Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: February 16, 2005
DIVISION: Public Works
BULK ITEM: Yes x
No
DEPARTMENT: Animal Control
AGENDA ITEM WORDING: Approval of renewal agreement with the Humane Animal
Care Coalition, Inc. for operation of the Key Largo Animal Shelter in the amount of
$231,652.32 per year.
ITEM BACKGROUND: The Humane Animal Care Coalition, Inc (HACC) has operated
the Key Largo Animal Shelter for the past seven years. The current agreement, which
will expire on March 31, 2005, has two (2) one-year renewal options. HACC has
requested renewal with a CPI increase, which is currently 3.3%.
PREVIOUS RELEVANT BOCC ACTION: Awarded latest bid to the Humane Animal
Care Coalition in the amount of $224,252/yr. on March 17,2004.
CONTRACT/AGREEMENT CHANGES: Renew agreement for one year and increase
contract to $231,652.32 per year (Current contract of $224,252/yr. plus 3.3% CPI
increase of $7400.32/yr.)
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST:
$231,652.32
BUDGETED: Yes: x No:
COST TO COUNTY:
Same
SOURCE OF FUNDS ad valorem
REVENUE GENERATED: Yes
No x
APPROVED BY: County Atty: 2:...... OMB/Purchasing: x Risk Management: x
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DIVISION DIRECTOR APPROVAL:
Dent Pierce
DOCUMENTATION: INCLUDED: x TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
Humane Animal Care Coalition, Inc.
.Jl J{umane Society <Deau:atea to tFie Care oj .Jlnimafs
283 Saint Thomas Avenue
Key Largo, FL 33037
(305) 453-0826
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program we began offering
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
HUMANE ANIMAL CARE COALITION, INC. Contract #
Effective Date:
Expiration Date:
4/I/05
3/3 I/06
Contract Purpose/Description:
Renewal agreement for operation the Key Largo Animal Shelter.
Contract Manager:
Beth Leto
(Name)
4560
(Ext. )
Public Works - #1
(Department/Stop #)
for BOCC meeting on
February 16, 2005
Agenda Deadline: February 1,2005
CONTRACT COSTS
Total Dollar Value of Contract:
Budgeted? Y es~ No D
Grant: $
County Match: $
$231,652.32
Current Year Portion: $ 115,826.16
Account Codes: 001 -21000-530340
Estimated Ongoing Costs: $ n/a /yr.
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesD NoD
YesDNo0
Yes~oD
YesDNor:;a/
Date Out
Division Director
Risk Management
O.M.B./Purchasing
OMB Form Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
(Operation of Key largo Animal Shelter)
This renewal agreement is made and entered into this 16!h day of February, 2005,
between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE COALITION, INC.
(Contractor) in order to renew that certain agreement entered into on March 17, 2004, 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 $231,652.32 per annum {$224,252 plus 3.3% CPI
increase of $7AOO.32}. 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
$19,304.36 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, 2005, and
terminate on March 31 , 2006.
4. In all other respects, the original agreement between the parties dated March 17,
2004, 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
AGREEMENT
for
OPERATION OF KEY LARGO ANIMAL CONTROL
This agreement is entered into this 17th day of March, 2004, by and between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, (hereinafter called "County"), and HUMANE ANIMAL CARE COALITION, 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 Key Largo Animal Control Shelter,
(hereinafter called "Shelter") located at 105951 U. S. Highway 1, Key Largo, Florida, further described
in Exhibit "A" attached hereto, and to provide complete animal control and enforcement services from
Mile Marker 70 through Mile Marker 112 including Ocean Reef and the Village of Islamorada
(hereinafter called "Service Area") according to the following terms and conditions:
I. SCOPE OF SERVICES:
a. The Contractor will fully staff, operate and perform all current functions of the Shelter, as
further identified in the training manual to be prepared by Contractor; said training manual will be
reviewed and approved by the Director of Public Works or his designee prior to implementation.
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.
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 ofthe 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 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 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.
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/? -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 service area on a regular and consistent basis;
3. Picking up dogs that are running at-large;
4. Picking up cats or raccoons captured in cat or raccoon traps;
5. Non-emergency animal pick up from residential homes during normal operating hours;
PAGE 2
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. 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.
9. Complying with all applicable County ordinances and regulations as w~1l 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. 2004 and ending at 12:00
midnight on March 31. 2005. 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 (CPI) 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.
PAGE 3
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.
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 $224.252.00 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 $18.687.66 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 1 st 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 two (2) County vehicles currently assigned to the Shelter
identified as follows:
1. A 1999 Chevrolet Astro Van (Unit 0911-020)
2. A 2000 Dodge 1500 Pickup Truck (Unit 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 "8." 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.
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."
XIII. 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
PAGE 4
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 liE." 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 "B." 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.
XIV. 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 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.
xv. 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.
XVI. 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.
XVII. 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.
XVIII. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelters, appurtenances, or surrounding
properties without the prior written approval of the County.
XIX. HOURS OF OPERATIONS:
At a minimum, the Shelter shall be open to the public 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;
as follows:
PAGE 5
Hours of operation may be adjusted only upon mutual written consent of the County and the
Contractor.
XX. 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.
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 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.
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 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.
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, color, national origin, sex or sexual orientation, age, physical handicap, financial status or
any other characteristic or aspect in regard to providing services hereunder.
XXIV. 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.
XXV. 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.
PAGE 6
XXVI. 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 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.
XXVII. 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).
XXVIII. 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
Thomas F. Garrettson
283 Saint Thomas Avenue
Key Largo, FL 33037
XXIX. 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.
XXX. 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.
PAGE 7
XXXI. 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.
.......,
/JIN.YVlTNESS WHEREOF, the parties hereto have set their hands and seals on the day first
writteil caooye;. '\
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BOARD OF COUNTY COMMISSIONERS
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PAGE 8