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Item D27 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: May 18, 2005 DIVISION: Community Services BULK ITEM: Yes x No DEPARTMENT: Animal Control AGENDA ITEM WORDING: Approval to award bid and enter into an agreement with Stand Up for Animals, Inc. for operation of the Big Pine Key and Marathon Animal Shelters in the amount of $248,598 per year. ITEM BACKGROUND: On March 16,2005, sealed bids were opened and SUFA was the only bidder. Upon review of the bid and bid criteria, staff recommends the current contractor, SUFA. PREVIOUS RELEVANT BOCC ACTION: On May 19, 2004, the Board approved the 3rd and final renewal of the current contract with SUFA, which expires on June 30, 2005. CONTRACT/AGREEMENT CHANGES: new contract. STAFF RECOMMENDATION: Approval. TOTAL COST: $248,598.00 BUDGETED: Yes: x No: - COST TO COUNTY: same REVENUE GENERA TED: Yes No x APPROVED BY: County Atty.: x OMB/~asjng: y ~ l 1 I X Risk Management: - /i / ; 1/ x DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED: x - NOT REQUIRED: DISPOSITION: AGENDA ITEM #: (f) 0::: w ~ W I (f) ...J o 0::: I- Z o U ::E ...J f- <( ~ Z 0 1-1 W 0 z :E <( ~ ~ z ~~Iii~ ~ O~WLl1 <( V) u. J: 8 0::: ~OU)N ~ :;: CJ ~ \.0'" <X'J ex: ~ .....-l >- ~U)!:;I W <C..... U ~ ~J:5~ w ~~a3::E ~ <( :::) <C .. ex: Q. t- w (!) I- I- 1-1 (f) <( co 1-1 0 W ~ Z I :E W I- o 0.. u.. <( 0 0 Z o ~ W 0.. o s: o 'Vi '5 i:5 V) \\l OJ '5 L.. \\l V) ~ '2 :::I E E o U I o s: o :E >- """C S;;;; o V) I- Z W o Z o 0... U) w 0::: ~ OJ ~ 4- o 0"1 S;;;; 'Vi o ...c OJ L.. :::I a... I tII \\l r;... o t >: 1I1 o t:. (3 """C S;;;; o >- L.. 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Contract # Effective Date: Expiration Date: 07/01/2005 06/3012006 Contract purposelDescription: Operation of the Big Pine Kcv and Marathon Animal Sheltcrs Contract Managcr: Sandy Molina (Name) 4500 (Ext.) Community Services - # 1 (Departmcnt/Stop #) for BOCC meeting on May 18, 2005 Agenda Deadline: May 3, 2005 CONTRACT COSTS Total Dollar Value of Contract: $248,598.00 Budgeted? Yes!2J No D Grant: $ County Match: $ Current Year Portion: $62,149.50 Account Codes: 00 1 ~21000-530340 Estimated Ongoing Costs: $ nla /yr. (Not included in dollar value above) ADDITIONAL COSTS For: (e.g., maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Management Changes Needed YesD NoD YesD No~ 5/1. b5 Ye,O Nou;( 5) 6 Lhj YesD NOcr/ Date Out Division Director 5~ {"if o'S County Attorney O.M.B./Purchasing Comments: CONTRACT (Operation of Big Pine and Marathon Animal Shelters) THIS CONTRACT, is entered this 18th day Board of County Commissioners of Monroe County, UP FOR ANIMALS, INC., (CONTR1\CTOR). May~ 2005, by and between the (COlJNTY), and STAND WHEREAS, County h.as certain responsibilities under Stare and COli.l1ty laws, to provide a...l1imal control services and enforcement of to animals; and WHEREAS, it has been determined that it is in the and visitors to the that a contract a private THEF~FORE of the residents of such services, NOW IN CONSIDERATION OF the mutual promises contained herein, the agree as follows: 1. TERM OF AGREEMENT: This agreement shaH a month period beginning, July 1, 2005 and ending at 12;00 midnight on June 30,. 2006~ The term of this agreement shall be renewable in accordance Section IV. It PAYMENT: tomI compensation to be paid to the Contractor in considerntion of its services under Agreement shaH be $248,598.00 per annum. The County shall pay the Contractor on a month in arrears basis in an amount to l/12 of the total cost oft.ite or $_20~116,50 month.. The Contractor shaH provide a monthly invoice on the ist day of each month to the Division payment shall be made on or aoout the 15t day the In event fu..'1ds are partially reduced or cannot be obtained or continued at a suftlcient to allow the of services contemplated, then contract be terminated of the COl."Li'lty upon notice of being delivered mail to the The Coooty will not obligated to for any by the Contractor after the Contractor received of inlmediate termination, SCOPE OF to at Industrial Marathon, L STAFF: The Contractor will fully staff, operate and perform aU current 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 Community Services or his designee prior to implementation. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County Health Departnlent and foHow all local and state laws, regulations and procedures, including but not limited to EA.C. lOD~3.091. Procedures for Control of Specific Communicable Diseases and Chapter 64B16- 29, Animal Control Shelter Permits, 3. CARE ANU,"1ALS: (a) Contractor will receive and properly confine aU animals iliat are brought to the Shelters or which become the responsibility of the Shelters. AU animals the custody of the Contractor shaH have a constant supply of fresh water and be fed a diet appmpriate for their species:, breed, and physical conditione (b) The Contractor shaH provide appropriate care fur sick and injured animals in its custody and shaH obtain the servi.ces 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. The Ccm.tractOf shall provide personnel and materials necessary to.huma..nelyeuthan1ze animals designated tQr euthanasia by LiIe supervisors or designees of the Shelters. The primary drug to be utilized for euthanasia shaH be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane man.'1er and with state and county The Contractor's personnel who perform euthanasia will appropriate certificates attesting to the employee's authority to perform euthanasia, copies the vviH be fonvarded to the Director of Communitv '" or designee. The Contractor heartworm to aU dogs, provide deworming to aU adoptable animals, and shall have a program. in place flea Contractor shaH funding sources to provision of feline leukemia virus testing and, obtaining such provide leukemia testing all adoptable and eats. 4. l\riAINTENANCE OF PREMISES; The Contractor shJ1l1 maintain the Shelters, induding kennel areas, cages and euthanasia and aU equipment in a dean, safe, and sanita.y manner. 5. ADOPTIONS: (a) The Contrat.:tor ensure rabies inoculations will be given to aU adopted and redeemed animals as required by law. (b) The Contracwr win an adoption through the Shelters for the purpose of securing suitable homes fur adoptable animals. The Contractor shaH 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 periodicaUy by the Director of Comoounlry Services or his designee as to form and practicality. All adoptable animals win be available inspection by the public during oom1al hours. The Contractor shaH utilize Adoption Agreement attached hereto as EXHIBIT "A, ~ unless modified by \~l!itten and signed directive from the Director of Community Services. (c) The contractor shaH enforce the pn:rVlSlOns of the c-Ontract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered prior to releasing the animal or transferring oVvl1ership to its adopter. ISSUANCE OF COill~'TY LICENSES: The Controctor win license certificates for dogs as required by the Monroe County Code and coHeet the fees establisbed by COi.L"'1ty Resolution therefor. The Contractor win be responsible for determining that aU requirements have been satisfied an applicant prior to issuing a license certificate and shaH remit ail tees therefor to the County. 7. POLICIES AND PROCEDURES MANUAL: The Contractor maintain it Policies and Procedures Manual guidance of aU staf[ a minimum~ it shaH set forth the 1 L Objectives 2" for Organization" adoption, retum to other disposal 3. Protocnls for responding to animal control whether nature of law enfurcement, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a. prerequisites certain positions b. keeping staff current 6. Training provided* shall include: a Shelter Policies & Procedures (required of an staff, including volunteers) b. Basic Pet Care c. Veterinary Health Care d. Animal Behavior e. Animal Handling f. Breed Identification & characteriB1:ics g. Obedience Training h. Behavior Problem Solving 1. Counseling Methods l Conflict Management (required of aU law enforcement personnel) k. Grief Counseling L Te1ephone Manners and Customer Service Skills * Items a & j mUst be at in part provided in a classroom or seminar type setting, with live or video teaching. AU other training may be self-study, although some in-person or video training is highly recommended. Training shall be provided appropriate to the position fined by whether that worker is an employee or a volunteer. 7. Adoption Guidelines, which illEl! absolute Iv requiruterilization oial! animals prior to release to ad..opter. Other guidelines shaH address, at a minimum: a Consultation tr.e prospective adopter. Prospective adopter's commitment to be responsible for providing care~ safe environment, veterinary bills for life of the a.'1ima.L c. Animal's disposition and that of members (huma.'1 and animal) or the household to enha."1ce as wen as possible the probability successful placement. 8. HOURS OF OPERA nONS: At a Artimal Shelter shaH be open to the public from 10:00 a.m. to 2:00 p.m., Eastern Timt\ Tuesday and the Marathon 14nimal Shelter shaH be to public from 9:00 a,m. to 5;00 p.m., Eastern Time, Tuesday through Friday, and 9:00 1l..ffL to p.m"; Eastern time, on Saturdays and Surl.daYft Hours of operation be adjusted County the Contractor. mutual written consent of the R ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services vvithin the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that aU animal control officers complete the ffi<.mdatO:ry certification program outlined by F.S. 82827 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shaH be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the Director of Community Services, or his designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24-hours per dayl7-days a week) for Priority One calls which are: a. I~ured animal; b. Bite cases; person bit by any warm-blooded creature; c. Animal bites: to other animals; ct, Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 4. Picking up dogs that are running at-large; 5. Picking up cats or raccoons captured in cat or raccoon traps; 6. Non-emergency animal pick up from residential homes during operating hours; 7. Picking up dead animals along County or rights...of-waY,li1d arrange for proper disposal in accordance v,lith applicable laws, regulations and ordinances; ~t Disposing of any animals are euthanized or care, custody, or control of the Contractor, applicable laws, regulations and ordinances" expire while in the ill accordance aU 9. Investigating aU reports violation local and state and regulations relating to animal control and, when warranted by the facts, issue citations and/or prosecute all persons charged Vvith violation of said ordinances: regulations, which includes representing COiLtlty in court when required. Further, upon tcnnination of this agreement, the Contractor shaH complete aU cases originated by including representing the in court necessary. 10. Complying aU applicable as the laws of the State Florida. ordinances regulations as wen FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, license certificates, citations, penalties, adoptions, etc. In Lnis regard~ the Contractor shaH receipts and keep appropriate records of all funds received and provide the Director Community Services 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 basi::" AU f1ll1ds must be deposited into specific County bank requests for waiver of any fines or fees owed to County must be submitted in writing on the County- approved affidavit form to Director of Community Services or his designee, said affidavit fonn is attached hereto marked Exhibit wH. n The Contractor shall only charge fees as outlined in County Resolution 496-2000, as same may be amended from time to time; said is attached hereto and marked Exhibit "'C." The Contractor shaH not charge other fees services at the Shelters unless by the Coumy to so. D. REPORTS, The Contractor shaH provide the Director Community Services or his designee \Vith copies of an bite reports and citations that are issued on a weekly basis. Contractor shaH submit on a monthly basis to Director of Community Services the following reports: Adoption Reports, by species & age (mature/immature), with separate accounting showing Pure breed; returns and (2) Complaint Reports, showing manner (telephone course of duties); and the action (3) & were feral, diseased or injured. (4) of animals taken & brought in, picked up & redeemed. (5) collected, the conected following: licenses, denials. tor bites, nuisaflces, cruelty, other; to office, encounter and number each of at the month at the end of the the event a to designate at least three the disaster for animals not evacuated employees' at reqmre a to 1,2 or 3 Hurricane or shaH provide t.ne Pet Friendly Special Special evacuation No person or Agreement to entitlement to or the be entitlezi to rely upon the terms, or any of this or attempt to enforce or attempt to any third-party claim or any service or program agree that neither the COll.'1ty nor have the to or group of under Agreement or for purposes contemplated Contractor or any agent, or or