Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: March 19, 2003
DIVISION: Public Works
BULK ITEM: Yes x No
DEPARTMENT: Animal Control
AGENDA ITEM WORDING: Approval of renewal agreement with Humane Animal
Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of
$216,083.27 per year.
ITEM BACKGROUND: The current contract with the Humane Animal Care Coalition
will expire on 3/31/03. The contractor has agreed to renewal and has requested a CPI
increase. The current CPI for urban consumers for the most recent 12 months available
is 2.6%, or an additional $5,475.79 per year.
PREVIOUS RELEVANT BOCC ACTION: On February 21, 2001, the Board awarded
the bid and entered into a contract with the Humane Animal Care Coalition for $208,316
per year. On March 20, 2002, the contract was renewed for one year at $210,607.48
per year; this is the last renewal option under the current contract.
CONTRACT/AGREEMENT CHANGES: Renew agreement for one additional year, and
increase annual payment from $210,607.48 to $216,083.27.
STAFF RECOMMENDATION: Approval as stated above.
$216,083.27
BUDGETED: Yes: x No:
TOTAL COST:
COST TO COUNTY:
same
SOURCE OF FUNDS ad valorem
REVENUE GENERATED: Yes
No x
APPROVED BY: County Atty: 2- OMB/Purchasing: 2- Risk Management: x
DIVISION DIRECTOR APPROVAL:
av&:2
~
-
Dent Pierce
DOCUMENTATION: INCLUDED: x TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
C5
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
HUMANE ANIMAL CARE COALmON. INC. Contract #
Effective Date:
Expiration Date:
Contract PurposelDescription:
To operate the Kev Lar!!o Animal Shelter.
Contract Manager:
Beth Leto
(Name)
March 19, 2003
4560
(Ext. )
Public Works - #1
(Department/Stop #)
for BOCC meetinlot on
Alotenda Deadline: March 5, 2003
4/1/03
3/31/04
CONTRACT COSTS
Total Dollar Value of Contract: $216,083.27
Budgeted? Yes~ No D
Grant: $
County Match: $
Current Year Portion: $108,041.64
Account Codes: 001-21000-530340
Estimated Ongoing Costs: $ nla !yr.
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(e.!!., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
~:in3
JbJ!o3
O.M.B./Purchasing
Changes
NeedecL /'
YesD No~
YesD No!ia"'"
YesD No
YeSDNO~~~
21
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Risk Management
County Attorney
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OMB Fonn Revised 2/27/01 MCP #2
Date Out
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shelter)
This renewal agreement is made and entered into this _ day of
2003, between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE
COALITION, INC. (Contractor) in order to renew that certain agreement entered into on
February 21,2001, os renewed on March 20, 2002, as follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for
one additional year.
2. Section IX - PAYMENT, is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $216,083.27 per annum ($210,607.48 plus 2.6% CPI
increase of $5,475.79). 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
$18,006.94 per month. The Contractor shall provide a monthly invoice to the
Division of Public Works, and payment shall be made on or before the 15th day of
the following month."
3. The term of this renewal agreement shall commence on April 1, 2003, and
terminate on March 31,2004.
4. In all other respects, the original agreement between the parties dated February
21,2001, as renewed on March 20, 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
HUMANE ANIMAL CARE COALITION,
INC.
By:
President
N:!a hJo'3N
/
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shelter)
This renewal agreement is made and entered into this ~ day of }'(\4..V~ ,
2002, between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE
COALITION, INC. (Contractor) in order to renew that certain agreement entered into on
February 21, 2001, as follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for
one additional y<?ar.
2. Section IX - PAYMENT. is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $210.607.48 per annum ($208,316 plus 1.1% CPI
increase of $ 2,291.48). 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
$17,550.62 per month. The Contractor shall provide a monthly invoice to the
Division of Public Works, and payment shall be made on or before the 15th day of
the following month."
3. The term of this renewal agreement shall commence on April 1, 2002, _and
. terminate on March 31, 2003.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY, FLORIDA
By
HUMANE ANIMAL CARE COALITION,
INC.
By: 7~ 7? ~~~
President
AGREEMENT
for
OPERATION OF KEY LARGO ANIMAL CONTROL
This agreement is entered into this ~15l- day of ~(1M!~, 2001, by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE C6UNTY, FLORIDA,
a political subdivision of the State of Florida, (hereinafter "County>>), and HUMANE
ANIMAL CARE COALITION, INC., 283 Saint Thomas Avenue, Key Largo, Florida
33037, a non-profit organization existing under the laws of the State of Florida,
(hereinafter Contractor);
WIT N E SSE T H:
The County hereby authorizes the Contractor to operate the Key Largo
Animal Control Shelter located at 105951 U.S. Highway I, Key Largo, Florida 33037,
as further described in Exhibit "A>> attached hereto, (hereinafter "Shelter>>), and to
provide complete animal control and enforcement services within Monroe County
from MM 70 West to MM 112 North, and East to Ocean Reef, including the Village
of Islamorada (hereinafter "Service Area>>), according to the following terms and
conditions:
1. SCOPE OF SERVICES:
a. The Contractor' will fully staff, operate and perform all current functions of
the Shelter.
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. 10D-3.091, Procedure.s for Control of Specific Communicable
Diseases and Chapter 59X-29, Animal Control Shelter Permits.
