services, and shall not be
used to defray or reduce County funding in the future.
XVIII. NON-DISCRD&NATION:
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.
)(IX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted
accounting principles, and allow the County to inspect its books and records and the
shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense,
provide the County with an annual audit prepared by an independent Certified Public
Accountant. Contractor shall retain all records pertaining to this agreement for a period
of three years after term expires.
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.
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 above 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 Shelter in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
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 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.
XXVHI. 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.
NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041-1026
and
James E. Malloch, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
Gwen Hawtof, M.D. President
Florida Keys Society for Prevention
of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 408N
Key West, FL 33040
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.
X3XIII. 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.
XXXOII. 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).
XXXIV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below,
certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its
corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
hAAAMEMI M 111 M91310310M
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.
WHEREOF the parties hereto have executed this Agreement on the day
'tten above in four (4) counterparts, each of which shall, without proof or
other counterparts, be deemed an original contract.
KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Byy By: .t u
Deputy Clerk Mayor/Chairman
(SEAL) FLORIDA KEYS SOCIEITY FOR
PREVENTION OF CRUELTY TO
ANIMALS, INC.
Attest:
By: By:
WITNESS Title: re
By:
WITNESS
MONROE COUNTY ATTO EY
APPROVED
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