Item D33
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE:
June 19,2002
DIVISION:
Public Works
BULK ITEM: Yes
x No
DEPARTMENT: Animal Control
AGENDA ITEM WORDING: Approval to award bids and enter into agreements with: The Florida
Keys Society for the Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal
Shelter in the amount of $323,400 per year, and Stand Up for Animals, Inc. for operation of the Big
Pine Key and Marathon Animal Sheltcrs in the amount of $215,600 per year.
ITEM BACKGROUND: The County issued an RFP and received two proposals for this service. After
meetings and discussions, the two bidders agreed to a split system, and on May 15, 2002, the BOCC
agreed to a shared system in which the SPCA will operate the Key West and lower keys portion of the
contract for 60% of the maximum bid amount (60% x $539,000 = $323,400) and Stand Up for Animals
will operate the Big Pine and Marathon portion of the contract for 40% of the maximum bid amount
(40% x $539,000 = $215,600), with the provision that the performance of each organization be evaluated
by staff after 9 months.
PREVIOUS RELEVANT BOCC ACTION: As stated above.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST:
$539,000
BUDGETED: Yes:
No:
x*
COST TO COUNTY: same
*Resolution under separate agenda item to fund
cost through end of fiscal year~ full amount to be
requested in FY2003 budget
REVENUE GENERATED: Yes
No x
-
APPROVED BY: County Atty.:
OMB/Purchasing: _ Risk Management:
~~,
Dent Pierce
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED:
x TO FOLLOW:
-
NOT REQUIRED:
D.33
DISPosmON:
AGENDA ITEM #:
AGREEMENT
for
OPERATION OF KEY WEST ANIMAL CONTROL
This agreement is entered into this 15th day of May, 2002, by and between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, (hereinafter called "County"), and the FLORIDA KEYS SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS, INC., non-profit organization existing under the laws of the State of
Florida, (hereinafter called "Contractor");
WIT N E SSE T H:
The County hereby authorizes the Contractor to operate the Key West Control Shelter,
(hereinafter called "Shelter") located at 5230 College Road, Stock Island, and to provide complete
animal control and enforcement services from Mile Marker 0 through Mile Marker 16.7 (the West end
of the Harris Channel Bridge) including the City of Key West (hereinafter called "Service Area"),
according to the following terms and conditions:
1. SCOPE OF SERVICES:
a. The Contractor will fully staff, operate and perform all functions of the Shelter, as further
identified in the training manual prepared by Contractor.
b. The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelter.
c. The Contractor shall cooperate with the Monroe County Health Department and follow all local
and state laws, regulations and procedures, including but not limited to F.A.C. 100-3.091, Procedures
for Control of Specific Communicable Diseases and Chapter 64B16~29, Animal Control Shelter
Permits. Contractor shall strictly adhere to inoculation requirements for staff and volunteers.
d. The Contractor shall provide that all animal control officers complete the mandatory
certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida
Animal Control Association); said training shall be completed on a timely basis after a 90-day
probationary period. The Contractor is to provide the Director of Public Works, or his designee, with
copies of the Animal Control Officer Training Program Certificates.
e. 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.
f. 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.
g. The Contractor shall maintain the Shelter, including kennel area, cages and euthanasia room,
and all equipment in a clean, safe, and sanitary manner.
h. The Contractor shall provide the personnel and materials necessary to humanely euthanize all
animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug
to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer
euthanasia to those animals designated for destruction in a humane manner and consistent with state
and county laws and regulations. The Contractor's personnel who perform euthanasia will have
appropriate certificates attesting to the employee's authority to perfonn euthanasia. and copies of the
certificates will be forwarded to the Director of Public Works or his designee.
i. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed
animals as required by law.
j. The Contractor shall provide heartworm testing to all adoptable dogs. provide deworming to all
adoptable animals, and shall have a program in place for flea and tick control. Contractor shall
provide feline leukemia virus and feline infectious virus testing for all adoptable kittens and cats and
shall not adopt out any cat testing positive for either highly contagious disease.
k. The Contractor will provide an adoption service through the Shelter for the purpose of securing
suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that
each companion animal is given a suitable home through basic screening procedures that evaluate
both the animal to be released and the potential adopter in an effort to assure that the animals
adopted are being placed in long-term homes. The screening procedures shall be reviewed
periodically by the Director of Public Works or his designee as to form and practicality. All adoptable
animals will be available for inspection by the public during normal working hours.
I. The Contractor will issue license certificates for dogs as required by the Monroe County Code
and collect the established fees therefor. The Contractor will be responsible for determining that all
requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit
all fees therefor to the County. These license certificates are separate from rabies certificates, which
must be provided for adopted animals.
2. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the Service Area
described above. including. but not limited to:
A. Emergency services (24-hours per dayl7 -days a week) for Priority One calls which are:
1. Injured animal;
2. Bite cases; person bit by any warm-blooded creature;
3. Animal bites to other animals;
4. Wild animal in home;
5. Dangerous dog investigations;
6. Animal cruelty investigations;
7. Law enforcement requests.
B. Patrolling service area on a regular and consistent basis;
C. Picking up dogs that are running at-large;
D. Picking up cats captured in cat traps;
E. Non-emergency animal pick up from residential homes during normal operating hours;
F. Picking up dead animals along County or City rights-of-way and arrange for proper
disposal in accordance with all applicable laws, regulations and ordinances;
2
G. 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.
H. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations and/or
prosecute all persons charged with violation of said ordinances and regulations, which
includes representing Monroe County in court proceedings when required. Further,
upon termination of this agreement, the Contractor shall complete all cases originated
by Contractor including representing the County in court if necessary.
I. Complying with all applicable County ordinances and regulations as well as the laws of
the State of Florida.
3. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning Jutv 1. 2002, and ending at 12:00
midnight on June 30, 2003. The term of this agreement is renewable in accordance with Section 4.
4. RENEWAL:
The County shall have the option to renew this agreement after the first year, for two (2) additional
one-year periods. The contract amount agreed to herein may be adjusted annually in accordance
with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for
the most recent 12 months available.
5. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement without the prior
written approval of the County.
6. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least sixty (60) days prior to the date of termination.
7. 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 anyone 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.
3
8. 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.
9. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under this
Agreement shall be $323.400.00 per annum. The County shall pay the Contractor on a per month in
arrears basis in an amount equal to 1/12 of the total cost of the contract, or $26,950 per month. The
Contractor shall provide a monthly invoice on the .1 st day of each month to the Division of Public
Works, and payment shall be made on or about the 1st day of the following month.
10. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to
allow for the purchase of the services contemplated, then the contract may be terminated immediately
at the option of the County upon written notice of termination being delivered in person or by mail to
the Contractor. The County will not be obligated to pay for any services provided by the Contractor
after the Contractor has received written notice of immediate termination.
11. VEHICLES:
The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter
identified as follows:
1. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/060); and
2. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/061).
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate said vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and
shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit "A." The
Contractor shall provide receipts to the Director of Public Works or his designee to document and
verify that the required maintenance has been performed. The County shall have the right to inspect
the vehicles at any reasonable time.
12. INSURANCE REQUIREMENTS:
The Contractor will provide insurance coverage as described in the Risk Management Policy and
Procedures Contrac.1 Administration Manual attached hereto and marked Exhibit "8."
13. FEES AND REPORTS:
The Contractor shall collect and remit to the County all funds that are collected for fees, license
certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and
keep appropriate records of all funds received and shall provide the Director of Public Works or his
designee with copies of daily cash reconciliation forms, daily bank deposit information and original
license certificates that are issue on a bi-weekly basis. All funds must be deposited into specific
Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County
must be submitted in writing on the County-approved affidavit form to the Director of Public Works or
his designee, said affidavit form is attached hereto and marked Exhibit "C." The Contractor shall only
charge fees as outlined in Monroe County Resolution No. 496-2000, as same may be amended from
time to time; said Resolution is attached hereto and marked Exhibit "0." The Contractor shall not
4
charge any other fees for services at the Shelter unless authorized by the County to do so. Further,
the Contractor shall provide the Director of Public Works or his designee with copies of all bite reports
and citations that are issued on a bi-weekly basis as well.
14. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received at the
Shelter by Contractor. Said donations shall be used by Contractor only for the benefit of shelter
animals or animals for which Contractor provides spay/neuter or other services, and shall not be used
to defray or reduce County funding in the future. In the case of donations solicited by third parties on
behalf of the Contractor, the donating entity must make its financial records pertaining to the donated
funds available to representatives of the Contractor and the County during regular business hours
(Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies
collected on behalf of the Contractor, minus an amount not to exceed 5% of the total collected for
administrative expenses, are in fact donated to the Contractor for the benefit of shelter animals. If a
prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the
Contractor may not accept any donations from that entity.
15. 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.
16. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an inventory of
all supplies, materials. medicines and equipment at the Shelter and the inventory list prepared
therefrom shall be signed by both parties hereto.
17. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelter buildings,
grounds, and equipment in order to keep same in proper working condition. Prior to commencement
of repairs, the County must be notified, in writing, of repairs estimated to cost over $1 ,000.00. If such
repairs are approved by the County, the Contractor shall pay the first $1,000.00 of cost regardless of
the total cost of said repairs.
18. IMPROVEMENTS OR MODIFCATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or surrounding
property without the prior written approval of the County.
19. HOURS OF OPERATIONS:
At a minimum, the Shelter shall be open to the public from 10:00 a.m. to 6:00 p.m., Eastern Time,
Monday through Friday, and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays. Hours of
operation may be adjusted only upon mutual written consent of the County and the Contractor.
5
20. 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.
21. HURRICANE OR OTHER NATURAL DISASTER:
In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to
properly house and care for all animals. In this regard, the Contractor shall designate at least three
(3) employees who will be able to remain in the County to care for the animals during and after the
disaster, and 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.
22. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its items have
been reviewed and approved by the Director of Public Works or his designee. Requests for events
shall be requested by the Contractor in writing and approved by the County Administrator in writing.
Funds raised by the Contractor from fundraising or events at the Shelter shall only be used to benefit
the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall
not be used to defray or reduce County funding in the future.
23. NON~DISCRIMINA TION:
The Contractor shall not discriminate against any person on the basis of race, creed, color, national
origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is
not job related when recruiting, hiring, promoting, terminating or any other area affecting employment
under this agreement. At all times, the Contractor shall comply with all applicable laws and
regulations with regard to employing the most qualified person(s) for positions under this agreement.
Additionally, the Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, financial status or any other
characteristic or aspect in regard to providing services hereunder.
24. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted accounting
principles, and allow the County to inspect its books and records and the shelter facilities at any
reasonable time. In addition, the Contractor shall, at its expense, provide the County with an annual
audit prepared by an independent Certified Public Accountant. Contractor shall retain all records
pertaining to this agreement for a period of three years after term expires.
25. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given, bartered
or sold to any medical research company.
26. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the
6
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.
27. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a public entity for construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. (CATEGORY TWO: $15,000.00).
28. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-delivered or
mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows:
FOR COUNTY:
FOR CONTRACTOR:
Dent Pierce, Director
Monroe County Public Works
1100 Simonton Street
Key West, Florida 33040
Gwen Hawtof, M. D., President
Florida Keys Society for the
Prevention of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 403N
Key West, Florida 33040
29. CONSENT TO JURISDICTION:
This agreement shall be construed by and governed under the laws of the State of Florida and venue
for any action arising under this agreement shall be in Monroe County, Florida.
30. AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of
its Board of Directors.
31. CONTRACT REVIEW:
After nine (9) months of initial service, about April 1, 2003, County staff, as designated by the Public
Works Director, will review and evaluate Contractor's performance to determine if the services
hereunder are being adequately provided under a split system, and to recommend to the County
7
Commission whether the contract should be continued for another year in accordance with the
County's renewal option listed in Section 4. Upon reasonable request, Contractor shall allow County
staff to access records, operations, and the Shelter premises in order to facilitate this review and
evaluation. Contractor shall respond to any questions by County about the services being provided.
32. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first
written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairman
Deputy. Clerk
FLORIDA KEYS SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, INC.
By:
President
B
ZANN~ klJYoON
ElAlE___ -.'t 5j ~
8
AGREEMENT
for
OPERATION OF BIG PINE KEY AND MARATHON
ANIMAL CONTROL
This agreement is entered into this 15th day of Mav. 2002, by and between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, (hereinafter called "County"), and STAND UP FOR
ANIMALS, INC., a non-profit organization existing under the laws of the State of Florida,
(hereinafter called "Contractor");
WIT N E SSE T H:
The County hereby authorizes the Contractor to operate the Big Pine Key and
Marathon Animal Control Shelters, (hereinafter called "Shelters") located at Industrial
Road, Big Pine Key, and 10600 Aviation Boulevard, Marathon, Florida, and to provide
complete animal control and enforcement services from Mile Marker 16.7 (the Harris
Channel Bridge) through Mile Marker 69 (up to MM 70), including the Cities of Marathon,
Key Colony Beach and Layton, (hereinafter called "Service Area"), according to the
following terms and conditions:
1. SCOPE OF SERVICES:
a. Contractor will fully staff, operate and perform all functions of the Shelters, as
further identified in the training manual to be prepared by Contractor; said training
manual will be reviewed and approved by the Director of Public Works or his designee
prior to impleme~tation.
b. Contractor shall secure, maintain and pay all applicable fees for any permits and
licenses necessary to operate the Shelters.
c. Contractor shall cooperate with the Monroe County Health Department and
follow all local and state laws, regulations and procedures, including but not limited to
F.A.C. 10D-3.091, Procedures for Control of Specific Communicable Diseases and
Chapter 64B16-29, Animal Control Shelter Permits. Contractor shall strictly adhere to
inoculation requirements for staff and volunteers.
d. The Contractor shall provide that all animal control officers complete the
mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum
approved by the Florida Animal Control Association); said training shall be completed on
a timely basis after a 90-day probationary period. The Contractor is to provide the
Director of Public Works, or his designee, with copies of the Animal Control Officer
Training Program Certificates.
e. The Contractor will receive and properly confine all animals that are brought to
the Shelters or which become the responsibility of the Shelters. All animals in the
custody of the Contractor shall have a constant supply of fresh water and be fed a diet
appropriate for their species, breed, age and physical condition.
f. 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.
g. The Contractor shall maintain the Shelters, including kennel area, cages and
euthanasia room, and all equipment in a clean, safe, and sanitary manner.
h. The Contractor shall provide the personnel and materials necessary to humanely
euthanize all animals designated for euthanasia by the supervisors or designees of the
Shelters. The primary drug to be utilized for euthanasia shall be sodium pentobarbital,
and the Contractor shall administer euthanasia to those animals designated for
destruction in a humane manner and consistent with state and county laws and
regulations. The Contractor's personnel who perform euthanasia will have appropriate
certificates attesting to the employee's authority to perform euthanasia, and copies of the
certificates will be forwarded to the Director of Public Works or his designee.
i. The Contractor shall ensure that rabies inoculations will be given to all adopted
and redeemed animals as required by law.
j. The Contractor shall provide heartworm testing to all adoptable dogs, provide
deworming to all adoptable animals, and shall have a program in place for flea and tick
control. Contractor shall provide feline leukemia virus and feline infectious virus testing
for all adoptable kittens and cats and shall not adopt out any cat testing positive for
either highly infectious disease.
k. The Contractor will provide an adoption service through the Shelters for the
purpose of secU/jng suitable homes for adoptable animals. The Contractor shall follow
appropriate criteria to insure that each companion animal is given a suitable home
through basic screening procedures that evaluate both the animal to be released and the
potential adopter in an effort to assure that the animals adopted are being placed in
long-term homes. The screening procedures shall be reviewed periodically by the
Director of Public Works or his designee as to form and practicality. All adoptable
animals will be available for inspection by the public during normal working hours.
I. The Contractor will issue license certificates for dogs as required by the Monroe
County Code and collect the established fees therefor. The Contractor will be
responsible for determining that all requirements have been satisfied by an applicant
prior to issuing a license certificate and shall remit all fees therefor to the County. These
license certificates are separate from rabies certificates, which must be provided for
adopted animals.
2. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the
Service Area described above, including, but not limited to:
A. Emergency services (24-hours per day/? -days a week) for Priority One calls
which are:
1. Injured animal;
2
2. Bite cases; person bit by any warm-blooded creature;
3. Animal bites to other animals;
4. Wild animal in home;
5. Dangerous dog investigations;
6. Animal cruelty investigations;
7. Law enforcement requests.
B. Patrolling service area on a regular and consistent basis;
C. Picking up dogs that are running at-large;
D. Picking up cats captured in cat traps;
E. Non-emergency animal pick up from residential homes during normal
operating hours;
F. Picking up dead animals along County or City rights-of-way and arrange for
proper disposal in accordance with all applicable laws, regulations and
ordinances;
G. 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.
H. Investigating all reports of violation of local and state ordinances and
regulations relating to animal control and, when warranted by the facts, issue
citations and/or prosecute all persons charged with violation of said
ordin~nces 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.
I. Complying with all applicable County ordinances and regulations as well as
the laws of the State of Florida.
3. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning Julv 1. 2002. and
ending at 12:00 midnight on June 30, 2003. The term of this agreement shall be
renewable in accordance with Section 4.
4. RENEWAL:
The County shall have the option to renew this agreement after the first year, for two (2)
additional one-year periods. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI)
for all urban consumers (CPI-U) for the most recent 12 months available.
3
5. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement without
the prior written approval of the County.
6. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor
with written notice of termination at least sixty (60) days prior to the date of termination.
7. 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 anyone 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:
Q. 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.
8. UTILITIES:
The Contractor ~hall be responsible for payment of all utility charges for the Shelter. All
utility accounts will be held in the Contractor's name.
9. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $215.600.00 per annum. The County shall pay the Contractor
on a per month in arrears basis in an amount equal to 1/12 of the total cost of the
contract, or $17.966.66 per month. The Contractor shall provide a monthly invoice on
the 1st day of each month to the Division of Public Works, and payment shall be made on
or about the 1 st day of the following month.
10. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be obtained or continued at a level
sufficient to allow for the purchase of the services contemplated, then the contract may
be terminated immediately at the option of the County upon written notice of termination
being delivered in person or by mail to the Contractor. The County will not be obligated
to pay for any services provided by the Contractor after the Contractor has received
written notice of immediate termination.
4
11. VEHICLES:
The County hereby leases to the Contractor two (2) County vehicles currently assigned
to the Shelters identified as follows:
1. A 1994 Ford F150 Pick Up Truck (Unit No. 0910/055);
2. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/063)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies
necessary to operate said vehicles. In addition, the Contractor shall be responsible for
repairs to said vehicles and shall maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "A." The Contractor shall provide receipts to the
Director of Public Works or his designee to document and verify that the required
maintenance has been performed. The County shall have the right to inspect the
vehicles at any reasonable time.
12. INSURANCE REQUIREMENTS:
The Contractor will provide insurance coverage as described in the Risk Management
Policy and Procedures Contract Administration Manual attached hereto and marked
Exhibit "B,"
13. FEES AND REPORTS:
The Contractor shall collect and remit to the County all funds that are collected for fees,
license certificates, citations, penalties, adoptions, etc. In this regard, the Contractor
shall issue receipts and keep appropriate records of all funds received and shall provide
the Director of Public Works or his designee with copies of daily cash reconciliation
forms, daily bank deposit information and original license certificates that are issue on a
bi~weekly basis. All funds must be deposited into specific Monroe County bank
accounts, and all requests for waiver of any fines or fees owed to the County must be
submitted in writing on the County-approved affidavit form to the Director of Public
Works or his designee, said affidavit form is attached hereto and marked Exhibit "C."
The Contractor shall only charge fees as outlined in Monroe County Resolution No. 496-
2000, as same may be amended from time to time; said Resolution is attached hereto
and marked Exhibit "D." The Contractor shall not charge any other fees for services at
the Shelter unless authorized by the County to do so. Further, the Contractor shall
provide the Director of Public Works or his designee with copies of all bite reports and
citations that are issued on a bi-weekly basis as well.
14. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations
received at the Shelters by Contractor. Said donations shall be used by Contractor only
for the benefit of shelter animals or animals for which Contractor provides spay/neuter or
other services, and shall not be used to defray or reduce County funding in the future. In
the case of donations solicited by third parties on behalf of the Contractor, the donating
entity must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all
monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the
5
total collected for administrative expenses, are in fact donated to the Contractor for the
benefit of shelter animals. If a prospective donating entity is unwilling or unable to
comply with the foregoing requirement, then the Contractor may not accept any
donations from that entity.
