Loading...
06/19/2002 Agreement (.< Cleltl DIllie Circul coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 Memnrandum To: Dent Pierce, Director Public Works Isabel C. DeSantis, . ~ Deputy Clerk )l' From: Date: Thursday, June 27, 2002 At the Regular BOCC meeting of June 19,2002, the Board approved the following: Award of bid and authorization to execute Agreement between Monroe County ~ Attached hereto is a fully executed original of the subject document for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance flUe -~-l---,' <Ie .! \. AGREEMENT for OPERATION OF KEY WEST ANIMAL CONTROL This agreement is entered into this ~ day of June. 2002, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called "County"), and the FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC., non-profit organization existing under the laws of the State of Florida, (hereinafter called "Contractor"); WIT N E SSE T H: The County hereby authorizes the Contractor to operate the Key West Control Shelter, (hereinafter called "Shelter") located at 5230 College Road, Stock. Island, and to provide complete animal control and enforcement services from Mile Marker 0 through Mile Marker 16.7 (the West end of the Harris Channel Bridge) including the City of Key West (hereinafter called "Service Area"), according to the following terms and conditions: 1. SCOPE OF SERVICES: a. The Contractor will fully staff, operate and perform all functions of the Shetter, as further identified in the training manual prepared by Contractor. b. The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelter. c. The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. 100-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, Animal Control Shelter Permits. Contractor shall strictly adhere to inoculation requirements for staff and volunteers. d. The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the Director of Public Works, or his designee, with copies of the Animal Control Officer Training Program Certificates. e. The Contractor will receive and propeny confine all animals that are brought to the Shelter or which become the responsibility of the Shelter. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. f. The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and/or professional services. g. The Contractor shall maintain the Shelter, including kennel area, cages and euthanasia room, and all equipment in a clean, safe, and sanitary manner. h. The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees 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 Public Works or his designee. i. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. j. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. Contractor shall provide feline leukemia virus and feline infectious virus testing for all adoptable kittens and cats and shall not adopt out any cat testing positive for either highly contagious disease. k. The Contractor will provide an adoption service through the Shelter for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes. The screening procedures shall be reviewed periodically by the Director of Public Works or his designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. I. The Contractor will issue license certificates for dogs as required by the Monroe County Code and collect the established fees therefor. The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees therefor to the County. These license certificates are separate from rabies certificates, which must be provided for adopted animals. 2. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, Including, but not limited to: A. Emergency services (24~hours per dayl7 -days a week) for Priority One calls which are: 1. Injured animal; 2. Bite cases; person bit by any warm-blooded creature; 3. Animal bites to other animals; 4. Wild animal in home; 5. Dangerous dog investigations; 6. Animal cruelty investigations; 7. Law enforcement requests. B. Patrolling service area on a regular and consistent basis; C. Picking up dogs that are running at~large; D. Picking up cats captured in cat traps; E. Non-emergency animal pick. up from residential homes during normal operating hours; F. 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; 2 ~ G. 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. H. 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. I. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. 3. TERM OF AGREEMENT: This agreement shall be for a twelve (12) month period beginning JulY 1. 2002. and ending at 12:00 midnight on June 30. 2003. The term of this agreement is renewable in accordance with Section 4. 4. RENEWAL: The County shall have the option to renew this agreement after the first year, for two (2) additional one-year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available. 5. ASSIGNMENT: The Contractor shall not assign nor subcontract its duties under this agreement without the prior written approval of the County. 6. 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. 7. TERMINATION WITH CAUSE: The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of anyone of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. 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. 3 8. 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. 9. PAYMENT: The total compensation to be paid to the Contractor in consideration of its services under this Agreement shall be $323.400.00 per annum. The County shall pay the Contractor on a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or $26.950 per month. The Contractor shall provide a monthly invoice on the 1st day of each month to the Division of Public Works, and payment shall be made on or about the 1st day of the following month. 10. FUNDING AVAILABILITY In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to allow for the purchase of the services contemplated, then the contract may be terminated immediately at the option of the County upon written notice of termination being delivered in person or by mail to the Contractor. The County will not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of immediate termination. 11. VEHICLES: The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter identified as follows: 1. A 1995 Ford F150 Pick Up Truck (Unit No. 0910/060); and 2. A 1995 Ford F150 Pick. Up Truck. (Unit No. 0910/061). The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to operate said vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit "A." The Contractor shall provide receipts to the Director of Public Works or his designee to document and verify that the required maintenance has been performed. The County shall have the right to inspect the vehicles at any reasonable time. 12. INSURANCE REQUIREMENTS: The Contractor will provide insurance coverage as described in the Risk Management Policy and Procedures Contract Administration Manual attached hereto and marked Exhibit "S." 13. FEES AND REPORTS: The Contractor shall collect and remit to the County all funds that are collected for fees, license certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and keep appropriate records of all funds received and shall provide the Director of Public Works or his designee with copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issue on a bi-weekly basis. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County-approved affidavit form to the Director of Public Works or his deSignee, said affidavit form is attached hereto and marked Exhibit "C." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 496-2000, as same may be amended from time to time; said Resolution is attached hereto and marked Exhibit "D." The Contractor shall not 4 charge any other fees for services at the Shelter unless authorized by the County to do so. Further, the Contractor shall provide the Director of Public Works or his designee with copies of all bite reports and citations that are issued on a bi-weekly basis as well. 14. 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 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. 15. 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. 16. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perfonn an inventory of all supplies, materials, medicines and equipment at the Shelter and the inventory list prepared therefrom shall be signed by both parties hereto. 17, MAINTENANCE: The Contractor shall maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of repairs, the County must be notified, in writing, of repairs estimated to cost over $1,000.00. If such repairs are approved by the County, the Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs. 18. IMPROVEMENTS OR MODIFCATIONS TO FACILITIES: No improvements or modifications may be made to the Shelter, appurtenances, or surrounding property without the prior written approval of the County. 19. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open to the public from 10:00 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. 5 20. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their perfonnance 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. 21. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate at least three (3) employees who will be able to remain in the County to care for the animals during and after the disaster, and the Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or natural disaster. 22. FUNDRAISING: The Contractor may use the Shelter for fundraising or for selling merchandise after its items have been reviewed and approved by the Director of Public Works or his designee. Requests for events shall be requested by the Contractor in writing and approved by the County Administrator in writing. Funds raised by the Contractor from fundraising or events at the Shelter shall only be used to benefit the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall not be used to defray or reduce County funding in the future. 23. NON~DISCRIMINA TION: The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job related when recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all times, the Contractor shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. Additionally, the Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any other characteristic or aspect in regard to providing services hereunder. 24. 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 tenn expires. 25. 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. 26. CAT/RACCOON TRAPS: The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the 6 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. 27. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for publiC entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $15,000.00). 28. NOTICE: Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage prepaid, by certified mail. return receipt requested, to the other party as follows: FOR COUNTY: FOR CONTRACTOR: Dent Pierce, Director Monroe County Public Works 1100 Simonton Street Key West, Florida 33040 Gwen Hawtof, M. D., President Florida Keys Society for the Prevention of Cruelty to Animals, Inc. 1901 South Roosevelt Blvd., 403N Key West, Florida 33040 29. CONSENT TO JURISDICTION: This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 30. 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. 31. CONTRACT REVIEW: After nine (9) months of initial service, about April 1, 2003, County staff, as designated by the Public Works Director, will review and evaluate Contractor's performance to determine if the services hereunder are being adequately provided under a split system, and to recommend to the County 7 Commission whether the contract should be continued for another year in accordance with the County's renewal option listed in Section 4. Upon reasonable request, Contractor shall allow County staff to access records, operations, and the Shelter premises in order to facilitate this review and evaluation. Contractor shall respond to any questions by County about the services being provided. 32. 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 ~~ESS WHEREOF, the parties hereto have set their hands and seals on the day first written aboy~:}.\ ~.._' -\\~;.'j:,\ ;(: (SW~'/i' '/':,' \\,,:, Att&Sl: i:J1ANNY UKOLHAGE, CLERK \~~~S~'i".-."..' t.~~~~//.:;.,/..7 . B~C.1'I~ Deputy lerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~ MaYOr/Cha~ FLORIDA KEYS SOCIETY FOR THE PR N OF CRUELTY TO ANIMALS, INC. By: C> 0:: c:> lJ- o W ~ lJ- ~ -. c-I C:'~"l =' c.~ 0<:1: ~5 r:. <,"{~ .. :-::~>- J .':: :? 0:: ;:::; --.'Go J .0 ;: ~;s .....-(...),- ::~t5 ~ ..... o cc. <:) <...) uJ 0:=. .. ..:r ;r:. 0- r- C'j 8 ~ X.X;X,X ~ . . ,~. . : i , ; I : i ; 1 i I'j ,. i i i ; : ,...; ! : I. '/" ',' i lll['XI 'X:X'X X:X:X' IX,x, x'X'X' :X' q I ~ J I Clll. : . : ' , : Ii' I I I . . "t I . : I . ,-. ' . I! . i I 1'1 .:..1 : .1../ ...! : . .'-1" , .,' I I II , I ! '. '10.: I' I '. i :;;l'X x.x.:x: .' I . . I. . ; r i . :...:: i I ! I . . ; , , . ::; : 10 ~ ;' I I . I ~ g(x: ;x x: : I . . I r=l i. I . . . . '.. : . ..:: .c ; ~'x:x'x'x'x:x~x: I 'x:xj J" I '101 I <l.l /,"', : .; I I' , I " I . IN. . j I . lie >. .. , ; : . : . ., ,-' .' .. j" - j , I" , ,.....,. I . .. '1 3: _' ; O(IX: .x'x; . : I i j i ; I.!!.q!; i I I /' L' 'c ,all, I I . .. l I I I I I ..-, J I I I E:' '-i~!;:~'i~i~I~' ;1-1' "I ',:' i' ;'''',I.OL/'''I;''/I ","I-s'/'''I! !'-'II-'-I:'~II'~!"!~ (/) fl' r .' I I . I .. 4) -I ' - ..": r "/" :., I' ..,....-..,.. ;"". /. 1-:1.01'0--/- , . .', I " ' . 110' j I '-I c' Ul ~' I :::1lxr iX!X;X:XiXIXiX~XIXIXJ 1 x /' 1 I"il . I GJ €/ CI ~.. j'''j II ; I ; ; ! i' :'j /"'/' I'" 'jl I~I" i j' I"/~II~"'I ~ ~ ~ m/x/><.x;x I I I 1 ; I . I I r=: I I I ~ g!'f! ~ O. GJ___ ./,,1 . i. i'l : I '-I'., /... -j'" i../ Ie ~I~ ::'0 1: .c I I I . I J f U')' ,.- cui C'U 0, t: n; , ., ~. ~ X x'x . I . ' . . I, . '1 I 'nI -J GJ' 0' .- ~. ~I ; I ! I : : i i i I i I ~' 1_ I: 1N. ,li.o.l"jC/)rJO,:2:,.:E . n::: 0 oc'-vI-v/-vl-v!V"-v!-v1 . l-v -v ll-v/!~: 1,-/, , I O. U lOl!"'t"""'."'."'I""'" I .'" '" /'" I t?1 I ~ I . I'll U I I I I :.,: '" I I ((~C((C fl.: cc~ s:: <(. '!' I I I' I I' I' ...... - . / . j' .. . r--'---! ,HH<. ~: ~il:d:tl!--r"'--I-'!"'{~". - . 'l+f-i~I--H+-'+IITH-+II-+ b; ~I.! 1 j.!-./ /- /./. I-I......I..! i'-I. ...I_'r'oo "I'" -1'1 ! .1.. /.- W ~ ~.x! IX;X!X'X!X!X, ixlxl Ix x'x! IX; ~I I ,I I I. I ! ! I 0...- ';1"'/:'1"1. III,'....... ' J'II. z Cf) '5i' I : ! : ! :. I : ; ";' I' I -, I':' I' : 10: ~I' I I"" " I' '1 ! ; ..! ! . r Q z. E! :JjiX.X!X,X; j :, i : J: : I Ii;...:; <( I I. I ! 1 ! : : Ii: .......... I . . I . I . I , . I . fl' . 0.1 . f. I:' J J _ (II. .. J . . I . . .. ,. ,'f..,. . '0, . : t I .... I I' 'I . ., I' t2 ill 0 ' I . ..", i';'. IIO'W i 1 i i J , : I I ~,~':CiXi:/i~!~i) U~I~I-I_i_- i 1-1 i;1 ii - i of!' ../i /: "')'- ,1-, i f i) ffi: ~i~f~!-'!~i~'1 /'-!')-/-,"-r-,,!.--/I-'!'-T lii~11 11-- -'['-T","'I"'/!" rll'-I-"/~. I- ~I , . I f ii, I . I 0 I I / Ie. ~ ~.... j'~j~I~!~I~i" I" ._, T-''''/' - ,,- ........ r i ~1 ~I !. r I.... -I J'~!" i . -I' r-, ~ . 1 .1 : .1 : 1/1 II L! I .. I 1 I 10, i / l/"'!' 1.0' ~i ,.! : -=:; .1,'. f ../ I ('OIUJ. /"Iu'/Il . : 'df.X' ,X'X'X"X'X'X IX'X XI IX1; 1 ./ 0::,' j' I' . I OJ o. I · ill .N, I ,. 1 f r I ; r I I jt? I , J I 'CI,J:;.. !, ~; . "1'~!~i~I)~/"-I"' i -/1 '/1"( I-I'~-" '~rll SI ii tj. ....ll.~r.. (-; ID ~'~!.!f t. ~''''''Ii ~1~1"1'~;~i '1-1!"'j"",,1 ',"/' '/~'II'-'-I'+ Ii '!0/1~! /..-- -~I~;'-~I; ~I~r~~jl: ../.-. ~: '-'I~II~I~I~!~II;;i~I~I--II"- ~'I~ .. ~ - -: ....j 'I~'I ~I /'-1 il ~I ~Ii illt '~f '~1 ~. -j-' w . -. -- '-~--I-'" . .../-: -- -. .- ..- ... -' ,,:/,- ---,t..t- I ~II !I ~ ~ :: JJ '~I ~ ~I ~l-"I-- ~, 1 all/xl IX:x,' l ! I I I I I I ..q; ~ Qi ~I' OJ ~I ~I~. 3: '~ll:, , a..' I I I I I. I: l 1'-' <( t i CDI:> a.. U.I CD: wi C/)j 0: 0; , :~ j'-r-,'" : Ii....:.. "/''','' ("'~'I~"I"I' ! 11O~fu, I 1 i"'l'r i- l' i 'T"l .,. . 'dfXX:X'X' I I l' 'I , . "(J)'~I' I " I I ;. .' I : j . . I I to I i ~ I I I rt1I.: T"-: ~: ~; I : ; : ! : . . .',.'. .Z Zl,ol OJ. . '.0 '0' ...... . . '. ..... I IO~O' . 0.:; +:' . . C/), '. . I ~ : I ,:..l- . . w- '1--'_ '(J).l/)' . cr:: . .. . c' . 0. '(J) ..() 'UI-1 z'''':;)' '.. ~. .~ . 's' UJ'U ~'-~' . '0 . m '-0 u .Z n: i5 O.'W ~.(J) c.. :X:', . ;;; E u III . \l1 W Q III - (J):n. a.:e>' oj. E C .. ' U '5. . <.:J . () l-.en.b'~.~'w,3~, : . . :ii." (; . ~ nI . . z. .z O.z w.C/).-;cr::lo..-.w. . .. ..:.,J:;. . '" -0. ~'C/)IW:~I . ':5:~.o:o.lwi(J);(J):~1 g-,,: : i ~. ~ !!!~ CII' 01 : iV. :o.l-.u. 'z. .<(.(J)/iii/en O''''''IO:'''''Z' . . ni;.2 GJ ~. .~. , ,U 'w.ai'Z.U o! !CD!Z,(J),?:::t:I?:'?:;c(I.cj~:w: : E. ti,~.::: E1 . '- :~,z,<(,o:,;=, !O:Cii!:E:(J)'!!?'~;O:!o... ~:U'e>: I 'I 0: ~: ~. ::. il.~' : ii:; . O'~'I-w.() IZ ~I'enlo'enl '<(I~Ir;:I....l'Z I .,' . c. '0, $,~. u,o. .E. I .. 'w' .<C..... Z <(10 ,w 2' oj 1<(' I ~I',o.. J ~. :....1'0., ::!'o.i rw;W.<(.o..<(ICDICDiWI C O':C: i ~ I nI,!J' CIl.~! 06:1' ~-j '~:6,o.;U.!en1 11-:1'!i):cr::iw!o.i....l'....Ill-i'~;....I'(): , I i 06'" ~! '5i 4;; ..: tj:~. 0)' ..' lenl(Jl~i....l"":3'iI' I~ >-'I-O'~IWI'IH!IHI'~enIOI~'O:i I " Oil"/''''; ;a' .g; '5. ~: ... .5. ..; 5' 'w' I^" W 0 C/). . ~ ...I~ 'I't: W. ,""" CIl' >, - -' 'Iii. C' .'"' >-1 I,.;)' .0'.....1-:' ZIF:" . 15:1 ~ Z'/-' . u. I CI. ~. 'O~ III; ;;j' >; Q' -, I- !~:uit3IUJ:~i;}iO::iol~lm; j> /2 wl=/ I,' i;j ~I ~I .c! jil r.g, Ul, "'=: ~-; ~;j:: I . w i[ij'EI:C:;?;Ia:!irlm:iiil~I~!~I~ ~ 81 ,ffil~. I ~,-c!~! ~.~! -' ?! ~i ~.;21 ... 1-' ~ a:: w Cl CU'W !!11- 0'<( 0'0. -10 u.'W ..- -' III ,J:;.' '0 ;2" C;! nI U nI' O. <! C/)'!J ? Z ~'::> ~.~ :::>'IY..UJ'/y. /Y.'G O'~ ::>' . ~. ~ .~'.!ll ~ .=2 1u ~ .:= Iii ~. 0 '." .W<(.....II..W<(,u.cr::.u..u.._u.ou.. cr::.,. I-....J .....u. CD.W <(.... Z 'I n ::J I I ! - I .. : . W. Z ~. ill: w: ~; :::!; 1-'. :E. cr:: w m .:!: ::J :z: I- cr:: <( 0.. E en .. ~ cr::1 w :r en ::E a. '0 ~ a; ~ ~ RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMnaSTRATION 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 of Insurance 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 reduction 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 of Insurance Requirements" and approved by Monroe County Risk Management. EXHIBIT "B" PAGE 1 ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANDdALCONTROLCONTRACT BElWEEN 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 shaH 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. ANIMALE&O PAGE 2 EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BElWEEN 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 PAGE 3 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR AN~CONTROLCONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability 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 Fonn 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 tennination 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 PAGE 4 VEHICLE LIABILITY INSURANCEREQ~NTS FOR AN~LCONTROLCONTRACT 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. VL1 PAGE 5 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ~LCONTROLCONTRACT BE'IWEEN 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 ofInsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCt PAGE 6 ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the OrganizationlIndividual taking possession of the property governed by this lease/rental agreement, the OrganizationlIndividual 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 Lease!Rental Agreement and include, as a minimum, liability coverage for: Fire Sprinkler Leakage Windstonn 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. PAGE 7 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADNON~TRATION 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 cOlUlection 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 PAGE 8 MONROE COUNTY, FLORIDA RISK MANAGEMENT POUCY 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 fonn should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the fonn 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. PAGE 9 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 ofW ork: 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: PAGE 10 AFFIDAVIT OF INABILITY TO PAYA~ALCONTROLCHARGES I, , (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certifY: 1. That I am the owner of (name(s) of anima1(s) , who l1avelhas been picked up, housed (specify species) or cared for by Monroe County Animal Control. 2. That for the period of to , $ (date of 1't charge) (date oflast charge) has been incurred as a result of the animal control services stated in paragraph nwnber one. 3. That lam unable to pay (check one). _1) 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 ifmore 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 prop~rty which are not used by me for shelter and the necessitics oflife. If this itcm is checkcd, briefly list and describc all real property and automobiles owned by affiant: 4. If any statement herein is dctennined 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 ,2_, by who is personally Imown to me _ or who produced , as identification. N:otaIy Public - State of Florida at large . Concur Animal Control Director Concur County Administrator EXHIBIT ~'c. '1 Put Vorks Division RESOLUTION NO.496 -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 136-2000 CONCERNING FEES FOR ANIMAL CONTROL SERVICES; IN ORDER TO INCREASE THE COUNTY LICENSE FEE FOR UNSPAYED/UNNEUTERED ANIMALS FROM $20.00 TO $35.00 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Resolution No. 136-2000 is hereby amended to read'as follows: SERVICE FEE Pickup: . 1st time 2nd time 3rd time and more within 12 months $ 25 $ 50 $100 '. . The pickup fees set forth above shall be doubled if the animal picked up was not vaccinated for rabies. Board (per night) $ 10 Disposal $ 10 $ 10 :r o '0 ::.c >- ;:O'n z Or-=:: n~~-< n" On: c::- Z~=" -"( . '0 '='~& "1"," :> r. 0' .I; fTI , . o 21 k.; ::;; 2:.0 ('f' -,,' CO 0 ;:0 ~. ;:0 ~" ITl .1:>0.. {j ...j 0 t:.iY '1 ::0 ..,.....1' 0 II Adoption County License: spayed/neutered unspayed/unoeutered replacement .. .' $ 10 $ 35 $ 2 I' Dangerous Dog Certificate of.Registration ,First Year Annual renewal " $100 . $ 50 I . " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a reg'ular meeting of the Board held on the ..J1j;hday of December' . ,2000., Mayor George Neugent. . :: Mayor Pro Tern Nora Williams'. '.:'., ;'J Commissioner charles "Sonny", ~cCoy' . " . . Commissioner Murray Nelson . :> \. . Commissioner Dixie Spehar :' . ., It' '.10 ....;;t .' '. .. .. " yes yes yes , 'ye~' ye~ \ .:: I . .1 ..~ , :. . BOARD OF COUNTY COMMISSIONERS ". . / OF MO~~OE COUNTY, FLORIDA 'f '... :" ~'yeJ.. K: YLC-A- A~~j " 0 MaYOr/Chairm:nL (s .~~~?IORt . EXHIBIT :D ,~ DATE ff- ?go--,(')~ - NON-COLLUSION AFFIDA V4T --- I, Gwen D. Hawtof, M. D., Pre s iden t, FKSPCA of the city of Key We s t according to law on my oath, and under penalty of perjury, depose and say that; 1) I am Gwen D. Hawtof, M. D., Pres. - FKSPCA ,the bidder making the Proposal for the project described as follows: Operation of Monroe County Animal Control Shelters at Key West, Big Pine Key and Marathon, Florida 2) 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; 3) 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; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; ,. 5) 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. (Signature of Bidder) ~O7- DATE , STATE OF FI Or JC! 0-. COUNTY OF /vIonvoe.- <'~ ~RS~~~_LL Y ) APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hisl (name of individual signing) her signature in the space provided above on t~d~ ,2CDL. )1A.-~ My commission expires: N JJIIIf ~ Beth A Grooms rJ~ My Commission 00038250 '\~j Expires July 04, 2005 18 OMB - MCP FORM #1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (Name of Business) 1. Publish 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. Inform 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 \iolations. 3. Give each employee engaged in providing the commodities or contractual senices that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of ,vorking on the commodities or contractual services that are under bid, the employee "ill 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. Impose 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. Make 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. ~~ 3 }U/07- Date OMB-MCP#5 19 SWORN STATEMENT UNDER ORDINANCE NO.10....t990 MONROE COUNTY. FLORIDA ETHICS CLAUSE 6 eN V\. 