Item F1 �s F.1
r`,
4 ' ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe
' \,a� Mayor Michelle Coldiron,District 2
�1 llll Mayor Pro Tem David Rice,District 4
The Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 25, 2021
Agenda Item Number: F.1
Agenda Item Summary #8289
BULK ITEM: Yes DEPARTMENT: Animal Control
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289-6051
no
AGENDA ITEM WORDING: Approval of a First Amendment to the contracted dated July 15,
2020 with the Humane Animal Care Coalition. This amendment will clarify conflicting language to
better align with intent and spirit of the payment method understood by both parties to be the
agreement.
ITEM BACKGROUND: On July 15 2020 BOCC and Humane Animal Care Coaliton (HACC)
entered into a contract for the provision of animal control services and enforcement of laws related
to animals with an annual maximum reimbursement. The monthly limit on reimbursement(1/12th of
the annual amount),present in previous contracts, was removed to allow reimbursement of annual
expenses (such as insurance premiums)to be reimbursed in the month in which they occurred. This
wording is reflected in Section II, Amount of Agreement/Availability of Funds.
The clerk's finance department believes the language in Section III, Payment, referencing"if a
reimbursement request is less than the per month reimbursement amount of$27,083.33 (monthly
amount)" contradicts the earlier language (Section II). This change removes the contradictory
language from Section III. The clerk's Finance Director agrees that this change will allow
reimbursement as intended.
This contractual change in 2020 was done to eliminate the extra cost associated with the vendors
paying financing charges for contractually required services (e.g. insurance) and to eliminate the
rollovers of funds that occurred throughout the term and annually throughout the contract.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approval of the Contract with HACC dated July 15, 2020
CONTRACT/AGREEMENT CHANGES:
removes language in conflict with intent of annual vs monthly payment caps
STAFF RECOMMENDATION: Approval
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F.1
DOCUMENTATION:
HACC 1 st Amendment-signed
!2020.07.15 HACC contract
2021-05-19 email from Finance
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date:
Total Dollar Value of Contract: $325,000.00 (no change)
Total Cost to County:
Current Year Portion:
Budgeted: yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant:
County Match:
Insurance Required: Per contract and unchanged by this amendment.
Additional Details:
N/A
REVIEWED BY:
Kevin Wilson Completed 05/20/2021 10:14 AM
Paunece Scull Completed 05/20/2021 10:39 AM
Purchasing Completed 05/20/2021 3:56 PM
Budget and Finance Completed 05/20/2021 4:13 PM
Maria Slavik Skipped 05/20/2021 4:10 PM
Liz Yongue Completed 05/21/2021 2:35 PM
Board of County Commissioners Pending 05/25/2021 10:30 AM
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F.1.a
FIRST AMENDMENT TO
CONTRACTBETWE]"N HUMANE ANIMAL CARE
COIJ
(Operation ti of per rays AnimalControl Streeter" and UpperKeys Animal Control)
HI FIRSTAMENDMENT, is entered this day of ......_. � . 2021,
to the Contract between Humane Artie-rtati Carr Coalition, Inc. °"C"oNTR CTC t "` :and the oard �
of County Commissioners of Monroe County,nty, Honda (hereafter "COUNTY"), dated July 15.
2020.
WHEREAS,, the Contrast CONTRA.urOR and C,0UNTY was enLered into on
the "' day of July, 2020, to provideani.rnal controlset-vices and enforcement of la r related to E
axrainads;, and
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WHEREAS,, the parties agree that the Conti-act should be arnended to clarity the
payment rnet'hod that was agi cd upon at the initiation ofthe Contract,
t, �
WHEREAS, the language in Section Ili, Payment, referenced, as`°rntttrtiriy arnoararr "that
shall be removed.
NOW THEREFORE, in considerati€rra of the rrrr.rtrr i pr°oinises and considerations, tirl
parties agree ee to arrtaend the Contract as tttiieawso
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i. Section 111. P d '., 'i, parna r°aria i, of the Contract shall be aarnended to read in its >
tD
entirety as follows:
Payment shall be rnade in accordance nc with the Local Government Prompt Payment act„ 218,70
(F. . . Payment will be rnade periodically,lly,but no less than. crra am rra trti.iy basis, on rr v,
reinibursement basis, as hereinafter sit forth, R.. ir"YAburs anent r qL!eStS will be sub-Initted to the
Boards' designated representative, 'Fhe County shall only r eiin'rarrr•se, subject to the fundedE
arnourits above,, those r°e rr errs ble lexpenses which arias: reviewed and approved s complying
with Monroe County Code of Ordinances, State laws :and regulations and Attachment .
Expense i e;irnNwse.mer:rt Requireincots. Evidence ofpayment by the Contractor sliml be in the
form of a letter, with attached.sprearlsheet sr.rrantnar•i inn the expenses,ns€Ms, with support.irr
documentation a axis t,,ira��caices aatt,ache . The letter•should contain a notarized
certification Lion statement, An exarraritle of a r*e gn�i r°senrsrrrt request cover letter is ii,.chided as
Attachment B. The Contractor's Carmel invoiceniust.be received within sixty s) days affter the
t rtrtrnation. date of this contract as shown in Arlicle I above,
ve, �
. The remaining paragraphs contained in Section 111, not inconsistent herewith, shah
remain in firii force and efTect.
?. 'I'lic reniaairairig tcrrrrs oftlie Cotrtrac,t, riot i,ti(., nsist art.iacrevvith, siraaii rerr ai iti. irrmi. Csarc(a-
and. effect.
Packet iPg. 225
fN wrrNESS WHEREOF the parties hereto have executed this Agreeirient on the day and
date first written above,
(SEAL)
Attest: KEVTN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bw Bv:
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As Deptity- Cled-<' Miwor"Chamaiari
(SEAL) CONTRACTOR, E
Attest,
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WITNESS E
Title.- Title:
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Title:
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Paunece DN:canl—lyP sagned by Pau on—ecMesncruo I
D nece Scull, oc County,ou—Monroe County Attoi
Office,email—Scull-
Pau neceC.MonroeCou nty-FL.Gov
Scull Date:2021.05.21 11:14:46-04'00' <
05/21/21 E
Packet Pg. 226
cow4r��
�:•° Kevin Mad* CPA
Clerk of the Circuit Court&Comptroller— Monroe County, Florida
DATE: July 22, 2020
TO: Kevin G. Wilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: Pamela G. Hanc .C. m
SUBJECT: .July 15' BOCC Meeting
Attacl►ed is an electronic copy of Ilie following it.eni for your handling: CL
C10 Contract witli die Humane Animal Care Coalition, retroactively to July 1, 2020, of'
(lie Board's approval on May 20, 2020, of a live year for animal control services in the []pper
Keys.Tlie cited attachments and exlubils to lie contract were inadvertently oinitted from the
agenda backup and are now included.'rlie contract amount is $325,000/year and it is 111nded from
ad valorem revenues. j
Should you leave any questions please feel free to contact ine at (305) 292-3550. W
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cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 overseas Highway 88820 overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan ti FI ri 70
305-294-4641 305-289-6027 305-852-7145 3o5i acket Pg.227
CONTRACT
(Operation of Upper Keys Animal Control Shelter and Upper Keys Animal Control)
THIS CONTRACT, entered this 15th day of July , 2020, by and between the
Board of County Commissioners of Monroe County, Florida(hereafter"County" or`Board"),
and Human Animal Care Coalition, Inc. (hereafter"Contractor").
WHEREAS, County has certain responsibilities under State and County laws to provide animal
control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to
the County that a contract be entered into with a private provider of such services;
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein,the
parties agree as follows:
I. TERM OF AGREEMENT:
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This agreement shall be effective on July 1, 2020, and end at 12:00 midnight on June 30, 2025.
The term of this agreement shall be renewable in accordance with Section V.
II. AMOUNT OF AGREEMENTIAVAILABILITY 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 a sum not to exceed
THREE HUNDRED TWENTY FIVE THOUSAND and no1100 DOLLARS($325,000.00)per 0
year on a reimbursement basis.
Reimbursements will be made not more frequently than monthly. All expenses allowable under LO
this contract will be reimbursed until the not to exceed maximum for the contract year is reached.
If this contract is terminated on any date other than the annual anniversary date of the contract,the
contractor will repay to the County any reimbursements received that exceed the prorated amount
based on the percentage of the contract year elapsed as of that termination date. Allowable ®:
expenses will only reimbursed in the contract year in which they were incurred (i.e. expenses
incurred in one contract year will not be "rolled forward" for reimbursement in a subsequent year
just because the prior year's maximum reimbursement was already paid). If less than the
maximum reimbursement was claimed in any contract year,those funds shall revert to the County
(i.e., unused funds at the end of the contract year shall not be "rolled over" into the next contract
year).
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the BOCC.
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If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the Contractor.
The Board shall not be obligated to pay for any services or goods provided by the Contractor after
the Contractor has received written notice of termination, unless otherwise required by law.
III. PAYMENT:
Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70
(F.S.). Payment will be made periodically, but no less than on a monthly basis, on a
reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the
Boards' designated representative. The County shall only reimburse, subject to the funded
amounts below, those reimbursable expenses which are reviewed and approved as complying
with Monroe County Code of Ordinances, State laws and regulations and Attachment A-
Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the
form of a letter, with attached spreadsheet summarizing the expenses, with supporting
documentation(e.g. copies of invoices) attached. The letter should contain a notarized
certification statement. An example of a reimbursement request cover letter is included as ,
Attachment B. The Contractor's final invoice must be received within sixty (60) days after the
termination date of this contract as shown in Article I above. If a reimbursement request is less
than the per month reimbursement amount of$27,083.33 (monthly amount), the unused balance
will be rolled over and available for future month's reimbursement request within the annual
contract period, but unused funds will not be rolled over to the next contract year.
The Contractor may seek a request for reimbursement for annual payment on invoices that cover future periods, receipt of goods or services (e.g. insurance premiums, monitoring of alarm
systems etc.), but the Contractor must provide a sworn affidavit attesting that any refunds/credits
of monies shall be repaid to the County together with interest calculated pursuant to Sec. 55.03,
Fla. Stat., running from the date the monies were paid to Contractor.
After the Board and the Clerk of the Board examine and approve the request for reimbursement, LO
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.
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The Contractor must provide to the County the documentation listed in items (a) through (h) at
execution of the contract and when it changes or is replaced by an updated copy or upon request
by the County. Payments are subject to this information being provided:
(a) IRS Letter of Determination indicating 501(c)(3) status and GUIDESTAR printout
indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture, as required by Florida
Statute 496.405, and the Florida Department of State, as require by Florida Statute
617.01201, or proof of exemption from registration as per Florida Statute 496.406.
(c) List of the Organization's Board of Directors; for each board member please indicate when
elected to serve and the length of term of service;
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(d) Evidence of annual election of Officers and Directors;
(e) IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate By-Laws, which must include the organization's mission, board
and membership composition, and process for election of officers;
(g) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(h) Unqualified audited financial statements from the most recent fiscal year for all; if
qualified, include a statement of deficiencies with corrective actions recommended/taken;
audit shall be prepared by an independent certified public accountant(CPA)with a current
license, in good standing with the Florida State Board of Accountancy. The CPA that
prepares the audit must also be a member of the American Institute of Certified Public
Accountants (AICPA). The CPA must maintain malpractice insurance covering the audit
services provided and the County shall be considered an"intended recipient"of said audit.
Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
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IV. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing,equipment,and supplies necessary to provide
complete animal control and enforcement services from Mile Marker 70 to Mile
Marker MM 112 including Ocean Reef and the Village of Islamorada, on a ca
twenty-four hour, seven days per week basis, and to operate the Upper Keys Animal
Shelter located at 105951 Overseas Highway, Key Largo, Florida 33037, (hereinafter --
"Shelter"or"service area").
1. STAFF: The Contractor will fully staff,operate, and perform all current
functions of the Shelter,as further identified in the training manual to be
prepared by Contractor; said training manual will be reviewed and
approved by the County Administrator or his designee prior to LO
implementation. The Contractor shall provide a list of employees by r
name and title, including but not limited to, shelter manager(s) and
animal control officer(s). Since this contract is a service agreement,
staffing is of paramount importance. Contractor shall provide services
using the following standards, as a minimum requirement:
a. The Contractor shall provide all necessary personnel to provide the
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.
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 64D-3.028, Florida Administrative Code(F.A.C.)-Procedures
Upper Keys Animal Control Contract Page 3
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for Control of Specific Communicable Diseases and 641316-29, F.A.C. - Animal Control
Shelter Permits.
3. CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that are
brought to the Shelter or which become the responsibility of the Shelter. 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 Shelter. The primary drug to be utilized for
euthanasia shall be sodium pentobarbital, and the Contractor shall ca
administer euthanasia to those animals designated for destruction in a
humane manner and consistent with state and county laws and regulations.The Contractor's personnel who perform euthanasia will have appropriate
certificates attesting to the employee's authority to perform euthanasia, and
copies of the certificates will be forwarded to the County Administrator or
his designee.
(d) The Contractor shall provide heartworm testing to all adoptable dogs, LO
provide deworming to all adoptable animals, and shall have a program in r
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. 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
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shall follow appropriate criteria to insure that each companion animal is
given a suitable home through basic screening procedures that evaluate both
the animal to be released and the potential adopter in an effort to assure that
the animals adopted are being placed in long-term homes. The screening
procedures shall be reviewed periodically by the County Administrator or
his designee as to form and practicality. All adoptable animals will be
available for inspection by the public during normal working hours. The
Contractor shall utilize the Adoption Agreement attached hereto as Exhibit
"G1" unless modified by written and signed directive from the County
Administrator or his designee.
(c) The Contractor shall enforce the provisions of the contract, including, but
not limited to,taking any action necessary to ensure that an adopted animal
is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats,and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit"B." The Contractor will
be responsible for determining that all requirements have been satisfied by an
applicant prior to issuing a license certificate and shall remit all fees to the
County. The license certificates and corresponding tags are numbered and
tracked, and Contractor is responsible for returning copies of each numbered
certificate that is either issued or voided (including tag for all voids) to the --
County Administrator or his designee on a bi-weekly basis.
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:
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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 deceased 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
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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
animals prior to release to adopter. Other guidelines shall address, at a CL
minimum: '
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing
care, safe environment, and veterinary bills for life of the animal.
c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful
placement. --
8. HOURS OF OPERATIONS: At a minimum: the Upper Keys Animal Shelter
shall be open to the public from 9:00 a.m. to 6:00 p.m., Eastern Time, Monday through
Friday, and 9:00 a.m. to 5 p.m. on Saturday.
Hours of operation may be adjusted only upon mutual written consent of the County and LO
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 F1a.Stat. 828.27
(40 hours of training curriculum approved by the Florida Animal Control Association);
said training shall be completed on a timely basis after a 90-day probationary period. The
Contractor is to provide the County Administrator, or his designee, with copies of the
Animal Control Officer Training Program Certificates.
2. Emergency services(24-hours per day/7-days a week) for Priority One calls which
are:
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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 deceased 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.
0
9. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, contact law
enforcement and/or Monroe County State Attorney's office to consult on LO
Contractor's investigation, issue citations (Resolution No. 290-2010 and animal
control citation form attached hereto in Exhibit"G3"),and/or prosecute all persons
charged with violation of said 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, such as license certificates, citations, penalties, adoptions, etc. required
to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46 and 4-66, and
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
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and marked Exhibit"B." Checks received for these fees shall be made payable to Monroe
County and remitted directly to the County. In this regard, the Contractor shall issue
numbered receipts and keep appropriate records of all funds received and shall provide to
the County Administrator or his designee on a bi-weekly basis copies of daily cash
reconciliation forms, daily bank deposit information and original license certificates that
are issued or voided. All funds must be deposited into specific Monroe County bank
accounts, and all requests for waiver of any fines or fees owed to the County must be
submitted in writing on the County-approved affidavit form to the County Administrator
or his 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 Shelter unless approved in writing by the
Contractor and the Board of County Commissioners in the form of a contract amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the County pursuant to Sec. 4-39, Monroe County Code, the animal control
contractors may charge animal owner(s) or potential adopter(s) for services, including
sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the
County,and any other services provided to the public which are not required by the County
contract. The Contractor shall charge no more to the public than the average cost of any E
of the services provided which are not required under this contract. ,
D. REPORTS. On a bi-weekly basis, Contractor shall provide the County Administrator or
his designee with copies of all bite reports and citations that are issued. On a monthly basis,
Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4," as
same may be amended from time to time.
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E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other
natural disaster, the Contractor shall make its best efforts to properly house and care for all
animals. In this regard, the Contractor shall designate sufficient staff who will be able to LO
remain in the County to care during the disaster for the animals that have not been evacuated
and after the disaster for animals not evacuated and any animals that are at large. The
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 if possible 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.
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
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the Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in the Agreement.