entities, or to the option to renew agreement after the additional one-year periods. Tne contract arnmmt agreed to herein ammaUy with the in the Price ail urban consumers fur most recent 12 upon The tt~e term and its STAFFING: Since this contract is a senice agreement" staffing is of paramount Contractor shaH provide services using foHO\\ring standards, as 11 minimu.vn requirement: The Contractor provide at own expense aU necessary personnel to provide the services under this oontFaet. The personnel shall not be employees of or any contractual relationship with the County, 13. AU pe:rsonnel engaged in performing under Li[is contract qualified, and, if required, to he authorized or permitted under State and loeal perform such services. VIlt UTILITIES: The Contractor shan be responsible for payment of aU utility charges for the Shelters. utility accounts be held in Contractor's name. IX. VEHICLES: County leases to the Shelters identified as two County currently assigned to L 1995 FI50 Pick Up 0910/0(1); 2. 2004 Ford F150 Heritage Tmck (Unit 0910/082); The Contmctor shaH responsible to operate In addition, repairs to vehicles and shall maintain them accordance schedule attached hereto .as Exhibit "D." Contmctor oil annually each ve:rnde~ schedule Monroe County no times The Contractor the option of Management preventative maintenance, at Fleet's current or to the of Corrnnooity or verify that the required maintenance has been County from vehicles at any supplies for an average of with HOLD covenants Corrnnissioners and (including occaqioned by the or Subcontractors in errors, or other employees, or act Contractor The extent is in no limited this agreement. or u"1e Insurance VL1, and incorporated as in Prior to Owner Certificates Requirements WC!, All Property EXHIBIT "E." of Insurance as indicated on fonus Animal E&O, TCS, as DONA nONS: on for records of aU donations received be used by Contractor for provides spay/neuter or other the the entity available to The Contractnr at the Shelters benefit shelter or services, shall not be case solicited by must its of the through Friday, a.m. an amount not to to the is UllwiHing or not total entity < XII. sala and additional equipment responsibility an he assumesfuU responsibility therefor. rne provisions tbe shaH control any inconsistent provisio.ns contained specifications. An speciflcations been carefully Contractor, understands same agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against Lne Owner tha.~ against the Mi\lli'TENANCE: The Contractor shaH maintain be responsible for the costs of repairs to Ll)e Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to. commencement repairs~ the County must notii1ed~ in v\lnting, repairs estimated to. cost over $1,000.00. If repairs are approved County, the Contractor shaH pay the first $1,,000.00 of cost regardless of the total cost of said XVt IMPROVEMENTS OR MODIFICA TJONS F ACIUTIES: improvements or modifications surrounding properties without the prior be made to the Shelters, appurtenances, or approval of the County. XVU. FUNDRAISING: The ContmcK)r may use the Shelters for fundr-alsing or for selling merchandise after its items have been reviewed and approved the Director Community Services or his designee. Requests, for events shall he requested by the Contractor in writing and appmved by the County Administrator in v.Tiring. Funds raised the Contractor from fundraising or events at the Shelters .shaH only be used to benefit the shelter animals or animals for which Contractor provides spay/neuter or other services, and shaH not be used to defray or reduce County fimding the PJture. XVIII. NON-DISCRIMINATION: and agree wm be no against person, and it is expressly upon a deren-nination by a court of competent jurisdiction that discrimination has occurred~ Agreement automatically terminates without any further action on the of any party, effective the date the court or Contractor agree to comply Florida smtutes~ and all ordinallccs. as applicable, relating to nondiscrimination, These include but are not limited to: 1) Title Civil Rights Act of (PL 8g~352) which prohibits discrimination on race, color or national Title the Education A.mendment of 1 as use 58. -1683~ 1685-1686), discrimination on the basis of 3) Section of the amended (20 USC s. The Discrimination of 1975, as discrimination on L~e Act (PL 92-255), as abuse; 6) Comprehensive and Alcoholism Prevention, and Rehabilitation 1970 (PL -616), as amended, nondiscrimination on the of alcohol abuse or Health Service Act of ss. 523 527 (42 use S5. 