Loading...
Item C02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: January 19, 2005 DMSION: Public Works BULK ITEM: Yes x No - DEPARTMENT: Animal Control AGENDA ITEM WORDING: Approval of Agreement for Park Improvements with the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. concerning the Higgs Beach Dog Park. ITEM BACKGROUND: The County passed an ordinance enabling an enclosed greenspace for dogs at Higgs Beach, and the Florida Keys SPCA has raised funding to make the necessary improvements to the existing park to establish the dog- friendly segment of the park. Under this agreement, the County will be reimbursed by the SPCA for materials and service used to improve and renovate the property to establish the dog park area. PREVIOUS RELEVANT BOCC ACTION: Adoption of Ordinance No. 034-2004 on October 20, 2004, establishing the dog park at Higgs Beach. CONTRACT/AGREEMENT CHANGES: n/a - new agreement. STAFF RECOMMENDATION: Approval as stated above. TOTAL COST: $25,000 BUDGETED: Yes: No: COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE GENERATED: Yes No APPROVED BY: Co. Atty.: x OMBlPurchasing: x - Risk Management: --!- DIVISION DIRECTOR APPROVAL: (~~ Dent Pierce DOCUMENTATION: INCLUDED: x TO FOLLOW: NOT REQUIRED: AGENDA ITEM #: (1~ DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. INC. Contract # Effective Date: Expiration Date: 1/19/05 6/30/05 Contract Purpose/Description: Funding reimbursement agreement for imorovements made to establish the Hie:gs Beach Dog Park created under MC Ordinance No. 034-2004. Contract Manager: Beth Leto (Name) 4560 (Ext. ) Public Works - #1 (Department/Stop #) for BOCC meeting on January 19. 2004 Ae:enda Deadline: January 4. 2004 CONTRACT COSTS Total Dollar Value of Contract: Budgeted? YesO No 0 Grant: $ County Match: $ $25,000* Current Year Portion: $25,000 *to be reimbursed bv the SPCA Account Codes: Estimated Ongoing Costs: $ nla Iyr. (Not included in dollar value above) ADDITIONAL COSTS For: (e.~., maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW County Attorney i-f "'UJ() 'I' Changes Needed YesONoO YesO Noif .... Date Out ~ ( -{(-as Division Director ~ I~ Risk Management O.M.B./Purchasing YesONoO Comments: AGREEMENT FOR PARK IMPROVEMENTS This AGREEMENT dated the 19th day of January. 2005, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" and Florida Keys Society for the Prevention of Cruelty of Animals, Inc., a Florida not-for-profit corporation, hereinafter "Funding Agency". WHEREAS, the County passed an ordinance enabling the establishment of a dog-friendly park at Higgs Beach, hereinafter "park" or "property;" and WHEREAS, the Funding Agency has raised funding to make the necessary improvements to the existing park in order to hasten the establishment of the dog- friendly segment of the park; and WHEREAS, the parties have determined that it is in the best interest of the community to enter into an agreement that the County make the appropriate improvements through employees or contractors with the Funding Agency to pay the contracted providers and suppliers directly for the materials and services rendered at the park; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the parties have entered into this agreement on the terms and conditions as set forth below. 1. AGREEMENT PERIOD. This agreement is for the period January 19, 2005 through June 30, 2005. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs12 and 13 below. 2. SCOPE OF AGREEMENT. The County shall obtain necessary permits and provide for the installation of fencing, placement of berm, installation of electrical and water utility connections, installation of four light fixtures, water fountain and/or hose bibs, signage, garbage cans, and mutt mitt stations. 3. AMOUNT OF AGREEMENT AND PAYMENT. The Funding Agency shall provide an amount not to exceed $25.000.00 for materials and services used to acquire, improve, rehabilitate, repair and renovate the property. Funding Agency shall make payment to the County within 10 days of receipt of invoices and supporting documentation. County may elect to have vendors and contractors paid through the direct vendor method, upon submission of appropriate documentation as outlined above and a specific request that payment be made directly to the vendor or contractor rather than to County. 4. RECORDS AND REPORTS. (a) Record-keeping. The parties shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and Funding Agency shall give access to these records at the request of the County, the State of Florida or authorized agents and representatives of said government bodies. Records shall be retained for a period of four (4) years after the termination of the contract period. (b) Public Access. The County and Funding Agency shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Funding Agency in conjunction with this Agreement. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms Qf this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Funding Agency and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Funding Agency is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the Funding Agency or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 7. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 8. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the Funding Agency shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to the Funding Agency. 