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one (1)
additional five-year period. The annual contract amount agreed to herein shall be adjusted
annually in accordance with the percentage change in the Consumer Price Index(CPI)for all urban
consumers (CPI-U)for the most recent twelve(12)months ending in December of each year. The
annual contract amount will be adjusted on October 1st of each year based on the change in the
CPI (all goods, all US consumers, not seasonally adjusted) as of the preceding December. The
first such adjustment will be applied on October 1, 2021, and annually thereafter.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain, and pay all applicable fees for any permits and licenses
necessary to operate the Shelter; a list of the currently required permits is attached hereto and E
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 M
performance of the activities herein described,subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The Contractor has, and shall maintain throughout the term of this contract, appropriate
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner.
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VII. INDEPENDENT CONTRACTOR:
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:
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A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
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 Shelter. All utility
accounts will be held in the Contractor's name.
X. VEHICLES:
No County vehicles are provided. The contractor is responsible for providing and maintaining
vehicles to provide the contracted service. The County acknowledges the need for up to two (2)
vehicles. At the inception of this contract, the current vehicles are 2013 and 2019 models. The
County agrees to provide funds to purchase replacements no earlier than when they reach five (5)
years of service.
a�
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate its vehicle(s).
If County funds are used to acquire any vehicles, then upon termination or expiration of the
contract those vehicles will become the property of Monroe County,unless otherwise agreed to by
the County.
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XI. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County LO
Board of County Commissioners,and its elected and appointed officers,officials,agents,servants,
and employees from any and all claims, demands, or causes of action for bodily injury(including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, recklessness, intentional wrongful
misconduct, errors, or other wrongful act of omission of the Contractor or its Subcontractors in
any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
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, Veterinarian Professional Liability and ALL
RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as
shown in attached Exhibit "C," and all other requirements found to be in the best interest of
Monroe County as may be imposed by the Monroe County Risk Management Department.
General Insurance Requirements
As a pre-requisite of the activities governed by this contract(including the pre-staging of personnel
and material),the Contractor shall obtain,at their own expense,the types and amounts of insurance
specified herein, which are made part of this contract.
CL
The Contractor will not be permitted to commence any activities governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified herein.
The Contractor shall maintain the required insurance throughout the entire term of this contract.
Failure to comply with this provision may result in the immediate suspension of all activities until
the required insurance has been reinstated or replaced. --
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either: LO
• Certificate of Insurance
N
N
or
• A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
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The Contractor from any liability or obligation assumed under the contract or imposed by law.
The Monroe County Board of County Commissioners,its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation and Professional
Liability coverages.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled"Request for Waiver of Insurance Requirements" and approved
By Monroe County Risk Management.
XII. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all
donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or CL
(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 U
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 advertisements/fliers and other material make it clear that the funds are to be used
outside of the County. In the case of donations solicited by third parties on behalf of the
Contractor, the donating entity must make its financial records pertaining to the donated funds
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 LO
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.
The Contractor shall be responsible for making any repairs or maintenance to the real property,
including buildings, under $1,000.00. For any repairs or maintenance to the real property,
including buildings,which would cost over$1,000.00,the Contractor shall contact Monroe County
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Public Works. The County will evaluate the maintenance and/or repairs requested by the
Contractor,and if deemed necessary,will facilitate the maintenance and/or repairs over$1,000.00.
A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more.
Prior to purchasing a capital asset with County funds,the Contractor shall notify and seek approval
in writing from the County Administrator or his designee.The Contractor will be required to obtain
price quotes for items above $10,000.00 in accordance with the County's Purchasing Policy. The
Contractor may be required, if directed by the County Administrator or his designee, to obtain for
price quotes for items costing less than$10,000.00.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County. The Contractor shall maintain a list of all capital assets even those purchased without
County funds, noting whether acquired with County funds or other funding sources and the
Contractor shall provide said list to the County Administrator or his designee, as amended, when
additional capital assets are acquired. Property acquired with County funds will be inventoried
pursuant to Chapter 274, Florida Statutes.
All fixtures, equipment, signs and tangible personal property provided by the Contractor used on
the premises by Contractor shall at all times be and remain the property of the Contractor.
Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal
property or any part thereof, from the premises during the term of this contract, at the expiration
thereof or within a reasonable time thereafter;provided,however that Contractor,in doing so does
not cause irreparable damage to the premises, and further provided that Contractor shall pay or
reimburse County for the reasonable expenses of repairing damage caused by such removal. Any --
damage claims by the Count must be provided, in writing, to the Contractor within fifteen (15)
days of termination of the contract.
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XIV. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an LO
inventory of all supplies, materials,medicines and equipment at the Shelter and the inventory
lists prepared therefrom shall be signed by both parties hereto.
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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:
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The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelter,including kennel areas,cages, and euthanasia room(s)and all equipment
in a clean, safe, and sanitary manner.
b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and
equipment in order to keep same in proper working condition. The Contractor shall be responsible
for making any repairs or maintenance to the real property, including buildings, which cost
$1,000.00, or less. For any repairs or maintenance to the real property, including buildings, which
cost over$1,000.00,the Contractor shall contact Monroe County Public Works. The County will
evaluate the maintenance and/or repairs requested by the Contractor,and if deemed necessary,will
facilitate the maintenance and/or repairs over $1,000.00. If such repairs are approved by the
County Administrator or his designee, the Contractor shall only pay the first One Thousand and
00/100 ($1,000.00) from its Annual Contract Payment Amount, as set forth in Section II above,
the cost regardless of the total cost of said repairs. The Contractor will accept the facilities and
equipment in"as is"condition. All operating supplies and any additional equipment such as catch-
all sticks, cages and the like shall be the responsibility of the Contractor. CL
c) Contractor shall have the right during the term of the contract to construct, re-construct, re-
model,paint,decorate,and re-decorate the Shelter;provided however,that all such improvements
to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits,
and prior written approval from the County Administrator or his designee is obtained; written
approval by the County Administrator or his designee shall not be unreasonably withheld. All
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 LO
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 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 animal 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.
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In general, the only financial transactions to be conducted at the shelter shall be for collection of
Monroe County fines as listed in Monroe County Code Section 4-39,4-45, 4-46 and 4-66, and the
fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from
time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4-39 of the
Monroe County Code.
Contractor shall account separately for all donations and funds received:
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 shelter
animals in Monroe County or other services not mandated by the contract and may only be applied
to the organization's operational mission within Monroe County unless there is documentation that
the donor wanted the donation to be used for any mission purpose,whether in or out of the County,
or the fundraising fliers and other materials make it clear that the funds are to be used outside the
County.
XVIII. NON-DISCRIMINATION: c,
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 VII of the Civil Rights Act of
1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, LO
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended r
(20 USC §§ 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 § 794), which prohibits
discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended(42
USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of
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, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
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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/RIGHT TO AUDIT AND FACILITIES/AUDIT/
ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
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, Fla. Stat., running from the date the monies were paid to Contractor.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope of
Services, which shall include but not be limited to accounting records (hard copy, as well as '
computer readable data if it can be made available); and supporting documentation; general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of
Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may in
County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any contract document(all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees, witnessing the distribution
of payroll,verifying payroll computations,overhead computations,observing vendor and supplier
payments, miscellaneous allocations, special charges, verifying information and amounts through LO
interviews and written confirmations with employees, Subcontractors, suppliers, and contractors
representatives. All records shall be kept for ten(10) years after Final Completion of the Scope of
Services. The County Clerk possesses the independent authority to conduct an audit of Records,
assets, and activities relating to this Scope of Services. If any auditor employed by the Monroe ®:
County or County Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies
together with interest calculated pursuant to Section 55.03,F.S., running form the date the monies
were paid to Contractor. The right to audit provisions survives the termination of expiration of this
Agreement. 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.
The Contractor shall also allow the County to inspect the shelter property, facility, or vehicles at
any reasonable time.
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XX. PUBLIC RECORDS:
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,
papers, letters or other "public record" materials in its possession or under its control subject to
the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor
in conjunction with this contract and related to contract performance. The County shall have the
right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure
of the Contractor to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract,the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law. 0
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor LO
does not transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records
in possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract,the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
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County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody,release, alter,destroy or otherwise dispose of any public °3
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
PUBLICRECORDS(a,)MONROECOUNTY-FL.GOV,MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST,FL 33040.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given, 2
bartered, or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
LO
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
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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 periodically to inspect Contractor's maintenance of the premises, and care provided to
animals. The Contractor agrees that the County Administrator may designate representatives to
visit the facility periodically to conduct random open file evaluations during the Contractor's
normal business hours.
XXIV. TERMINATION WITHOUT CAUSE:
The Parties may terminate this agreement without cause by providing written notice of termination
at least ninety(90)days prior to the date of termination in accordance with the Notice Requirement
set forth in Section XXX below.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
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.
0
For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County LO
shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant
written notice and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Section 287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement
if the conditions of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan
List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the option of (1)
terminating the Agreement after it has given the Contractor/Consultant written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
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X V1. UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Party to perform its obli{ovations under this A. reement will be excused
to the extent that the delay or failure was caused directly by an event beyond such Parry's control,
without such Party's fault or negligence and that by its nature could not have been foreseers by such
Marty or, if it could have been foreseen, was unavoidable: (a) acts of Clod; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic
area of the Project; (c) war, invasion., hostilities (whether war is declared or not), terrorist threats
or acts, riot,or other civil unrest in the geographic area of the Project; (d)government order or law
in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the
date of this Agreement; (f) action by any governmental authority -prohibiting work in the
geographic area of the Proiect9(eachs a "Uncontrollable Circurn stance'°l, CONTRACTOR'S
financial usability to perform,changes in cost or availability of materials, components,or services,
market conditions, or supplier actions or contract disputes will not excuse verformanee by
Contractor under this Section, Contractor shall give County written notice within 7 days of"any
event or circuinstance that is reasonably likely to result in an Uncontrollable Circumstance, and
the antici ated duration of such Incontrollable Circumstance. Contractor shall use all dilivent
efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are rninirnized and resurne full performance under this Agreement. The County will a
not pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only �
seek a no cost Change Order for such reasonable time as the Owners Representative may
determine. '
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: LO
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, principals and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract,as provided in Sec.
112.311, et. seq., Florida Statutes.
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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
fiu they 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 party by certified mail, returned receipt requested, to the
following:
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FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street 1111 12th Street, Suite 408
Suite 205 P.O. Box 1026
Key West, FL 33040 Key West, FL 33041-1026
FOR CONTRACTOR:
Thomas Garrettson
283 Saint Thomas Avenue
Key Largo, Florida 33037 LO
XXXI.TAXES:
N
N
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 the 161" Judicial Circuit in and for Monroe County, Florida. In
the event of any litigation, the prevailing party is entitled to attorney's fees and costs.
Upper Keys Animal Control Contract Page 21
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XXXIII. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide goods or services to a public
entity,may not submit a bid on a contract with a public entity for construction or repair of a public
building or public work, may not submit Proposals on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list. (CATEGORY
TWO: $35,000.00).
XXXIV. SEVERABILITY:
If any term, covenant, condition or provision of this contract (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction,the remaining terms,covenants,conditions and provisions of this contract,
shall not be affected thereby; and each remaining term, covenant, condition and provision of this
contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this contract would
prevent the accomplishment of the original intent of this contract. The County and Contractor
agree to reform the contract to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
XXXV. BINDING EFFECT:
The terms, covenants,conditions, and provisions of this contract shall bind and inure to the benefit
of the County and Contractor and their respective legal representatives, successors, and assigns.
XXXVI. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: LO
County and Contractor agree that all disputes and disagreements shall be attempted to be resolved
by meet and confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to seek
such relief or remedy as may be provided by this contract or by Florida law. This Agreement is
not subject to arbitration.
XXXVII. ATTESTATIONS:
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
XXXVIII. NO PERSONAL LIABILITY:
Upper Keys Animal Control Contract Page 22
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No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable personally on this contract
or be subject to any personal liability or accountability by reason of execution of this contract.
XXXIX. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience for reference
only, and it is agreed that such section headings are not a part of this contract and will not be used
in the interpretation of any provision of this contract.
XL. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
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 ca
list of its Board of Directors.
XLI. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing
and be executed in the same manner as this agreement.
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XLII. SURVIVAL OF PROVISIONS:
Any terms or conditions of either this Agreement that require acts beyond the date of the term of
this Agreement, shall survive termination of the Agreement, shall remain in full force and effect
unless and until the terms or conditions are completed and shall be fully enforceable by either
party.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in two (2) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Upper Keys Animal Control Contract Page 23
Packet Pg.250
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Packet Pg.251
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 E
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.
0
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. LO
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.
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Postage, Overnight Deliveries, Courier, etc. n!
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.
Packet Pg.252
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 CL
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.
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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, n!
penalties and fines.
Packet Pg.253
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 PJR ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total IX,XXX.XX
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(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX E
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C)
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 LO
r®:
Attachments (supporting documentation)
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Sworn to and subscribed before me this day of 200 by
who is personally known to me.
Notary Public Notary Stamp
Packet Pg.254
EXHIBIT "A"
CURRENTLY REQUIRED PERMITS FOR ANIMAL CONTROL SHELTERS
Permit Agency Address
Monroe County Monroe County Tax Harvey Government Center
Occupational License Collector 1200 Truman Avenue
Key West, FL 33040
Board of Pharmacy Florida Department of 2020 Capital Circle S. E.
License Business and Tallahassee, FL 32399
Professional Regulation
Controlled Substance United States Drug Enforcement
Registration Department of Justice Administration
Certificate Washington, D. C. 20537
Permit for vehicles Florida Department of Department of Agriculture and
used to transport Agriculture & Consumer Services
animal carcasses Consumer Services Division of Animal Industry
Mayo Building, Room 332 E
Tallahassee, FL 32399-0800
Wildlife permit* Florida Game& 620 South Meridian St.
Freshwater Fish Tallahassee, FL 32399
Commission o
Biomedical Waste Florida Department of 1100 Simonton St.
Permit Health Key West, FL 33040
*According to FWC's website: "The FWC has discontinued its Nuisance Wildlife 2
Trapping Permit." However, all Proposers are advised to familiarize themselves with 0
FWC's rules and regulations regarding nuisance wildlife.
http://www.myfwc.com/License/Permits—NuisWild.htm
LO
N
N
Packet Pg.255
EXHIBIT "B"
PAGE 1 OF 4
RESOLUTION NO. 599-2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING RESOLUTION NO. 386-2006 TO PROVIDE A
THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT
SPAYEDINEUTERED.
WHEREAS,Resolution 386-2006 was passed by the Board of County Commissioners on September 20,
2006 providing for one-year and three-year County licenses,fees for dogs,cats and ferrets and replacement license;
and
WHEREAS,a scrivener's error resulted in the omission of the 3-year County license fee for cats that are"not
spaye&neutered and 6 months ofage or older",2.E.(2)(b);and
WHEREAS,the animal control contractors report that there are a sufficient number of people selecting the
three-year vaccine for their pets to make the alterative three-year license also desirable;
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,that:
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1. Section 2.E.of Resolution No. 386-2006 is hereby amended to read:
2.
E. County License: ONE YEAR THREE YEAR
(1) Dogs:
(a)Animal is spayed/neutered or under 6months of age $10 $20
(b)Animal is not spayed/neutered and 6 months of age or older $35 $75 (,
(2) Cats:
(a)Animal is spayed/neutered or under 6months of age $10 $20
(b)Animal is not spayed/neutered and 6 months of age or older $35 $75
(3) Ferrets: $6 $10
0
(4)Replacement(per replacement,regardless of years covered) $2
U
(5) Dogs and cats with microchips or other means of permanent identification and with regi ' n to the r,,g}mty or
a national identification service current to the owner,shall receive a$5 discount from the annu ceDe Me —rt LO
11-
PASSED AND ADOPTED by the Board of County Commissioners of MonroeAWW"dly,F%da,as
meeting of the Board held on the I5th day of November,2006.
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c:--
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Mayor McCoy Yes C44
Mayor Spehar Yes _V, - -v
Commissioner Neugent Yes E
Commissioner Murphy Yes w
Comn)issioner DiGennaro Yes
BOARD OF COUNTY COMMISSIONERS
(Seal) OF MONROE COUNTY,FLORIDA
Attest: DANNY L/KOLHAGE,Clerk
By: L' L .t jct, � By:
Deputy Clerk y MONROE COUNTY ATTORNEY Mayor/Chairman
AP VED AS TO
��-- ZANNE A.F U TON
C0 007y
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Packet Pg.256
EXHIBIT "B"
PAGE 2 OF 4
RESLUTION NO. 3%-M
A RESOLUTION OF THE BOARD OF COUNTY COMMMIONERS OF MONROE
COUNTY, FLORIDA,AMENDING RESOLUTION NO 2W2016 TO PROVIDE A
THREE-YEAR.ALTERNATIVE IN THE DOG,CAT&FERRET LICENSE FEES.