690dd~3 and 290ee-3), as amended, to confidentiality of drug records; 8) Title VBI the Act of 1968 (42 use s, et seq.), ,a'i amended, to nondiscrimination the sale, or financing of housing; AmericaI'lS Disabilities (42 use s. as maybe amended time to to nondiscrimination on the basis of disability; 10) County eh. 13, prohibiting discrimination on t.'!}e of color, disability, national sexual gender identity or expression, status or age; 11) any other provisions in Federal or state statutes which may apply to the parties or the subject matter this XIX INSPECTION BOOKS AND F ACILITIESI AUDIT! ACCOUNTING: The Contractor shall maintain Lb.e accounting principles, the shelter at any time. provide the County audit prepared Contmctor retain records years after tcnn generally accepted records and the shall, at it'S expense, an independent Certified to this for a period XX RECORDS: The shaH comply to provisions providing the ofille from disdoEmre. Florida. subject XXI. MEDICAL RESEARCH: or control the be XXIII. BREACH OF TERMS CONTR.A.CTOR: The passing, the Ov"l1cr of any defect in the services furnished by the not operate as a waiver by County of strict compliance \Vith the terms of this: Contract, and specifications covering the services. County immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatm.ent of animals. Any other Contractor breach of this agreement be governed by article above on termination for cause< The Contractor agrees that the County Administmtor may designate representatives to visit the facility(ies) periodically to Contractor~ s maintenance of the premises, at'1d care provided to animals. The agrees that the County Administrator may designate representatives to the f8J.Ciiiry(ies) periodically to conduct random open file evaluations during Contractor's business hours. XXIV, TERMINATION WITHOUT County may this agreement 'lAtith notice oftermination at least sixty cause Contractor prior to the date of termination, XXV. TERI\lINA nON WITH CAUSE: The County may te:n:ninare this agreement cause if the Contractor shaH default the performance of its obligations under agreement Default shaH include the occurrence of anyone of the events same is not corrected to the satisfaction of the County fifteen (15) days after County provides Contmctor wntten notice of default: 3" Failure to provide food or water for in the custody of ContractoL b, Failure to procure appropriate veterinary care for sick or injured the custody c, to in a manner, d, Failure to w.aintain the Shelters in a safe and s~nitary marmer, e. Breach or requirement of this agreement ASSIGNMENT: its obligations under this approval of the Board of which shall XXVII. LAW: to, or adopted, a to te:rn:! of this contract. DISCLOSURE AND CONFLICT OF The presently have no interc-st and shaU acquire no interest, either direct or which any manner by as in 1 as financial Fll'-lANCIAL RESPONSIBILITY: not pledge or it a debt, obligation, judgment, lien, or any form warrants and that it no to fulfill the terms contract, or for any The Contractor that would impair or XXX. NOTICE REQUIRE~1.ENT: hand notice or to the or FOR 1 FOR CONTRACTOR: TAXES: T;'1e is from payment of Contractor not be ex.empted by tax to its suppliers materials to the to use the County's materials, The Contractor withholding, related to services rendered under Exemption for any a..'1d Sales taxes, Tne exemption from contract, nor is: Ln such or GOVEF~ING This Agreement is the arising under Agreement must be in prevailing party is to Venue for Florida, In the event and costs. XXXIII. PUBLIC CRIME STATEMENT: been on a may not submit a bid on a contract to goods or services to a may not a bid on a a public fo.r construction or of 11 public building or public may not submit bids on leases of real property to public not 'be awarded or perform as a supplier, subcontrdCtor, or consultant under it contract public and may not with public in excess the amount F,S. CATEGORY a period vendor list The signatory n~me as and a agreement between the and herein. Any amendment., or to same man.~er as this agreement. have this Agreement on counterparts, each of which an original contI-act, CLERK BOARD OF COMMISSIONERS MONROE COuNTY, By: By: Clerk By: By: