Item C26
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15. 2005
Division: Community Services
Bulk Item: Yes -.L
No
Department: Community Services'
Staff Contact Person: Sandy Molina
AGENDA ITEM WORDING: Approval of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E
of the Contracts between Monroe County and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. and Stand Up For Animals.
ITEM BACKGROUND: These Exhibits were inadvertently left out of the Contracts at the May 18,
2005 BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION: On May 18, 2005 the BOCC approved the above
Contracts.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/ A
No
COST TO COUNTY: N/ A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No N/A AMOUNTPERMONTH_ Year
APPROVED BY: County Atty N/A
OMBIPurchasing N/ A Risk Management _ N/ A_
DIVISION DIRECTOR APPROVAL:
7 '.'~
, /i/,,-_
JIM MALLOCH, Division Director
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
EXHIBIT" A"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOPTION AGREEMENT
(ORGANIZATION'S NAME)
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization),
the "Agency" this ~ day of (month), 200_.
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
l. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on
a receipt provided to Adopter: Adopter may return the animal within 10 days of adoption without
further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital
disorder: Any return after that time or for other than a congenital disorder will be subject to the
Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter
care for the County shelter, none of the adoption or other related preparatory fees are refundable.
3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages
against Agency and Monroe County, their officers, employees, agents and representatives which may
result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for
the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement that the animal has been neutered/spayed or shall return the animal to the Agency for such
procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay
all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this
issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be
entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in
force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal
without first giving Agency the right to take possession and ownership of the animal, subject only to
the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter)
(Signature of Agency Representative)
EXHmIT "B"
AFFIDA VIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I, , (name) who being first duly sworn, in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
l. I am the owner of
(name(s) of animal(s)
who are, respectively,
, and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
(date of 1 5t charge)
,$
2.
F or the period of
to
(date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one)
I) the charges (or)
2) any more than $
without substantial hardship to myself or my family due to the following circumstances: (check all that
apply)
(A) My household gross monthly income from all sources is less than:
(1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household.
(B) I do not have cash (including checking and savings account) in excess of$500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly
describe in the space provided below:
(D) I do not own real or personal property which are not used by me for shelter and the
necessities of life. If this item is checked, briefly list and describe all real property and automobiles
owned by affiant:
4. If any statement herein is determined to be untrue, I agree to pay such charges as have been
waived as a result of this affidavit.
( signature)
SWORN TO AND SUBSCRIBED before me this _ day of , 200_, by
, who is personally known to me _ or who produced
,as identification.
Notary Public - State of Florida at large
Concur
Animal Control Director
Concur
County Administrator
l/ic Works Division
RESOLUTION NO.'196 -2000
A RESOLUTION OF THE BOARD OF COUNTY COMMiSSIONERS OF
MONROE COUNiY. FLORIDA, AMENDING RESOLUTJON NO. 135-2000
CONCERNING FEES FOR ANIMAL CONTROL SERVICES; IN ORDER TO
INCREASE THE COUNlY LICENSE FEE FOR UNSPAYEDIUNNEUTERED
ANIMALS FROM $20.00 TO $35.00
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, as follows:
Resolution No. 135-2000 is hereby ilrncnde.d to read '<IS follows:
SERVICE
FEE
Pickup:
1 sC time
2t'd time
3rd time and more within 12 months
$ 25
$ 50
$100
- . .
The pickup fees set forth above shaH be doubled jf the animal picked up was not vaccinated for r::Jbies.
Board (per night) .$ 10
Adoption .$ 10
:r 0
Disposal $ 10 0 -0 .."
:;c; >
;:0.(")== c_: . r-
Counly License: o,-z :z:",', f71
f'l:1;;z;:-< ::z:: . Q
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DC"'>:
spayed/neutered $ 10 c55::r:. Ct> 0
;:x:;
unspayed/un~eulered $ 35 ~'o -0. ::0
.~% .:l:
replacement $ 2 -'. fl1
"Ii- ~ .ro;. C")
r- O' ....1 0
Dangerous Dog Cer!ilicClle of,Rcgislration ~ _.1'>- m (.;;;)./ ::0
-.1' U
,First Year ~10Q
Annual renewal $ 50
PASSED AND ADOPTED by tile BOard of COU;'lty Commissioners of Monroe County. Florida, ill a
f(lgular mc~[ing ofthe Board held on the 13 thday of December' .2000..
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Mayor Gecrge Neugent. .'
Mayor Pro Tern Nora Williams' . '.' .' ,
Commissioner Charles "Sonny". McCoy" .
~ . . Commissioner Murray Nelson : >
\. . Commissioner Dixie Spehar :.
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EXHIBIT "D"
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EXHIBIT "E"
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The Contractor will ensure that
the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging
of personnel and material) until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of work, resulting from the failure of the
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance
shall not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
· Certificate ofInsurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,
or r~duction in coverage unless a minimum of thirty (30) days prior notification is given to the County by
the Insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by
Monroe County Risk Management.
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal Control
Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
. False Arrest, Detention or Imprisonment
. Malicious Prosecution
. Wrongful Entry and Eviction
. Assault and Battery
. First Aid E&O
· False or Improper Service of Process
· Violation of Property Rights
. Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
ANIMAL E&O
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance
which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
ED2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Li.a~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minImum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
GLAnimals
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANlltlALCONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization taking possession of the vehicles governed-by this agreement, the Organization
shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be
maintained throughout the life of the Agreement and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
. Physical Damage Protection
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. In addition, the Monroe County Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage protection.
VLl
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
WCl
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHEL TERS/
COUNTY-OWNED PROPERTY
BElWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of
Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented.
Coverage shall be maintained throughout the life of the LeaseIRental Agreement and include, as a
minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured - If a letter from the Insurance Company
(not the Agent) is presented, stating that they are unable or unwilling to name the County as an
Additional Insured, Risk Management has been granted the authority to waive this provision.
and
. The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for
consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision making authority.
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date: