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Item C02 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y MEETING DATE: October 16, 2002 DIVISION: Public Works BULK ITEM: Yes DEPARTMENT: Animal Control x No AGENDA ITEM WORDING: Approval of an amendment to agreement with Stand Up for Animals, Inc. in order to update the list of vehicles being utilized by the Contractor. ITEM BACKGROUND: One of the two County trucks assigned to the Big Pine and Marathon Animal Shelters (a 1994 Ford F150 Pickup Truck) has over 125,000 miles, is broken down, and is beyond economical repair. Surplus Unit No. 0902-497 (a 1994 Ford F150 Pickup Truck with approximately 50,000 miles) is in much better condition and is being utilized instead. PREVIOUS RELEVANT BOCC ACTION: On June 19,2002, the BOCC approved an agreement with Stand Up for Animals, Inc. to operate the Big Pine Key and Marathon Animal Shelters, and on August 21, 2002, the BOCC approved revised hours of operation. CONTRACT/AGREEMENT CHANGES: Amend Section 11 of the agreement entitled "Vehicles" to update the list of vehicles assigned to the contractor. STAFF RECOMMENDATION: Approval. TOTAL COST: nla BUDGETED: Yes: No: COST TO COUNTY: nla REVENUE GENERATED: Yes No x APPROVED BY: County Atty.: OMB/Purchasing: Risk Management: DIVISION DIRECTOR APPROVAL: ~V7~ Dent Pierce DOCUMENTATION: INCLUDED: x TO FOLLOW: NOT REQUIRED: AGENDA ITEM #: CJ DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: CONTRACT SUMMARY STAND UP FOR ANIMALS. INe. Contract Purpose/Description: Contract Manager: for HOCC meeting on Contract # Effective Date: Expiration Date: October 16,2002 Amend agreement to revise list of vehicles being utilized by the Contractor. P:ne lp ~ ~ ~~ ~ , 4560 (Ext. ) Public Works - #1 (Department/Stop #) Beth Leto (Name) Agenda Deadline: October 2, 2002 CONTRACT COSTS Total Dollar Value of Contract: nla Budgeted? YesD No 0 Grant: $ County Match: $ Current Year Portion: Account Codes: Estimated Ongoing Costs: $ nla /yr. <Not included in dollar value above) ADDmONAL COSTS For: (e.g., maintenance, utilities. ianitorial, salaries, etc.) Division Director Risk Management O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Needed YesD No~ YesD No!kY" YesD No~ YesD NO~ Date Out ( Amendment to Agreement (Operation of Big Pine Key and Marathon Animal Shelters) This amendment to agreement is made and entered into this _ day of 2002, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (County) and STAND UP FOR ANIMALS, INC. (Contractor), in order to amend that certain agreement dated June 19,2002, and amended on August 21, 2002, as follows: 1. {. Section 11 concerning vehicles is amended to read as follows: "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. 0910/066 0902-497); 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.H 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. H 2. In all other respects, the original agreement between the parties dated June 19, 2002, as amended on August 21, 2002, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman STAND UP FOR ANIMALS, INC. By: President .. Amendment to Agreement ~\" ... (Operatio,! of BigPlneKey and MarathonAn/mol Shelters) This amendment to agreement is made and entered into thisM day of ~1.t5+-, 2002, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (County) and STAND UP FOR ANIMALS, INC. (Contractor), in order to amend that certain agreement dated June 19, 2002, as follows: 1. Section 19 concerning hours of operations is amended to read as follows: -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, Tuesday through Friday (closed Monday) and from 9:00 a.m. to 3:00 p.m., Eastern time, on Saturdays and Sundays; Big Pine: 9:00 a.m. to 11:00 a.m., Eastern time, Mondays, Wednesdays, and Saturdays. Hours of operation may be adjusted only upon mutual written con3ent of the County and the Contractor." 2. In qll other respects, the original agreement between the parties dated June 19, 2002, remains in full force and effect. "'::"r~~~ . ,:::, '3el' u;~~:~~~ ,~~J(E:~Jrq;:WITNESS WHEREOF, the parties have hereunto set their hands and seal, the 1t \" \ "'1" L~'[ "t"'", \~ !.f,P vZi'd~ in~ .Y.'~~~}first written above. J'II~J ..(p. ~~:w~' :'l};;; : I ' r-J. ~'~<!1r<: ./"1..;- .-'j{r ~ ( \\9;.: ({t:{r(5eal)~r~{)'/~? BOARD OF COUNTY COMMISSIONERS \\....." '0.' '%" 0, ':'<"':~'~;A#i:&t:'-~[)ANNY L. KOLHAGE, CLERK OF MONROE COUf)lTY, FLORIDA :~:~~~ By 91 ~ 11 . Deputy Clerk Mayor/Chairman STAND UP FOR ANIMALS, INC. By:~ ~ol . . ... .. ... President AGREEMENT for OPERATION OF BIG PINE KEY AND MARATHON ANIMAL CONTROL This agreement is entered into this 19th day of June, 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 implemeptation. 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. 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 certificatiol1 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 seek funding sources to enable provision of feline leukemia virus testing and, upon obtaining such funding, shall provide feline leukemia virus testing for all adoptable kittens and cats. k, The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals, The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes, The screening procedures shall be reviewed periodically by the Director of Public Works or 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 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 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 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: 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. 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 $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. MAINTENANCE: 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 returned to the renter upon return of the trap or, if the trap is not returned 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 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 toa 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 mai', 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 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 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 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. .IWWITNESS WHEREOF, the parties hereto have set their hands and seals on ,:the,day firstwrjtten above, \~'.:~:;,i' ;;;_:.J.,($~&~;.;~A@:l{; '\~.<.'t";~&;Atte~t~' \iii3y L. KOLHAGE, CLERK "l..'\.. (:.- ~t:.'. :.;.~;:---.....;:;..-::"'.4 +-~ r .. ~..,:.~(' "'t.,.c_"",~ '\ ~~::~ ~8 ~....-..:};''--_..' BOARD OF COUNTY COMMISSIONERS OF MONROE Con;:- FLORIDA \,./ t By: Jf ; Mayor/Chairman STAND UP FOR ANIMALS, INC, y '~ BY:~/ ~ President 9