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Item C12
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: Sept. 21, 2012 BULK ITEM: Yes X No DIVISION: Public Works/ENG DEPARTMENT: Public Works STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560 AGENDA ITEM WORDING: Approval of 4th amendment to agreement with Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter. ITEM BACKGROUND: The contractor has been operating the Key Largo Animal Shelter since 1997. Their latest contract, in effect since May 1, 2007, provides for an annual CPI adjustment. The contractor recently requested a CPI adjustment of 1.7%. PREVIOUS RELEVANT BOCC ACTION: On April 18, 2007, the Board awarded the latest bid and contract; on August 15, 2007, the 1st amendment was approved to clarify contractor responsibilities in case of hurricanes or other natural disasters; on May 19, 2010, the 2nd amendment was approved granting a CPI adjustment of 2.1%; and on September 21, 2011, the 3rd amendment was approved revising contract to a pre -audit reimbursement basis. CONTRACT/AGREEMENT CHANGES: Effective October 1, 2012, contract amount will increase to $274,916.46/yr. ($270,321/yr. plus $4,595.46 for 1.7% CPI adjustment). STAFF RECOMMENDATION: Approval. TOTAL COST: $274,916.46 INDIRECT COST: n/a BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PREFERENOI&: n/a Aoct. 001-21000-530340 COST TO COUNTY: Same SOURCE OfP FUNDS: ad valorem REVENUE GENERATED: Yes No x. / 'IfAPPROVED BY: Co. Atty.: OMB/Purc asmg: Risk Management: DOCUMENTATION: INCLUDED: x NOT REQUIRED: DISPOSITION: AGENDA ITEM #: Humane Animal Care Coalition, Inc. A Jfumane Society Dedicated to the Care ofAnimals 283 Saint Thomas Avenue Key Largo, FL 33037 (305) 453-0826 August 15, 2012 __ — Subject: CPI adjustment of 1.7% Dear Beth Leto, Request your consideration for a CPI adjustment to our current contract with Monroe County. The requested CPI adjustment is to match the staff recommendations of 1.7% for the Animal Shelter Contractor in Key West during the August 15, 2012 meeting of the BOCC. Please consider providing HACC, Inc. the same terms. Best regards, Thomas F. Garrettson, President HACC, Inc. MONROE COUNTY BOARD OF COUNTY COMNUSSIONERS CONTRACT SUMMARY Contrac HUMANE ANIMAL CARE COALITION, INC. Contract # Effective Date: Expiration Date: Contract Purpose/Description: Adjust contract by 1.7% CPI for operation of the Kev I Contract Manager: Beth Leto (Name) for BOCC meeting on: Sept. 21, 2012 10/01/2012 06/30/2015 Animal Shelter 4560 Public Works - #1 (Ext.) (Department/Stop #) Agenda Deadline: Sept. 4, 2012 CONTRACT COSTS Total Dollar Value of Contract: $274,916.46 Current Year Portion: $-0- Budgeted? Yes ® No ❑ Account Codes: 001-21000-530340 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a /yr. For: of included in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc.) Division Director Risk Managem nt O.M.B./PurUin County Attorney Comments: Dat In g� �� a` 013 ?/ 0 4i\w CONTRACT REVIEW Changes Needed (� Reviewer Yes❑ No[r 1 Yes❑ NoE� Yes No ❑ [� Hg Yes[:] NorK] � 4-6 P 1 'Ll 111n,114,02 L� Date Out �l I v I - 2. �Z� I R— 4' AMENDMENT TO AGREEMENT (Operation of the Key Largo Animal Shelter) THIS 4`h AMENDMENT TO AGREEMENT is entered into this 21 st day of September, 2012, between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition, Inc. (HACC/Contractor), in order to amend the agreement entered into on April 18, 2007, as amended on August 15, 2007, May 19, 2010, and September 21, 2011; WHEREAS, the terms of the original contract provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available; and WHEREAS, the Contractor has request a CPI increase; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Section IV of the Agreement, the annual contract amount is adjusted by 1.7% CPI for all urban consumers (CPI-U) for the most recent 12 months available. Effective October 1, 2012, the total compensation paid to the Contractor for its services under this agreement shall be $274,916.46 per annum or $22,909.71 per month. 2. In all other respects, the remaining terms of the Agreement entered into on April 18, 2007, as amended, and not inconsistent herewith, shall remain if full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in the respective names. (SEAL) Attest: DANNY L. KOLHAGE, CLERK I0 Deputy Clerk MONROE COUNTY ATTORNEY APPROVED AS TO FORM: " An001 97rl(ro� CHRISTINE M. LIMBERT-BARROWS ASSISTAi�1,T CONTY TORNEY Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. Mayor/Chairman Date: HUMANE ANIMAL CARE COALITION, INC. By: -2 " President Date: &, �3f A6 /� THIRD AMENDMENT TO CONTRACT BETWEEN HUMANE ANIMAL CARE COALITION INC. AND MONROE COUNTY DATED APRIL 18, 2007 z This Third Amendment to the agreement entered into on April 18, 2007 is entered into this L;21 day of September, 2011, between Humane Animal Care Coalition, Inc., a Florida non-profit corporation, ("CONTRACTOR") and Monroe County ("COUNTY"). WHEREAS, the parties entered into an agreement on April 18, 2007, as amended on August 17, 2007, and May 19, 2010; and WHEREAS, pursuant to a request by the County Administrator the three animal control contractor were audited by the Clerk of the Court, including the Human Animal Care Coalition; and WHEREAS, the audit report of Humane Animal Care Coalition made findings and recommendations; and WHEREAS, the auditor's recommend that the contract for animal services be revised to require pre -audit of contractor expenditures on a reimbursable basis similar to contracts with other agencies and private non -profits that provide public services; and WHEREAS, in order to ensure that expenditures public funds are appropriate and ensure that funds and donations are appropriately reported and spent; and WHEREAS, in order address the findings of the audit and to continue a contractual relationship between the CONTRACTOR and COUNTY; and WHEREAS, the County seeks to extend this contract to June 30, 2015 and to provide for all the animal control contracts to end concurrently; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the contract as follows: 1. Section 1 Term of Agreement of the contract shall be amended to read as follows: The term of this agreement shall begin on October 1, 2011 and end at 12:00 midnight on June 30, 2015. 2. Section II Payment of the contract shall be amended to read in its entirety as follows: II. AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Two hundred seventy thousand three hundred and twenty-one DOLLARS ($270,321) per year on a reimbursement basis equal to 1/12 of this amount or $22,526.75 per month. If a reimbursement request is less than the per month reimbursement amount of $22,526.75, the unused balance will be rolled over and available for future reimbursement request. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise required by law. A. PAYMENT Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Public Works Department. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty (60) days after the termination date of this contract as shown in Article 1 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement. The Contractor shall furnish to Public Works Department within ten days of the date of this amendment the following: (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; The Contractor shall cooperate with County monitoring visits that the County may request during the contract year, and shall provide such other reasonable reports and information related to compliance with applicable laws, contract provision and the scope of services that the County may request during the contract year. 3. Section III(A)(1) STAFF shall be amended by adding the following: 2 The Contractor shall provide a list of employees by name and title, including but not limited to, shelter manager(s) and animal control officer(s). 4. Section III(A)(3)(d) shall be amended to read in its entirety as follows: (d) 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. The Contractor shall provide FIV and Feline leukemia testing for all cats retained in the facility for adoption. 5. Section III(C) FEES, shall be amended by adding the following: In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the county pursuant to Sec. 4-39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15,Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. 6. Section III(D) REPORTS shall be shall be amended to read in its entirety as follows: On a bi-weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4" as same may be amended from time to time. 7. Section IV RENEWAL shall be amended to read as follows: The County shall have the option to renew this agreement, after June 301h, 2015, for one (1) additional five-year period. 8. Section IX VEHICLES shall be amended by adding the following: Contractor is not permitted to take a County vehicle out of Miami -Dade County unless prior written approval is received from the Director of Public Works or designee. In the event of a manmade or natural disaster for which there is adequate objective evidence available to justify the inability to obtain prior written approval, the Contractor shall obtain the approval within 30 days of the disaster event. If the contractor acquires or uses any other vehicle(s) in performing/providing services under this agreement, the contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the contractor must adhere to all insurance coverage requirements under this contract. If County funds are used to acquire any vehicles, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. 9. Section XII FACILITIES AND EQUIPMENT shall be amended by adding the following: A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing from the Public Works Department. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the Public Works Department, as amended, when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. 10. Section XI DONATIONS shall be amended to read in its entirety as follows: XI. DONATIONS AND GRANTS: The Contractor shall issue numbered receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a) At any Monroe County Animal Shelter; (b) For the benefit of animals in Monroe County; or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County Said donations and grants shall be used by Contractor only for the benefit of animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. 11. Section XVII FUNDRAISING shall be amended to read in its entirety as follows: FUNDRAISING: The Contractor may not use the Shelter facilities for fundraising events or for selling merchandise or services unless requested in writing and approved in writing by the County Administrator and unless the funds raised, less related costs, are used for the benefit of the animals in Monroe County. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing, but may be made for more than one event or sales program at a time. The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4- 39, 4-45, 4-46 and 4-66, and the fees listed in the Fee Resolutions attached hereto as Exhibit 'B;' as same may be amended from time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4-39 of Monroe County Code. Contractor shall account separately for all donations and funds received: a) At any Monroe County Animal Shelter; b) For the benefit of animals in Monroe County; and c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. 4 Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. 12. Section XIX INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING shall be amended to read in its entirety as follows: XIX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred eighty (180) days following the close of the Contractor's fiscal year. If this agreement is terminated early, the County has a right to demand an accounting of all funds held by the Contractor. The Contractor shall also allow the County to inspect the shelter property, facilities or vehicles at any reasonable time. 13. Section XXIV. TERMINATION WITHOUT CAUSE shall be amended to read in its entirety as follows: TERMINATION WITHOUT CAUSE: The County and/or HACC may terminate this agreement without cause by providing the County and/or HACC with written notice of termination at least sixty (60) days prior to the date of termination. 14. Section XXIX NOTICE REQUIREMENTS shall be amended to read in its entirety as follows: NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 111112`h St., Suite 408 5 Key West, FL 33040 FOR CONTRACTOR: Thomas Garrettson, President 283 Saint Thomas Avenue Key Largo, FL 33037 1100 Simonton St., Rm. 2-231 PO Box 1026 Key West, FL 33040 Key West, FL 33041-1026 15. Section III(A)(1), 111(A)(3)(c), III(A)(5)(b), III(A)(7)(d), III(13)(1), I11(C), III(D), and IX shall be amended to delete "Director of Community Services" and replace with: "Director of Public Works" 16. The remaining terms of the contract dated April 18, 2007, the First Amendment dated August 15, 2007, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the as of the date first written above. L. KOLHAGE, CLERK Deputy Clerk Attest: By: WITNESS Print Name: By: WITNESS Print Name: BOARD OF COUNTY COMMISSIONkRS OF MONROE COUNTY, FLOIDA 6 By: *n N CONTRACTOR - -- -o Thomas Garrettson, President 'of r"Hu e o Animal Care Coalition, Inc. 0NR0E >01.3N1Y;'; TCT.':'w: APPROVo; D AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT Crr)UNTY ATTORNEY Cute If 1 EXHIBIT "G4" FORMS REQUIRED TO BE USED BY CONTRACTOR MONTHLY STATISTICAL REPORT FORM Inc. ANIMAL SHELTER DATA FOR MONTH OF: DOGS CATS Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: Animals Transferred-: Animals Escaped: Animals Born at Shelter: Animals DOA: Animals Euthanlzed" Other Animals how many what " number sick, Injured, or dangerous Animalson Hand NOTES: Service Calls: Bite Reports: 'List how many, type of ani animal was transferred Cruelty Cases: COUNTY FEES COLLECTED Failure to Spay/Neuter: Exemption License: License: Pick -Up Boarding: Adoption Disposal: Euthanasia: Total County Fees Collected: _ - REPORTED BY: Date Reported: 8 Other Fees Collected: Donations: Ora nts: Fundralsers: ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. P] Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. 10 Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. 11 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X,XXX.xX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200 by who is personally known to me. Notary Public 12 Notary Stamp 2"d AMENDMENT TO AGREEMENT (Operation of the Key Largo Animal Shelter) THIS 2 d AMENDMENT TO AGREEMENT is entered into this le —day of May, 2010, between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition, Inc. (HACC), (Contractor) in order to amend the agreement entered into on April 18, 2007, as amended on August 15, 2007; WHEREAS, the terms of the original contract provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available; and and WHEREAS, the contractor did not receive an annual CPI adjustment in 2008 or 2009, WHEREAS, the Contractor has request a CPI increase of 2.1% effective May 1, 2010; now, therefore, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: a 'U•, + � 1. In accordance with Section IV of the Agreement, the annual contract amount is adjusted by 2.1% CPI for all urban consumers (CPI-U) for the most recent 12 months available. Effective May 1, 2010, the total compensation paid to the Contractor for its services under this agreement shall be $270,321 per annum or $22,526.75 per month. 2. In all other respects, the remaining terms of the Agreement entered into on April 18, 2007, as amended, and not inconsistent herewith, shall remain if full force and effect. WITNESS WHEREOF, the parties have caused these presents to be executed in the KOLHAGE, CLERK , ,DeIW -9 cr � C7 N - lt1�`- -tttell <�; lL tV '�- Secretary BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA F W:14QWW='As' ir Date: MAY 1 9 2010 11?612 z 18Cl V \ 7 114• • = v :ov AS47 F P`DRO J. 4tRCADO t,( President FIRST AMENDMENT TO CONTRACT BETWEEN HUMANE ANIMAL CARE COALITION, INC. AND MONROE COUNTY DATED APRIL 18, 2007 THIS FIRST AMENDMENT is entered into on the � day of August 2007, to the Contract between Humane Animal Care Coalition, Inc. ("CONTRACTOR") and Monroe County ("COUNTY") dated April 18, 2007. WHEREAS, the Contract between CONTRACTOR and COUNTY was entered into on the 18`h day of April, 2007, to provide animal control services and enforcement of laws related to animals; and WHEREAS, the parties agree that the Contract should be amended to clarify the responsibilities of CONTRACTOR in case of hurricane or other natural disaster. NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the Contract as follows: I. Section E. of the Contract shall be amended to read in its entirety as follows: "E. HURRICANE OR OTHER NATURAL DISASTER: It is the intention of the parties that all animals under its care should be properly and safely housed and cared for during a hurricane or other natural disaster either outside the shelter or evacuated from the County. a) In the event that no mandatory evacuation has been ordered by the COUNTY, the CONTRACTOR shall designate employees who will remain in the COUNTY prior to, during and following the disaster to care for the animals, or make the determination to evacuate. b) In the event a mandatory evacuation is ordered or the CONTRACTOR makes the determination that evacuation is necessary, the CONTRACTOR shall make arrangements, in anticipation of evacuation, to provide for the orderly evacuation of all animals in its care, and to ensure the proper care is given to the animals prior to, during and after the evacuation. c) In either of the events listed above in (a) and (b), CONTRACTOR shall insure that a complete record is kept of the whereabouts of all animals. CONTRACTOR shall notify the Division Director of Community Services of the evacuation plan being implemented for each event prior to moving of the animals from the shelter; and shall supply the names and addresses of all the employees who are entrusted with the care of animals prior to, during and following a disaster to the Division Director of Community Services." Page 1 of 2 2. The remaining terms of the Contract, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the thin date first written above. j< `Attest: Danny L. Kohlage Clerk D ,Clerk Date:Q? Witness to CONTRACTOR: Signature Print Name Address: DATE: N t�.= - L- �� .,, W- N ic C-j C7 t.4 © C� C- parties hereto have been executed this Agreement as of Page 2 of 2 Board of County Commissioners Of Monroe County By: ` Mario Di Gg,��r, S a�QOT Date: ��UUi CONTRACTOR: Signature 7-VOI45 F Garret-spw Print Name Print title DATE:_ �'� �, 1 2 0o'7 MONROE COUNTY ATTORNEY PPROVED AS TO ORM: ��NATIVEENt W. CASSEL ASSISTANT CO NTY ATTORNEY Date CONTRACT THIS CONTRACT, entered this � day of r. 2007, by and Between the Board of County Commissioners of Monroe County, Florida COUNTY), and K q • fYNA\cA C (CONTRACTOR). Cc�l �t` WHEREAS, County has certain responsibilities under State and County laws, to provide animal control services and enforcement of laws related to animals; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract with a private provider of such services, NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: 1. TERM OF AGREEMENT: This agreement shall be for a five (5) year period beginning, ` V" A y , 1 2007 and ending at 12:00 midnight on _ N Q 2012. The term of this agreement shall be renewable in accordance with Section IV. II. PAYMENT: The total compensation to be paid to the Contractor in consideration of its services under this Agreement shall be $ 3 LN, 1 Cot. C)o 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 $ r 3. er month. The Contractor shall provide a monthly invoice on the lgt day of each month to the Division of Community Services, and payment shall be made on or about the lst day of the following month. 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. III. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key Largo Animal Shelter located at 105951 U. S. Highway 1, Key Largo, Florida 33037, and provide complete animal control and enforcement services from Mile Marker 70 through Mile Marker 112 including Ocean Reef and the Village of Islamorada, 1. STAFF: 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 Community Services Division or his designee prior to implementation. 2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but 18 not limited to Rules 64D-3.040, Procedures for Control of Specific Communicable Diseases and Chapter 64B 16-29, Animal Control Shelter Permits. 3. CARE OF ANIMALS: (a) 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. (b) 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. (c) The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Community Services Division or his designee. (d) 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. 4. MAINTENANCE OF PREMISES: The Contractor shall maintain the Shelter, including kennel area, cages and euthanasia room, and all equipment in a clean, safe, and sanitary manner, S. ADOPTIONS: (a) The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. (b) 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 Community Services Division or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption 19 Agreement attached hereto unless modified by written and signed directive from the Director of Community Services Division. (c) The contractor shall enforce the provisions of the contract, 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 ownership to its adopter. 6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates for dogs as required by the Monroe County Code and collect the fees established by County Resolution 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. 7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain a Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: 1. Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature of law enforcement, pick-up of dead animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a. prerequisites for certain positions b. keeping staff current 6. Training provided* shall include: a. Shelter Policies & Procedures (required of all staff, including volunteers) b. Basic Pet Care c. Veterinary Health Care d. Animal Behavior e. Animal Handling f. Breed Identification & characteristics g. Obedience Training h. Behavior Problem Solving i. Counseling Methods j. Conflict Management (required of all law enforcement personnel) k. Grief Counseling I. Telephone Manners and Customer Service Skills *Items a & j must be at least in part provided in a classroom or seminar type setting, with live or video teaching. All other training may be self -study, although some in -person or video training is highly recommended. Training shall be provided appropriate to the position filled by the worker, whether that worker is an employee or a volunteer. '. Adoption Guidelines, which shall absolutely require sterilization ofall animals prior to release to adopter. Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life of the animal. 20 c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. d. Requirement that County's Adoption Agreement (or similar adoption agreement approved in writing by County's Director of Community Services Division) by utilized for each and every adoption and enforced if the animal is not spayed or neutered at the time of the transfer of ownership. 8. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open to the public from I0:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00 a.m. to 2:00 p.m., Eastern Time, on Saturdays. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor. B. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: 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 Community Services Division, or his designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24-hours per day/7-days a week) for Priority One calls which are: a. Injured animal; b. Bite cases; person bit by any warm-blooded creature; C. Animal bites to other animals; d. Wild animal in home; C. 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 normal operating hours; 7. 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; 8. 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. 21 9. 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. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. C. FEES. 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 Community Services Division 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 must be submitted in writing on the County -approved affidavit form to the Director of Community Services Division or his designee, said affidavit form is attached hereto and marked Exhibit "B." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 599-2006, 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. D. REPORTS. The Contractor shall provide the Director of Community Services Division or his designee with copies of all bite reports and citations that are issued on a bi-weekly basis. Contractor shall submit on a monthly basis to Director of Community Services Division the following reports: (1) Adoption Reports, by species & age (mature/immature), with separate accounting showing Pure breed; returns and reasons; adoption denials. (2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also showing manner received (telephone call, letter, visit to office, encounter in course of duties); and the action taken for each. (3) Euthanasia, by species & age (mature/immature), and showing number which were feral, diseased or injured. (4) Number of animals taken in, by species & age (mature/immature) and showing numbers brought in, picked up & redeemed. (5) County Fees collected, designating the fees collected for each of the following: licenses, pick-up, intake, boarding, adoption, disposal & euthanasia. (6) Average number of days of boarding by species & age (mature/immature). (7) Total number of animals (by species) at the shelter at beginning of month and the total number of animals (by species) at the shelter at the end of the month. E. 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 during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. 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. 22 F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. 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 or attempt to enforce any third -parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor 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 the Agreement. IV. RENEWAL: The County shall have the option to renew this agreement after five (S) years, for one (1) additional five- year period. 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. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelter. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VI. 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. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, required, to be authorized or permitted under State and local law to perform such services. 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. 23 IX. VEHICLES: The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter identified as follows: 1999 Chevrolet Astro Van (Unit 0911/020) 2000 Dodge 1500 Pickup Truck (Unit 0911-021) NOTE: 1999 CHEVROLET ASTRO VAN UNIT (0911-020) IS BEING REPLACED WITH A 2007 FORD CARGO VAN V2 TON (ON ORDER/UNIT NUMBER ASSIGNED WHEN RECEIVED FROM COMPANY) The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate said vehicle. In addition, the Contractor shall be responsible for repairs to said vehicle and shall maintain it in accordance with the maintenance schedule attached hereto as Exhibit "E," The Contractor shall provide an average of four (4) oil changes annually for said vehicle, and shall schedule vehicle inspections with Monroe County Fleet Management no less than three times annually. The Contractor may choose the option of paying Fleet Management for oil changes and preventative maintenance, at Fleet's current annual rates, or utilize private garages and provide receipts to the Director of Community Services Division or his designee to document and verify that the required maintenance has been performed. Nothing herein shall prevent the County from inspecting the vehicle at any reasonable time. X. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County 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 of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC I, GL1, GLS, GIR 1, and VL1, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. XI, DONATIONS: The Contractor shall issue receipts and keep appropriate records of all donations received at the Shelter 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 24 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. XII. 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. XIII. 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. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. XV. 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 S1,000.00. 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. XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES: No improvements or modifications may be made to the Shelter, appurtenances, or surrounding properties without the prior written approval of the County. XVII. 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 Community Services Division or his designee. Requests for 25 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. XVIII. NON-DISCRIMINATION: County and Contractor 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 Contractor 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 91-6I6), 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 of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. XIX. 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. XX. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XXI. 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. XXII. CAT/RACCOON TRAPS: 26 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. XXIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article above on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. XXN. 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. XXV. 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 any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelter in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. XXVI. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for 27 therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XXVII. COMPLIANCE WITH LAW: In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. XXVII DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. XXVIII. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety~ for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. XXiX. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: IZiaK� 1�� Monroe County Administrator and County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041-1026 and Deb Barsell, Director Monroe County Community Services Division 1100 Simonton Street, Rm. 2-256 Key West, FL 33040 FOR CONTRACTOR: XXX. TAXES: 28 The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. XXXI. GOVERNING LAWS: This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. XXXIII. 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: $25,000.00). XXXfV. 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. XXXV. 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. N sty gOLHAGE CLERK BOARD OF COUNTY COMMISSIONERS a OF MONROE COUNTY, FLOIDA By:,�r� By: 29 6 (SEAL) Attest: By: — Title: By: _ Title: WITNESS WITNESS CONTRACTOR By: .� Title: I� �": �lrn Ain � �r�•vr a � C A+rC. 30 MO OE COUNTY ATTORNEY A ROV D AS 0 YNTHIA L. L ASSISTANT COUNTY ATTORNEY Date -3 -C QC= 0 k A t�A NON -COLLUSION AFFIDAVIT I, npM45 jE 1Gotrpd]tt�,9W of the city of /f e .4a. r according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Pfe s toi evil __ __of the firm of om me AA, j04 t c Co 1, f :,c the bidder making the Proposal for the project described in the Notice for Calling for Bids for: D0, e W s e' 2. I executed the said proposal with full authority to do so. 3. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 4. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor. S. No attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition. 6. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 7'0�.z/ (Signature of Bidder) STATE OF: FLO 12 f'b A COUNTY OF: E //, 1p°? (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, jhMAS r -AiWfSd,&� ho, ( ) provided (LL L . as proof of identity, or ( ) is personally known to me, and having been first sworn by me, affixed his/her signature in the space provided above on this I i-, day of M fi ic2W. 2007 0_6'�a'u' _$� eji'� NOTARY PUBLIC CHRIS7INE G BULLOCK r� Notary Public - State of Florida s• � 1*C0M hsbn60s.kn12,2M7 y Commission Expires: Commission # DD222480 'f ° �", •' Bonded By National Notary Assn. 34 SWORN STATEMENT IMER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of 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 this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (Signature) (Date) STATE OF EW C A _ COUNTY OF 1'— PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ti4-crn A S. (7— who, after first being sworn by me, affixed her signature (name of individual signing) in the space provided above on this 1Zt I day of Mk" ,--607 2W. OMB — MCP FORM #4 NOTARY PUBLIC My commission expires: o _� ;;•.,, CHRISTINE G BULLO]Flortdo �s ;' ; �q •: Notary Public - Stale ofCommission # D622Bonded By Nallonal Nofa DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 4/44 ,# Ce SAC / 24Po rJ Bidder's Signature Date 36 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY Liability policies are Occurrence Claims Made Insurance Agency DEDUCTIBLES BIDDERS STATEMENT Signature I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. e C of 10 Bidder Signature 37 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 any goods or services to a public entity, may not submit a bid on a contract 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, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither 7rj-vjwd5 F a r � (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months STATE OF: & 121. ()A 74, ��g (Signature) Date: Zao COUNTY OF: I(R 6 N 00 C _ Subscribe and sworn to (or affirmed) before me on 12-2 OG 7 (date) by IhImAs AR � 6,,; (name of affiant). 'She is Personally known to me or has produced FL r L (type of identification) as identification. CHRISTINE G BULLOCK NOTARY PUBLIC Notary Public - State of Flodda f�/1yCamftion E� w lun 12, 2007 `a;= Comminlon # DD222480 My Commission Expires: t �� 'rF QF fL�, Bonded By National NotaryAssn. 38