9. HOLD HARMLESS/INDEMNIFICATION. The parties hereby agree to indemnify and hold harmless each other, from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for 2 litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The County's liability under this provision is subject to the limitations of Sec. 768.28, F.S. Either party shall immediately give notice to the other of any suit, claim or action made against the either party that is related to the activity under this agreement, and will cooperate with each other in the investigation arising as a result of any suit, action or claim related to this agreement. (a) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Funding Agency in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 10. NONDISCRIMINATION. County and Funding Agency agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Funding Agency agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug_ Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis 3 of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI-KICKBACK. The Funding Agency warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 12. TERMINATION. This agreement shall terminate on June 30, 2005. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to Funding Agency. The County may terminate this agreement without cause upon giving written notice of termination to Applicant. The County shall not be obligated to pay for any services or goods provided by Funding Agency after Funding Agency has received written notice of termination. 13. TERMINATION FOR BREACH. The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Funding Agency shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching in-kind services at or above the rate of request for reimbursement or payment by is a breach of agreement, for which the County may terminate this agreement upon giving written notification of termination. 14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Funding Agency and the County. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (a) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Funding Agency agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 4 (b) The County and Funding Agency agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Funding Agency agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. (d) Attorney's Fees and Costs. The County and Funding Agency agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out- of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. (e) Adjudication of Disputes or Disagreements. County and Funding Agency agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days atter the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. (f) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Funding Agency agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Funding Agency specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE. Funding Agency warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in 5 violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. The County and Funding Agency warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Funding Agency agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ~a) Covenant of No Interest. County and Funding Agency covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 17. 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 an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity for the 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, sub-contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 18. AUTHORITY. Funding Agency warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Funding Agency below certifies and warrants that the Funding Agency's name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the Funding Agency, and this agreement has been approved by the Board of Directors of Funding Agency or other appropriate authority. 6 19. LICENSING AND PERMITS. Funding Agency war:rants that it shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 20. INSURANCE. Funding Agency agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Funding Agency and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Funding Agency for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Funding Agency of the obligations set forth in this agreement. 21. NOTICE. Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: For Funding Agency: (name) (address) For County: Director, Public Works 1100 Simonton Street Key West, FL 33040 and Suzanne Hutton, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS fOR FEDERAL OR STATE AID. Funding Agency and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES, NON-DELEGATION OF CCONSTITUTIONAL OR STATUTORY DUTIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 7 24. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Funding Agency agree that neither the County nor the Funding Agency or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. ATTESTATIONS. Funding Agency agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 26. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 27. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts,each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 28. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) ATTEST:DANNYL.KOLHAGE,CLERK By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: President CI: <;: c:: Deputy Clerk Mayor/Chairman (SEAL) FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. By: 8 CommissIOner Spehlr .QID.III_CE .,,- 1M ~ 2aM AN ORDINANCI OF THE IOARD OF COUNTY COMM....ON... OF MONRO' COUNTY, PLOUDA, ADDINIl SIC. 11.1-5 (p), MONROE COUNTY COD!, IN ORDIR TO INCLOB. A ..I!N8PACE FOR DOCII AT HleGl .EACH COUNTY PAlIK OP ICI!Y WISfJ PROWDIN. POR 1eYIR.A8IUTY, PROVIDING FOR THE UPUL OP ALL OIDlNANCII INCONSISTENT HDlwntI, PROVIDING .OR INCORPORATION INTO THI MONROI COUNTY CODe 0' ORDINANCI!I; AND PROVIDING AN 1F..ClIft DATI.. WNIRlAI, on AprR 18, 20Dl, Mey 1St 2001, and August 15, 2002, tfte ISOIrd of County COrrmtsslonlS"S d MonrcM COunty, FlorIda, adopted OrdtnlltlC8S No. 19w2001, No. 21-2001, end No. 30-200~ rapedJVelv, authorizing pets rn spedfted open spaces at Hloas IeIdI CountY P8f1( subject to cert"n conditione; and WH_'" the Board or County Comml$StOners or Monroe COunty, Florida.. hlVe.-.oelY8d I requeetto 8SbIbllsh. dog plrk It HIQGs IMdI, In ttle Oty of K8Y West, Monroe County, Florid.; end WHIDAI, Key Welt Is Mill known IS . dOg trtendly town ~ and WHlRI_ t II not uncomm04'l for dogs to go to work with th81r owners In KIIY West; and WHIR'AS, m.ny Key W'-: apan air dinln; lAd drinking estIbllShments welcome dogs with their owraers .nd even pr'Ovlde water for thetr canine visitors; and WH_as. restrain" dogs .re .llowed In lome Of the IOCII PlrIcs frequented bV toddlers and the .'derty who ere susceptible to Injury from urnstr8lned dogs: and WHI...., endosure Df one or the ..rue prevlousJy d8slgnawd IS permitting pa would pfOvlde the following btntftts: I lpedfic ..re pIKe tor dogs to play, pIW8ntIng dog Infrinoement and WIste In other areas, own... monItoring pet wa_ cl.....up, requl~nt of proof tI vecdnatlons Md Ncenstl to enhance com__nee with County Cod., .nd users or tt1e park mlV deblr crime-in nelghborlftg .....9; now thel1tfare Be IT ORDAINED BY ~I! BOARD Of COUNTY COMMl'SSIONERS OF MONROE COUNTY, FLORIDA: SIId:lan 1. sec. 13.5-5, Monroe County Code Is ttereby ilIrnendfld by the addition of the fOllOwing: {p) An open green,pace may be endosed at: Hfg;S Belch COunty P.~ Monroe County, Flotfdl, located .. set forth In Ittactunent A, pl'OVlded that said enclosed ,,.nspaat shal meet the tbUOwlng mInimum reQuf......nts: (I) (II) (UI) flV) There sh.1I be . f'ence four to six re.t high with I minimum access Of a double entry G.be and on. malntlnlnce tUlte. There sh.1I be an .... partitioned off fOr use by smell dags (under 25 pounds). The,. shall be . waste dlsposal station with plastic bags and a COVIred gerba"e can by ..ch entry gate. Lighting _net water utilities shin ba provided. There shan be signag8 with rul. for .nclOlId greel1sPlOI UII. Such rule shan 1nc:IUd8, but not be limited to: (A) OWners must dean UP after pets Irtd properly dlspOSe of WI" (I) ,... exhlbltfng lag~v, behavior or (7tI.tlng . nut.nee must be ImrMdllteS, removed.1rOrn the MCIollld GreenlPaC8. ee) ChlIdren under age e .re nat aflowed. ChUd...n under 16 must bI.ccarnpaRled by an adult. CD) All dogs must have c;urrent rabies vaa::lnlt~onl Ind County lICe.... end be wl.rlnG theIr tags while In the endoeecl grle.,spece. (E) Dogs In tteat, m and hwlng exee.tve ftea, tlclc$, or other In.-nel or tDCternal per_ibis are nd: .'Iowed. (fl AI flags must be aecomPlnled .t III tlntes by '" adult human owner or I'IIInder. (G) There shill be no men than th.... dags per owner or hlndter PI" vl$Jt. (H) Puppies under 4- monthS .e not allow.d. (I) l'f. dOO dip, 1ft. dog must be smp_ immediately .nd ttI. owner/hlndler must 1m the hOle. (1) twk gates mly not be Ie1t open at any time. (K) No rall_l.des, satebOlrds, or blcycl. .... allowed In the eftdoud gNlnSpace. (L) The "ours--I be frOm 6 am to 11 pm dally. (M) ",. CCKlntv ComrnIs$iGn may establlstl addttloMl ru" gOVerning the .ndosed greMlpIC8 by further ordinance. 9KtIan 2. It .nv MICtIon, subsection, ...tanatr dIU" or provision of thIS ordinance held InYlIId, th. rematnder ofthls orcilnlnce shan not bl .ff8c.Ud t)y such mvddty. (v) '. .. 'C'!. ..: _. ... .- . _I N ~ ... .. .. .0 _.~... . "r"'~ ='= ... ~ ...... ,..- c.. .. .. "'--II :--.~.- :;, ~..; :.;) \.0 : .:..) ..:) .u '. . .. ~...::..w ~"T . ._Jo C ~r_~ -0' . ., ...... ..... ....~ c::' . .... .... Cat'Hon 3.. All ordln.nces or parts of ordJnanees In conflict with thIS ordinance .1"11 heret repealed to the IIXtent of s.. contIIet. ~ian 4. The provisions otthls ordlftlnee sh,1I be Indud. Ind InCGrpot1ted In tha cae of Ordinances Of tbe County of Monroe, Ftortd.~ 8. an addition or amendment thlllWtO, and shall t approPriately ~numblred to conform to the uniform numberinG system or the Cacte. SKtfan 5. this ordln.nc.e $bea take eIT8ct Immedlatelv upon ...aalpt of aftldll notice ft'oI the Offtce 0' the Secnltary of State of the State of Florid. thIt Utls ordlnlM8 hi' been "led with sa omce. PASSEO AND ADOPTEO bY'the Board of County Commlsstonn of MonlO8 County. Florida,. . regullr meetinG of ..~d Ba.reI held on the 20th dWf of October, 2004. .",~.$On - .r{,,':oji(,. i~ - /',.. .. .i'*.i.. . . N 1m :i' .' ~ ~ eu;etrt .dl ~~\; ~.".~~ 0 ~ .iit..~eh" !AI ~'.c 1-:.,:.,.1 .: '=!Io.:t. .. , ..... ..... ,I _ hT;:." ~-.~.c.r ....,1' ,'1 ~. ~. . ~ 1- .. ..~.4 ~~~i . :. : w.; A ~A.G!, Clertc. By w .~ -~ .. . ~ 61J . Deputy Clerk BOARD OF COUNTY COMMISSIONERS OFMON~IlIY.~ By 7-,~ ~ MONAOS COUNT't ftT"DAI_, Mavor/Chalrperson