15. 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.
16. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform
an inventory of all supplies, materials, medicines and equipment at each Shelter and the
inventory lists prepared therefrom shall be signed by both parties hereto.
17. MAl NTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelters'
buildings, grounds, and equipment in order to keep same in proper working condition.
Prior to commencement of repairs, the County must be notified, in writing, of repairs
estimated to cost over $1,000.00. If such repairs are approved by the County, the
Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs.
18. IMPROVEMENTS OR MODIFCATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelters, appurtenances, or
surrounding properties without the prior written approval of the County.
19. HOURS OF OPERATIONS:
At a minimum, the Shelters shall be open to the public as follows:
Marathon: 9:00 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, and
from 10:00 a.m. to 12:00 p.m., Eastern Time, on Saturdays;
Big Pine: 9:00 a.m. to 11 :00 a.m., Eastern Time, Mondays, Tuesdays and
Fridays.
Hours of operation may be adjusted only upon mutual written consent of the County and
the Contractor.
20. 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.
6
21. HURRICANE OR OTHER NATURAL DISASTER:
In the event of a hurricane or other natural disaster, the Contractor shall make its best
efforts to properly house and care for all animals. In this regard, the Contractor shall
designate at least three (3) employees who will be able to remain in the County to care
for the animals during and after the disaster, and 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.
22. FUNDRAISING:
The Contractor may use the Shelters for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Public Works or his
designee. Requests for events shall be requested by the Contractor in writing and
approved by the County Administrator in writing. Funds raised by the Contractor from
fundraising or events at the Shelters shall only be used to benefit the shelter animals or
animals for which Contractor provides spay/neuter or other services, and shall not be
used to defray or reduce County funding in the future.
23. NON-DISCRIMINATION:
The Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, or any other
characteristic or aspect which is not job related when recruiting, hiring, promoting,
terminating or any other area affecting employment under this agreement. At all times,
the Contractor shall comply with all applicable laws and regulations with regard to
employing the most qualified person(s) for positions under this agreement Additionally,
the Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex or sexual orientation, age, physical handicap, financial status
or any other characteristic or aspect in regard to providing services hereunder.
24. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally
accepted accounting principles, and allow the County to inspect its books and records
and the shelter facilities at any reasonable time. In addition, the Contractor shall, at its
expense, provide the County with an annual audit prepared by an independent Certified
Public Accountant. Contractor shall retain all records pertaining to this agreement for a
period of three years after term expires.
25. MEDICAL RESEARCH:
In no event shall any animals under the care,custody, or control of the Contractor be
given, bartered or sold to any medical research company.
26. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to
rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor
shall be retumed to the renter upon retum of the trap or, if the trap is not retumed to
7
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 retum 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.
27. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide goods or
services to a public entity, may not submit a bid on a contract with a public entity for
construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list. (CATEGORY TWO: $15,000.00).
28. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-
delivered or mailed, postage prepaid, by certified mail, retum receipt requested, to the
other party as follows:
FOR COUNTY:
FOR CONTRACTOR:
Dent Pierce, Director
Monroe County Public Works
1100 Simonton Street
Key West, Florida 33040
Linda Gottwald, President
Stand Up for Animals, Inc.
29162 Iris Drive
Big Pine Key, Florida 33043
29. CONSENT TO JURISDICTION:
This agreement shall be construed by and governed under the laws of the State of
Florida and venue for any action arising under this agreement shall be in Monroe
County, Florida.
30. AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its
corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
8
31. CONTRACT REV1EW:
After nine (9) months of initial service, about April 1, 2003, County staff, as designated
by the Public Works Director, will review and evaluate Contractor'S performance to
determine if the services hereunder are being adequately provided under a split system,
and to recommend to the County Commission whether the contract should be continued
for another year in accordance with the County's renewal option listed in Section 4.
Upon reasonable request, Contractor shall allow County staff to access records,
operations, and the Shelters' premises in order to facilitate this review and evaluation.
Contractor shall respond to any questions by County about the services being provided.
32. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairman
Deputy Clerk
STAND UP FOR ANIMALS, INC.
By:
President
9