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 Associat~on); 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 Officel- 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 supervisor or
designee 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 certification 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 redeeme~d animals as required by law.
j. The Contractor shall provide heartworm testing and deworming to all
adoptable animals, provide feline leukemia virus testing for all adoptable kittens and
cats, and shall have a program in place for flea and tick control.
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 comprehensive screening. procedures that evaluate both the animal
to be released-and the potential adopter in an effort to assure that the animals
being adopted are being placed in long-term homes. All adoptable animals will be
available for inspection by the public dur:ing 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.
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II. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services
within the Service Area described above, including, but not limited to:
1. Emergency services (24-hours per day/7-days a week) for Priority One
calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm blooded creature;
c. Animal bites to other animals;
d. wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
2. Patrolling of service area on a regular and consistent basis;
3. Picking up dogs that are running at large;
4. Picking up cats and raccoons captured in cat or raccoon traps;
5. Non-emergency animal pick up from residential homes during normal
operating hours;
6. 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;
7. 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.
.
8. IYlyestigating 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 ordina: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.
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9. Complying with all applicable County ordinances and regulations as
well as the laws of the State of Florida.
III. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning April 1, 2001 and
ending at 12:00 midnight on March 3 L 2002. The term of this agreement shall be
renewable in accordance with Section IV.
IV. 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 for all urban consumers (CPI-U) for the most recent 12 months available.
V. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement
,without the prior written approval of the County.
VI. 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,
VII. 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.
4
VIII. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the
Shelter. All utility accounts will be held in the Contractor's name.
IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $208,316 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 $17,359.66 per month. The Contractor shall provide a
monthly invoice to the Division of Public Works, and payment shall be made on or
before the 15th day of the following month.
X. 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.
XI. VEHICLES:
The County hereby leases to the Contractor the two (2) County vehicles currently
assigned to the Shelter identified as a 1999 Chevrolet Astro Van (Unit No. 0911-
020) and a 2000 Dodge 1500 Pick Up Truck (Unit No. 0911-021). 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 "B." The Contractor shall provide receipts to the Director
of Public Wo'rks or his designee to document and veriiy that the required
maintenance has been performed. The County shall have the right to inspect the
vehicles at any reasonable time.
XII. 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 "C."
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XIII. FEES AND REPORTS:
The Contractor shall collect and remit to the County all funds that are collected for
fe~s, 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, bite reports, citations,
and original license certificates that are issued, on a biweekly basis. All funds must
be deposited into specific Monroe County bank accounts, and all requegs for waiver
of any fines and 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 "D." 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 as Exhibit "E." The
Contractor shall not charge any other fees for services at the Shelter unless
authorized by the County to do so.
XIV. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations
'received by Contractor, and said donations shall only be used for the benefit of
shelter animals or animals for which the Contractor provides spay(neuter or other
'services, and shall not be used to defray or re~uce County funding in the future.
XV. FACILITIES ANp EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in f'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.
XVI. 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 inv~ntory list prepared therefrom shall be
signed by both parties hereto.
6
XVII. MAINTENANCE:
The Contractor shall maintain and be responsible for the cost of repairs to
the Shelter building, grounds and equipment in order to keep same in
proper working condition. Repairs costing over $1,000 shall be paid by the
County.
XVIII. IMPROVEMENTS OR MODIFCATIONS TO FACILITY:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding property without the prior written approval of the County.
XIX. HOURS OF OPERATIONS:
The Shelter shall be open to the public at a minimum from 9:00 a.m. to 6:00 p.m.,
Eastern Time, Monday through Friday, and from 9:00 a.m. to 3:00 p.m., Eastern
Time, on Saturdays. Hours of operation may be adjusted upon mutual written
consent of the County and the Contractor; however, nothing herein shall preclude
the contractor from extending its hours of operation.
XX. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees
are strictly consider,ed 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.
XXI. 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 its care or
custody. In this regard, the Contractor shall designate employees who will be
able to remain in the County to care for the animals during and after the
disaster, or the Contractor will make ,arrangements to move the animals to a
safe location outside of the County. '
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XXII. 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 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 fo defray or
reduce County funding in the future.
XXIII. 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) colo:) national ?rigin) sex or sexual orientation) age)
'physical handicap) financial status or any oth~r characteristic or aspect in regard to
providing services hereunder.
XXIV. INSPECTION OF BOOKS AND FACILmES(AUDIT(ACCOUNTING:
The Contractor shall maintain its 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 the term expires.
.
XXV. MEDICAL RESEARCH:
In no event shall any animals under the ,care) custody) or control of the Contractor
be given) bartel~ed or sold to any medica!' research company.
XXVI. 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
8
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).
XXVII. NOTICE:
Any notice required or permitted under this agreement shall be In writing and
mailed, postage prepaid, to the other party as follows:
FOR COUNTY:
Dent Pierce, Director
Monroe County Public Works
5100 College Road, Rm. 500
Key West, Florida 33040
FOR CONTRACTOR:
Tom Garrettson, President
Humane Animal Care Coalition, Inc.
283 Saint Thomas Avenue
Key Largo, Florida 33037
XXVIII. 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.
XXIX. 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 s~~ is empowered to act and. contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contl~actor shall, upon execu~ion of this agreement, provide proof of
incorporation and a list of its Board of Directors.
xxx. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the
Contractor for the services contemplated herein. Any amendments or revisions to
9
this agreement must be in writing and be executed in the same manner as this
agreement.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA..
~%=_~__c~~\J
MayorfCnairman .
HUMANE ANIMAL CARE COALITION, INC.
By:_7~_2_~_~--
President
.
10