WHEREAS,Resolution No.240-2006 was passed by the Board of County Cmum (BOCC)to revise
the fim to be charged for various animal control services;and
WHEREAS,Resolution No.240-2006 eliminated the afternative duet-year license available in cotganction
with the three-year rabies vaccine which are admaustered to some pets;and
the animal control contractorsreport that there are a sufficient number of people selecting die
three-year vaccine for their pets to make the alternative three year license area desuable,
NOW,THEREFORE,BE 1T RESOLVED BY THE BOARD OF COUNTY commissioNERs OF MONROE
COUNTY,that:
1. Section 2.E.of Resolution No.240-2006 is hereby amended to read:
2.
E. County License: OIYA YBAR YEAR
(1) Dqp:
(a)Animal is spayed/neutered or under 6mamhs ofage $10 $20
(b)Animal is not spayed/neutered and 6 months of age or older $35 $75
(2) Cats.
(a)Animal is spayeftcutered or under 6months of age $10 $20
(b)Animal is not spayed/oeutered and 6 months of age or older $35
(3) Ferrets: $6 $10
(4)Replacement(hear replacement,rcEardless of years covered) $2
(5) Dogs and with mi O
crochips or other means of identification andwith to the County or
a national identification service current to the owner,shall receive a$5 discount fiorn the annual license fee.
U
PASSED AND ADOPTED by the Board of County Commissioners of Morrce County,Florida,at a meeting
LO
of the Board held on the 20th day of September,2006.
MONROE COUNTY ATTORNEY t"
Mayor McCoy -0 APPROVED AS T RM:
Mayor Spehar Y
Cotnrrtialgio Neugent Y NATIt.EENE W.CASSK V
ASSISTANT COUNTY ATTOINIEV CD
r, Patton Maw-
nn= yes Dnte lb—J'7—Di z rn
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BOARD OF COUNTY CO 19E
OFMONROE
KOLKAGE,Clerk .
•f >- 3, rn v
Clerk By-
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Packet Pg.257
EXHIBIT `B"
PAGE 3 OF 4
Companion to Alternate Version
RESOLUTION NO. 240 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ONROE COUNTY, FLORIDA, REPEALING AND REPLACING
RESOLUTION NO. 261-2005 TO PROVIDE CHANGES TO DOG, CAT &
FERRET LICENSE
WHEREAS,Resolution No. 261-2005 was passed by the Board of County Commissioners(BOCC)
to require the issuance of a dog license to correspond with the length of effectiveness of the rabies
vaccination actually administered;and m
WHEREAS,the BOCC has passed Ordinance No. 006-2006 requiring licensure of dogs, cats and
ferrets;and
WHEREAS, the BOCC has determined that it is in the best interests of the public to change
Chapter 3 of the Monroe County Code to also require licensure of ferrets and to change the age at which
licensers are required to conform Gcensure to the State rabies vaccination laws;and
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the BOCC has determined that there is no public concern aboutt the fact previously
found by the BOCC that ells for pick up of un-neuteied and unsprayed dogs at large exceed such calls for
dogs who have been neutered or spayed;and
WHEREAS,it is desired to reduce the angst of pet owners who do not keep their pets from roaming
at huge; ca
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,that:
1. Resolution No.261-2005 is hereby repealed.
0
2. Foes shall be collected for the following services as specified:
SERVICE U
FEE
A- Pi *: LO
(1)First Time $25
(2)Second Time $50
(3)Third and each additional time within a 12-month period $100
*The above pick-up fees shall be doubled if the animal picked up was not vaccinated for rabies. cy
(4)Unaltered anima!at large fines!exemption license. If an unaltered animal comes into the
shelter,either by being picked up or brought in,there will be an additional$100 fine for the fact
that it is unaltered and that fine will be waived if owner or assigned caretaker agrees to alter the
animal prior to leaving the shelter.
B. bQudjW(per night) $10
C. n $10
D. DispoW $10
seviso Rea 261-2005 1
(CompsWon to Ord Amad 006.2006 plterwe Version App 6 2106)
Packet Pg.258
EXHIBIT "B"
PAGE 4 OF 4
E. License: PER YEAR*
(1) Dogs:
(a) Animal is spayed/neutered or under 6months of age $10
(b)Animal is not spayed/noutered and 6 months of age or older S35
(2) Cats:
(a)Animal is spayed/neutered or under 6months of age $10
(b)Animal is not spayed/neutered and 6 months of age or older $35
(3) Ferrets: $6
(4)Replacement $ 2
(5) Dogs and cats with microchips or other means of permanent identification and with registration
to the County or a national identification service current to the owner, shall receive a S5
discount from the annus license fee.
*Licenses are to be issued on an annual basis. However, any three-year license previously issued
in conformity to a three-year rabies vaccine and pursuant to Resolution 261-2005 shall remain in
effect until its natural expiration date.
F. pmgmm Dog Certificate of ReAiAmtion
(1)First year $100
(2)Anmial Renewal $ 50
G. Litter Registration per litter) $ 50
Litter registration is required before birth. The owner of a pregnant animal shall be assessed a litter ._
fee of$50 for each litter.If the litter is not registered,there will be$100 fine for firs offisam$250
fine for second offense, $500 fine on third offense. At the first ofknse, the fine of$100 will be
waived if owner/caretaker agrees to alter the litter and breeding mother.
0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, ride,at a (,
meeting of the Board held on the 2lstday of .Tune ,2006. C2 c 'n
Mayor McCoy Yes SC,,4
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Mayor Spehar Yes
Commissioner Neugent Yes cox
Commissioner Patton YesCD
tee, m
asioner Rice Yeses a cy
r- ran O O
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�y BOARD OF CO COMMISSIONERS
(Seal) OF MONROE CO ,FLORIDA
Attest: DANNY L.KOLHAGE,Clerk
By:
By. Mayor/Chaff
Clerk
MONROE COUNTY ATT N
Rovise K��1•zaos 2
apa Ec�►s TWA
(COMP01 on to Ord 0062006 Vmtion App 6 2106) N A.11UnON
c(1UNTY�A
ode
Packet Pg.259
EXHIBIT "C"
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre-requisite of the work governed, or the goods supplied under this contract(including the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The Contractor will ensure
that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As
an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the
attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from the
failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work commenced on the specified date and time, except for the Contractor's failure to CL
provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced.
Delays in the completion of work resulting from the failure of the Contractor to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance or A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies LO
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the
County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
Packet Pg.260
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract,the Contractor shall obtain Animal
Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum: °3
• False Arrest, Detention or Imprisonment
• Malicious Prosecution
• Wrongful Entry and Eviction
• Assault and Battery
• First Aid E&O
• False or Improper Service of Process
• Violation of Property Rights
• Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition,the period for which claims may be reported should extend for a minimum of twelve(12)
months following the termination of the contract.
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The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
N
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
ANIMAL E&O
Packet Pg.261
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty
Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts c
the Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
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CD
ED2
Packet Pg.262
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable shall be:
$ 500,000 per Person '
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition,the period for which claims may be reported should extend for a minimum of twelve (12) c
months following the termination of the contract. ca
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
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related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all N
policies issued to satisfy the above requirements.
El
GLAnimals
Packet Pg.263
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization taking possession of the vehicles governed by this agreement, the
Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance.
Coverage shall be maintained throughout the life of the Agreement and include, as a minimum,
liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
• Physical Damage Protection
The minimum limits acceptable shall be: ,
$1,000,000 Combined Single Limit(CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements. In addition, the Monroe County Board of County
Commissioners shall be named as "Loss Payee"with respect to the physical damage protection. W
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: °3
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer,the County shall recognize and honor the Contractor's status. The Contractor may be required
to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
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Packet Pg.265
VETERINARIAN PROFESSIONAL LIABILITY INSURANCE
REQUIREMENTS FOR
CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract may involve the providing of professional
veterinarian services, the Contractor will purchase and maintain, throughout the life of the contract,
Veterinarian Professional Liability Insurance which will respond to the rendering of, or failure to render
Veterinarian professional services governed by this contract. °3
The minimum limits of liability are:
$300,000 per Occurrencel$750,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
If the Contractor does not employ any veterinarians and all such services are provided by independent
veterinarians, this requirement can be satisfied if the Contractor obtains evidence that the independent
veterinarian maintains the required insurance. ,
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Packet Pg.266
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHELTERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils °3
of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or
rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include,
as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Failing Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss ,
Payee on all policies issued to satisfy the above requirements.
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Packet Pg.267
MONROE COUNTY,FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of
County Commissioners, and its elected and appointed officers, officials, agents, servants, and
employees from any and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in
any tier, occasioned by the negligence, recklessness, intentional wrongful misconduct, errors, or other
wrongful act or omission of the Contractor or its Subcontractor(s) in any tier,their employees, or
agents.
In the event the completion of the project(to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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Packet Pg.268
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting
on the advice of the County Attorney,the Board of County Commissioners has granted authorization
to Risk Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured - If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
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and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted
for consideration with the proposal.
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After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of
the Courts.
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Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
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Administrator or the Board of County Commissioners, who retains the final decision making authority.
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Packet Pg.269
MONROE COUNTY,FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
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Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
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Risk Management
Date
cv
County Administrator appeal: Approved: Not Approved:
Date:
Board of County Commissioners appeal: Approved: Not Approved:
Meeting Date:
Packet Pg.270
EXHIBIT "D"
NOT USED
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Packet Pg.271
EXHIBIT "E"
NOT USED
EXHIBIT "F"
NOT USED
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Packet Pg.272
EXHIBIT "Gl"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOPTION AGREEMENT
(ORGANIZATION'S NAME}
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and name of
organization), the "Agency"this (day) day of month), 20_.
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
1. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed
on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption
without further charge only if the animal is certified by a licensed veterinarian to suffer from a CL
congenital disorder. Any return after that time or for other than a congenital disorder will be
subject to the Agency's Intake Fee. In recognition that Agency is a not-for-profit organization
providing shelter care for the County shelter, none of the adoption or other related preparatory fees
are refundable.
3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for
damages against Agency and Monroe County, their officers, employees, agents and
representatives which may result from this adoption, including, but not limited to, any veterinary ---
costs or expenses incurred for the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified LO
statement that the animal has been neutered/spayed or shall return the animal to the Agency for
such procedure. Should Agency action become necessary to enforce this provision, Adopter
agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court
adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the
Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances
in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said
animal without first giving Agency the right to take possession and ownership of the animal,
subject only to the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter) (Signature of Agency Representative)
Packet Pg.273
EXHIBIT "G2"
FORMS REQUIRED TO BE USED BY CONTRACTOR
AFFIDAVIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
(name) who being first duly sworn, in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
1. 1 am the owner of ,
(name(s) of animal(s)
who are, respectively, and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
2. For the period of to , $
(date of 1st charge) (date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay(check one) 1)the charges (or) ,
2) any more than$
without substantial hardship to myself or my family due to the following circumstances: (check all
that apply)
(A) My household gross monthly income from all sources is less than:
(1) $1,200 if only one person in household, or (2) $1,500 if more than one person in W
household.
(B) I do not have cash(including checking and savings account) in excess of$500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly
describe in the space provided below:
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(D) I do not own real or personal property which are not used by me for shelter and the R
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necessities of life. If this item is checked, briefly list and describe all real property and automobiles
owned by affiant:
4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived E
as a result of this affidavit.
(signature)
SWORN TO AND SUBSCRIBED before me this_day of , 201 by
, who is personally known to me or who produced
,as identification.
Notary Public - State of Florida at large
Concur
Animal Control Director
Concur
County Administrator
Packet Pg.274
EXHIBIT 66G3"
FORMS REQUIRED TO BE USED BY CONTRACTOR
RE'.$[)LL TION NO. 290 -2010
A RESOLUTION OF THE
�B,gO OF CO
CO SS ONTRS OF 1.ONROE CO UM,
FLORMA, APPROVING THE ANIMAL
CONTROL CITATION TO BE USED PURSlUAW
TO SELMON 4.Id OF TRF MONROE COUNW
CODE,
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WEMRM,pursuant to Worm County Code(MCC)Section 4-46,upon observing a 0.
violation of Chapter 4 of the.MCC,an animal control supervisor at animal control officer,or
any other taw enforcement officer,may issue a citation;and
NVVIRIEAS.the errin at control-citation used Khali be in substantially the same farm as
approver!by Board restalutirm;and
WHEM&the animal control citation should be approvW by the Board of County E
Commissioners ror the purpose of ensuring enforcement of the Mottme County Animal
Control Ctrdinaaw,and CL
'WHEREAS, Section 4.46, MCC sets forth the gaited information do shall be
ccmtained in the citatim,
NOW THEREMAE, BE IT RESOLVED BY THE BOARD OF rCOUNlY ,
COMMIONERS,OF MONROE COUNTY,FLORWA,YHA f:
I. The Board or county Comminianers of Monroe County approves the unisnal
contest eitetignn sftached hereto and, pursuuant to Sec 446 of Me Monroe
County Code, requires ad aninW contrut contractors on citstions in
saboloetWy the same roan as appoved hersin.
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PAWED AND ADOPTrD by the Board of County Commissioners of Munroe
County,Florida,on this 1 Sth day of Sqnambar.2010.
Mayor Sylvia Murphy Ye:: LO
era --t r
Mayor Pro Tem liealbet Carttathm Yes LV
Commissioner.Kim Wigin gton Yes , -:°'- -t; CD
Cnmmiagvtrner Courgc Newt Yes '�`?= ' cv
CommisKioncr Now*Di Gennero Yea ''''+' M
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(SEAL) BOARD OF COUNTY Cfl ' & S,-;'
Attest:DANNY L.KOT>KAGF,.CLERK OF MONROE COUNTY,FWRIDA
By; .r_j? tt C t_4aLL1rYfr.�!7 BY=_._. .°,_... 1
Deputy Clerk
Mayor/Chairperson
APP titiJ^:�!�' TQ FORM
CKRISTINE N.i�+Nrw;-@ARRtTkS
AS1$13TAN O'r4'VP-T0AN=Y
Packet Pg.275
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Board of County Commissioners,Monroe County,Florida
Animal Control Division
In the County Court,In and for Monroe County,Florida
Citation No.
Citation Date: Tuoe: A.M./P.M.
In the same of Monroe County,Florida: the undersigned certifies that he/she had just and reasonable grounds to believe,and does believe that
First Name Middle Last Name (Nam of theOwner/Alleged Violator)
Suet Addrmess
City State Zip
On the day of 20 .at A.M./P.M.at lion) tU
Monroe County,Florida,did cominit the following offeasc(s),contrary to laws. Facts consmuting probable cause/el is of off
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Animal t(if av te) CL
Name: Breed: —Color: Sex: Spay/N
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❑ANIMAL AT LARGE,SEC.447(a)
❑Doe BrrE,SEC.4.75(f)
O
Q NO CURRENT RABIES VACCINATION,SEC.4-64
❑NO VALID COUNTY LICENSE SEC.4-65
Q FAILURE TO PROVIDE ADEQUATE SHELTER,SEC.4-810)
❑ S)CONFINED IN VENHICLE,SEC.4.8l(s)
❑FAILURE TO NEUTER DOGS,CATS,RABBITS,SEC.4.64(a)
❑OTHER VIOLATION SEC.4. W
Where triable in County Court Lower Keys Division-Monroe County CourlbouscAnnex,302FIeming Street,Key West,FL.33040;or
sffi
Middle Keys Division-Marathon Branch Courthouse,3117 Overseas Highway.,Marathon,FL 33050;or
Upper Keys Division-Upper Keys Government.Center,88820 Overseas Highway,Plantation Key,Florida 33070 U
On: th} (Day),20 at A.M./P.M.Judge: Courtroom:-
0 rr IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE iuc AND PLACE RECORDED ABOVE.
Q YOU NEED NOT APPER IN COURT ON THE DATE ABOVE,BUT MUST COMPLY wrnff THE INSTRUCTIONS ON YOUR COPY OF THIS
DOCUMENT.
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ISSUING OFFICER DATE: t"
SIGNATURE
PRINT NAME AND TITLE:
tV
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I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S)CHARGED OR,IF THE ®.
OFFENSE(S)CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE,TO PAY A
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CIVIL PENALTY IN THE AMOUNT OF$ IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF
THIS CITATION. I UNDERSTAND THAT,IF I BO N"(YF APPEAR IN COURT TO CONTESTTHE C UFATION OR PAYTHE CIVIL PE NLTY' O
WITHIN TEN f10)BAYS OF RATE OF THIS CITATION(F:S CIA)DING SA`I"L'RDAY,Mt NDAY°S AND HOLIDAVS`P,I S1 IALL HA VE OTMN
EEMEDTOWAAVF MY RIG H`1"t"O CONTEST THE CITATION AND IN SI'CH CASE.III GFMEN T MAY BE ENTERED AGAINST ME UP TO
ITHE MA IRS UM AMOUNT OF THE CFVIL PENALTY OF V100, IN ADDITION,FAIL U RE TO Q:°tIMPLY"WAY ALSO RESULT IN AN ORDER TO
SHOW C°AU SE TO BE ISSUED FOR DIY APPEARANCE IN COURT,WHICH MAY FI.RTH R RESULT IN BEING HELD IN C;ONTI%iff OF
COC`R'L
SIGNATURE OF OWNEWALLEGED VIOLATOR DATE
SIGNATIM IS Nff AN ADMISSION OF GUILT
(Note:Front of citation)
Packet Pg.276
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INSTRUCTIONS
If the officer marked an"X"in the box preceding the words"YOU NEED NOT APPEAR IN COURT".You may answer this
sumrnons by either of the following methods:
i. If you desire to plead GUILTY or NOLO CONTENDERE(No Contest)you must WITHIN 10 DAYS of the issue of this
citation,(Saturdays,Sundays and Holidays excluded)MAIL this notice with a Cashier's Check or Money Order for the
prescribed amount for the violation charged,payable to CLERK OF CIRCUIT COURT,to the address checked below,
(DO NOT MAIL CASH OR PERSONAL CHECKS);or you may appear at the address checked below,between the hours
of 8:30 A.M.&5:00 P.M.,Monday--Friday(Saturdays,Sundays and Holidays excluded)and pay the prescribed amount.
❑ Lower Keys Clerk's Office(or Middle or Upper Keys Clerk's Office as appropriate)
500 Whitehead St.,Suite 101,Key West,Florida 33040
AMOUNT TO BE PAID:S
Note: Whichever your method of payment,you must sip the"PLEA OF GUILTY OR NOLO CONTENDERS AND WAIVER OF RIGHTS,"below and 05
return it to the Clerk with your check.
1 YOU MAY APPEAR IN COURT by requesting a court hearing on this charge. Your request MUST be made in person by
appearing yourself or through an attorney at the address and time specified on the front side of this citation.This copy of
the Notice to Appear must be presented to the court at such appearance.
PLEA OF GUILTY OR NOLO CONTENDERE
AND WAIVER OF RIGHTS CL
In consideration of my not appearing in court;I,the undersigned,do hereby enter my appearance on the affidavit for the offense(s)
charged on the other side of the citation.And waive the reading of the affidavit in the above named cause and the right to be present
at the trial of such action. I hereby enter a plea of❑GUILTY OR❑NOLO CONTENDERE(No Contest)for the offense(s)
charged.I waive my right to defend against such charge(s)or to appeal any error in such proceedings. I understand the nature of the
charge(s)against me. I plead,as indicated above,to the charge(s)being fully aware that my signature to this plea will have the '
same effect as judgment of this Court.
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Signature
Address
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Signature of person taking waiver if presented in person
to
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Title:(Clerk,Deputy Clerk)
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(Note:Back of citation)
Packet Pg.277
EXHIBIT "G4"
FORMS REQUIRED TO BE USED BY CONTRACTOR
MONTHLY STATISTICAL REPORT FORM
, Inc.
ANIMAL SHELTER
DATA FOR MONTH OF: Other Animals
DOGS CATS how many what,..,
Animals Brought In:
Animals Picked Up:
Animals Adopted: f
Animals Redeemed: F
Animals Transferred*:
Animals Escaped:
Animals Born at Shelter:
Animals DOA:
Animals Euthanized—
**number sick,injured,or dangerous
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ns
Animals on Hand
NOTES:
Service Calls:
Bite Reports: *List how many,type of animal and where
-- animal was transferred
Cruelty Cases:
COUNTY FEES COLLECTED
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Failure to Spay/Neuter:
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Exemption License:
License: LO
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Pick-Up
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Boarding: CD
Adoption:
Disposal:
Euthanasia:
Total County Fees Collected: $ - Other Fees Collected:
Donations:
REPORTED BY: Grants:
Date Reported: Fundraisers:
Other:
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Packet Pg.278
t` e � _ M of the city of " e
law on my oub,and under penally of pedury,dopose and say&at
L lam
, � f. # M%ftyr�. 4 r� 9 sk , I o.$""ate ��" P ay)
PrWoser mah"the Proposal C m
� _ , ..
m p ,The matter
PrIces
commudcadon or agreement for*t puMose of restricting competition,as to any 0i
the such pices whir any other Proposer or with any compefitor. been 2
®sclosed by the Propow and will not Imawingly be disclosed by the Pwposer prior to a,
propoW opening,dirwdy or indirectly,to any odw Pmpow or to any compethm.
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5. No aftempt has been made or wiH be made by the Proposer to in&=any other pasion, parmership
or corporation to submit,or not to ' a proposal for the purpow of resWeing °
6. Ilia statements contained mi affidavit am true nd eerrect�and made with&H knowledge of&,dd
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STATE OF:
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COUNTY OF:
PERSONALLY APPEARED LO* M y,,,.
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t idaft,or is pemonfly known to me.,
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and
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E Of 0E 2019
,
My Cowndmion Expires:
a� � CAROLYN R.HENRY
Notary Public-State of Florida
My Cormn Expires char 10.2020 a
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Packet Pg.279
LOBNMG AND CONFLICT OF INTEREST CIAUSE
. . -199
ETMCS CLAUSE
x ?
�r d 1/ A 9 ors 41 a w r„,`�, k �n v,,�',,. it< 'ho, v�
'p . . . t t has not employed, r otherwise had act o " t
County officer r employee in violation of Section 2 of Ordinance No. 1 l c of
a)
employeeQ f Section 3 of Ordinance No. 10-1990,, For breacb or vioWan ° l
the County ,in its discivtion,tmminate this contract without liability
deduct from the contract or purchase price,or othenvise recover,the fidl amountoy any fee,commission,
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STATEt, t8
COUNTYOF
PERSONALLY APPEARED BEFORE ME,the undenigned authority,__L2'1v_ r"-�
LO" y e
after first being swom by me,affixed 'r signabme(name of
201 indivi&W signing)in the spce provided above on this day of El
&tra TOTAky
� r� � �i
65-1-4
CAROLYN R.
w" ` � PJ �o 'y Public.State sal H06
'.,r�n¢ l F F133F�
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My commission expires,
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Packet Pg.280
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WORXPLACE FORM
undersignedThe vendor in I 7 hereby certifies
1413
,pril - Ple, a a ,
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace
that will be taken against employees for violations of such prohibition.
2. Informs employeesworkplace, the business's policy of
drug-freemaintaining a °
assistanceng, rehabilitation, and employm
.
Gives3. 1services that are under
proposal a copy of the statement specified in subsection(1).
statement4. In the specified in subsection(1),notifies the employees that,as a condition ofworking on
contractualthe commodities or i ,
the statement and will notify the employer of any conviction ot or plea of guilty or nolo
any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States
or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. E
® sanction or participationin rrehabilitation program if such is available
convicted.
workplace6. Makes a good faith effort to continue to maintain a drug-fi-ee
this section.
As the person authorized to sign the statement, I certify that tins fixin complies fidly Vnth the above
requirements. LO
Proposer's Signaturecy
Packet Pg.281
STATEMENTINSURANCE AGENT'S
have reviewed the above requirements with the Proposer named below. oil les
apply to the correspondingpolicy.
LiabilityPOLICY DEDUCTIBLES
iBcies are Occuffence Claims
Insurance Agency Signature
PROPOSERS STATEMENT
I understand the inwrance that will be mandatorycontract and will comply in 1 W
1 the requirements. �
d q�q
Proposer Signature
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LOCAL PREFERENCE FORM
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A.Vendors
claiming a local f r c c c r i Ordinance ,as amended by Ordinance .
complete is form.
Name of Bidder/Responder: Date:pec
1.Does the vendor have a validi t the businessx paid to the Monroe County Tax Collector dated
at least one( )year priorf request for bids or proposals? t x Ae 1 (Please furnish
copy.) z-
2. Does
the vendor have a physical business addresslocated withinis r
operatesr performs business on a day to day basis that is a substantial component of the goods or
services beingphysical business address must
registered s its principal place of business with the Floridat of Stater at least one( r
priorrequest for bid or proposal.)
ListAddress: 283 SaintIr 7
Telephone : f3 4
B.Doest r ri contractor intend t r more of the goods,services
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construction to local businesses meeting the criterias to licensing location?
If ,please provide:
1.Copy of Receipt othe business tax paidto the MonroeTax Collector by the subcontractor dated E
i least one( r prior to the noticefor bidr proposal.
2.Subcontractoesphysical business address withinis subcontractor
(The physical business address must be registered as its principal place of business with the Florida
leastDepartment of State for at one( )year prior to the noticeof request for bids or proposals)
TeL.NumbeAddress
Prints
Signature and Title of Authori;edi for
Bidder/Responder h N
STATE F C's C Ff N
On is : n 4 rm i otplic,
personally appeared ,-l" i ;1 < , _ - ._. to me to be the personi M
5 SlC ®
,..
/s is My commission expires:
v l r r r c i
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Notary Public
Print Name ( , L
.°�jaV CAROM .HENRY
rotary PublicState 01 Florida
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," p= Commission 4, FF 970365
53
icy comm.Expires liar 10.2 0
g68Pf48644
Packet Pg.283
T
RECEIPT*MONROE COUNTY BUSINESS TAX RECEIPT
47161-72904
Business Name: HUMANE,ANIMALECOALITION
S HWY
Owner Name: F( Businesstin: KEY LARGO,FL 1 I 3 037
Mailing .
283 ST THOMAS AVE Business : 30-03-0826
KEY LARGO,Fl. 33037 Business lVpe: MISCELLANEOUS SERVICE(ANIMAL C
Employees I m
Tax Amount Transfer Fee Sub-Total Pena€ Prior Years Collection Cost Total Paid
0.00 0A0 0. 0 0.00 0.00 0.00 0.001
CL
THIS BECOMES A TAX RECEIPT ,Tax Collector THIS IS ONLY A'T
WHEN VALIDATED PO Box 1129,Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/Olk
MUNiapALrry
AND ZONINGREQUIREMENTS.
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MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129E
EXPIRES , 2020
04
Business Name: N ANIMAL COALITION
N RECEIPT* �7I I�7 0
105951 OVERSEAS HWY
n Location: 33037
Owner Name: N F[P
Mailing Ad u . 305-453-0826
Business T MISCELLANEOUS S (ANIMAL
KEY LARGO,FL 33037
Employees loyye I
T i Sub-Total a€ or Yea €i T €Paid
00 0s 0 0 0. 00 0.
i 7 7
Packet Pg.284
PUBLIC EKnTY CRIME T
4A person or aMift who has n pkwed an the omvlOed vendor Nd foloyAng
suwd bids
s wppler,
subconftotor
or CONTRACTOR under a conhad YAM any pubic
and may not OvAud busirms w0h any
.c entity In excess of dw threshold amount provided In Section , Flodds Stdotes.for CATEGORY
TWO for a period of 36 morift from ft date of being pboad an the convicted vendor DW
nefther
name)nor any Mide has been phced an
°A.
Do* 00ee- 1Z Z f
-r ,
C)
Subscribed and swam to(oraffbmed)bekwe moon
CJ
e ` H ;
p of MeWwrwn)as Monfficalon.
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r
h
�on�®saa °Y N
My Commission,Explies. Notary Public-State of Florida E!
�.yea,, My Comm.ommission '9 F 970365 �
g Expires Tar 1C. 020 ay
�`�ffi8e9cffi44® C
54
Packet Pg.285
F 1.b
Project .
VENDOR A N S UM
Respondent Vendor Name. 1114,vuxa n,i "Y'vtot
�° � :m•.rt g ��e��� ��
Vendor ® 6 S-0 15 6&5-1—
Vendor's
City: State: Zip:2,33 01 a�
prohibitsSection 287.135, Florida Statutes ` , submitting a proposal for, or
amountentering into or renewing a contract for goods or services of any ' ,at the time of contracting or m
Scrutinizedrenewal, the company is on the t to MM
Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section ,
Florida
S r
renewing a contract for goods or services of$1,000,000 or more, t are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Im
Petroleum Energy Sector Lists which were created pursuant to ®215.473,Florida Statutes,or`
in business operations m Cuba or Syria.
As the person authorized to sign on behalf of Respondent I hereby certify that the company identified
above in the Section entitled• "Respondent Vendor Name' is tlthat Boycott Israel isted on the Scrutinized Companies
'List or cagaged in a boycott of Israel and for Projects of$1,000,000 r i,}
listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with
\ u
Achvides in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
�
may subject company t fees, r costs. I finiher understand that any
terminated,contract with the County may be t the option of the County, ®
submitted a false certificationor has been placed on the Scrutinized Companies that Boycott Israel List
Israelor engaged in a boycott of or placed
r the Scrutinized Companies withr been engaged
or
Certified By: LO
in business operations in Cuba
�r, zee ��;� �° �' s I
authorizedt�si 1' c �v cnc c� . CD
Authorized Sim, C44
Print
g jga,
availableNote:The List are t of Management Services Site:
op "u ns,'si ate purchasiin � cndor infh-r � li ( ,i'coi`��'iL-I.c
55
Packet Pg.286
F.1.c
Wilson-Kevin
From: Pam Radloff CPA <pradloff@monroe-clerk.com>
Sent: Wednesday, May 19, 2021 4:08 PM
To: Wilson-Kevin
Cc: Kevin Madok; Maureen O'Brien; Nicole Rhodes; Scull-Paunece; LoSacco-Tina
Subject: RE: HACC - March 2021
CAUTION
This language will work.
Pam Radloff CPA
Finance Director m
Z�3 ? Kevin Madok, CPA
CL
L w m Clerk of the Circuit Court&Comptroller
500 Whitehead St, Key West, FL, 33040
Phone: 305-292-3560 �
www.clerk-of-tlie-court.com E
PLEASE NOTE: The information contained in this message and any accompanying attachments may contain privileged,
private, and/or confidential information protected by state and federal law. If you have received this information in
error, please notify the sender immediately and destroy the information.
Florida has a very broad public records law. Most written communications with any public agency in the course of its
official business are public record, and available to the public and media upon request.Your e-mail communication with o
this office may be subject to public disclosure.
From:Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Sent:Wednesday, May 19, 2021 3:52 PM
To: Pam Radloff CPA<pradloff@monroe-clerk.com> LO
Cc: Kevin Madok<kmadok@monroe-clerk.com>; Maureen O'Brien <mobrien@monroe-clerk.com>; Nicole Rhodes
<nrhodes@monroe-clerk.com>; Scull-Paunece<Scu I I-Pau nece@ Mon roeCou nty-F L.Gov>; LoSacco-Tina <LoSacco-
cv
Tina@MonroeCounty-FL.Gov>
Subject: RE: HACC- March 2021
Importance: High
yy
Kevin G. Wilson, P.E.
Assistant County Administrator
Cell 305-797-157
Office 305- 53-8788
Florida has a broad public records law.E-mail communications can be public record and made available to the public and media upon request. Your e-mail communication
may be subject to public disclosure.
1
Packet Pg.287
F.1.c
From:Wilson-Kevin
Sent:Wednesday, May 19, 2021 10:04 AM
To: Pam Radloff CPA<p radloff monroe-clerk.com>
Cc: Kevin Madok<kr adok'@Monroe-Clerk.Com>; Maureen O'Brien <mobrien monroe-clerk.com>; Nicole Rhodes
<nrhodes monroe-clerk.com>; Scull-Paunece<Scull-Pa nece MonroeCo nty-FL.Gov>; LoSacco-Tina <LoSacco-
Tina@MonroeCo nty-FL.Gov>
Subject: RE: HACC- March 2021
Importance: High
Action Requested: Please advise if the proposed revision of the 15k paragraph of the HACC contract will accomplish the
purpose of removing the monthly reimbursement cap in accordance with the BOCC's intent. If you concur, I intend to
have the BOCC approve as soon as possible (25 MAY, if possible).
While I respectfully disagree with your interpretation, would the attached proposed contract revision result in the ability
of the Clerk to pay invoices from this contractor in any amount in each month subject to the requirement that the CD
annual contract amount not be exceeded? I propose to have this contract amendment approved at the next BOCC :CD
s
meeting (25 MAAY 2021), if you agree.
Kevin G. Wilson, P.E. m
Assistant County Administrator
CL
Cell 305-797-157
Office 305- 53-8788
Florida has a broad public records law.E-mail communications can be public record and made available to the public and media upon request. Your e-mail communication
may be subject to public disclosure.
From: Pam Radloff CPA<pradloff monroe-clerk.com> c,
Sent:Wednesday, May 19, 2021 9:08 AM
To:Wilson-Kevin <Wilson-KevinC MonroeCo nty-FL.Gov> �--
Cc: Kevin Madok<kmadokC Monroe-Clerk.Com>; Maureen O'Brien <mobrien'@monroe-clerk.com>: Nicole Rhodes
<nrhodes'@monroe-clerk.com>
Subject: FW: HACC- March 2021
0
CAUTION
LO
Hi Kevin
N
Maureen touched base with me this morning regarding payment to HACC. Unfortunately, unless the
contract wording in Section III — Payment is revised, we are unable to pay full amount requested.
Of the $34,589.84 that the HACC requested for March, we are able to pay up to the cap of
$31,617.45, per the current contract provisions.
Pam
2
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