1). ~a.1N tot (I;\P retained warrants that he/it has not employed, 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.1 0-1990. 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 consid~r~: l::::;~ officer or empioyee . 0 ~-r.;;~t~rJ) < Date: 3/~~ /OL STATE OF Ror/dul , ~I Or7rcx:.- COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, Gwen ,2CQL. My commission expires: -" "!40.. Beth A GfOOIllS r~'T.f:. My cC)llllfliSSion 00039250 ,~,1 Expires July 04, 2005 OM8 - Me? FORM #4 17 I ,ACQBD,. CERTIFICA-. . OF LIABILITY INSUF\,~NCI;Lo~~~6cH I DATE (MMIDDIYY) , I - 06/25/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONl Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Atlantic Pacific-Key West HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5548 Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Key West FL 33045-5548 I Phone: 305-294-7696 Fax:305-294-7383 I INSURERS AFFORDING COVERAGE -----.- INSURED i INSURER A Allstate Insurance Co. , INSURER B: Penn-American Insurance Co. Florida Keys S.P.C.A. INSURER C. American Home Assurance 1901 S Roosevelt Blvd #403N INSURER 0: Allstate Insurance Co. Key West FL 33040 -- , INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~fRR, TYPE OF INSURANCE POLICY NUMBER b~f~C(~~5~fJ~)E I P~AL+~~~~Jci~~J~?N I I GENERAL LIABILITY i I i EACH OCCURRENCE B !Xl COMMERCIAL GENERAL LIABILITY: PAC6231432 07/01/02 07/01/03 FIRE DAMAGE (Anyone fife) rTi CLA!~.1S MADE IX: tJCCltR : MED EXP (Anyone person) ,~..J '-----': i PERSONAL & ADV INJURY i--: -___ I ' W I GEN'L AGGREGATE LIMIT APPLIES PER !xl POLICY :i ~~T n LOC ' ~. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS D l~ SCHEDULED AUTOS D ~ HIRED AUTOS D ; X I NON.OWNED AUTOS r----1 H 1$ 1$ 1$ 1$ 1$ I hO~'Lb!M~~SJ __J~~~ '1._______ _.__ . E.L. EACH ACCIDENT I $ 100000 EL DISEASE. EA EMPLOYE~ $ 100000 E,L. DISEASE. POLICY LIMIT $ 500000 COVERAGES GENERAL AGGREGATE PRODUCTS. COMPIOP AGG COMBINED SINGLE LIMIT (Ea aCCident) I 048050107 ; 048050107 048050107 BODILY INJURY I (Per person) 06/30/02 06/30/02 06/30/02 I I 06/30/03 06/30/03 06/30/03 BODILY INJURY (Per aCCident) PROPERTY DAMAGE (Per aCCident) : I GARAGE LIABILITY P ANY AUTO ! I : EXCESS LIABILITY P OCCUR C CLAIMS MADE ,----, HI DEDUCTIBLE RETENTION S AUTO ONLY, EA ACCIDENT i $ EA ACC $ I I . OTHER THAN AUTO ONLY: .<'\ ......", .~,.:. ..",(.'tJ0~i<\ '''',1, \.6 -\. \.... ')v... ,.,1 .: ,"~;~";' '--r i {j \;l \ (-?- .i_~.!_~ -...,.~--...;.. ,,/ ..'..~r. ".. ./ YES ,;;-.,,',.._..' ,\fl.D../' - I II' , rr) ,l) EACH OCCURRENCE {\'fA J_~.!'JIJ AGGREGATE VYl '\ - 'J~' er (L!~ 1 ! 07 /01/021 .:;:0!1/,~3 Qp .Y~'\ r,-.;]) 07/01/021 DESCRIPTION OF OPERATlONS/LOCATlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Animal shel ter C1 I WORKERS COMPENSATION AND EMFLOYERS' LiABILl,y i I WC7242480 OTHER A Property Section 049840697 07/01/03 I Key West CERTIFICATE HOLDER i y ~ ADDITIONAL INSURED; INSURER LETTER; L CANCELLATION LIMITS $ 1000000 $ 50000 1$ 5000 1$1000000 '$ 2000000 1$2000000 $ 1000000 I 1$ I I i$ I , I $ AGG $ $89000 MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..lL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Monroe County Board of County Commissioners 1100 Simonton St Key West FL 33040 ACORD 25-S (7/97) Jun-27-02 l2:l6P Richa . Hora n 305 C . 7762 P.Ol DA TO: ATTN: RE: . OF PGS: 3 FAX t# 305-29~.7J83 I i for Anlmlts New Submission We are pleased to offer the following COMMERCIAL GENERAL UABIlITY quotation ~hrough Penn America Insurance Company (A M Best Rated A- VTII) : Limits of uability: $ 1,000,000 Occurrence $ 2,000,000 General Aggregate . $ 2,000,000 Products/Completed Operations Aggregate: $ 1,000,000 Personal/AdvertiSing Injury , $ 50,000 Are Damage $ 5,000 Medical Payments DEDUcnSlE: $ 0 61 & PD Per Occurrence, Not on Defense Premium: $ 6,025.00 Administrative Fee: $ '35.00 Inspection fee: $ 150,00 '..' 5'Ya Surplus Lines Tax; $ 310,50 , , .3% Service Office Fee.: $ 18.63 I, .:'. Totol $ 6.539.13 " The Premiu!TIls based on the following dass codes '&' exposures: ~B51 - Veterinarian - ~yroll of $225,000 c. 07220 - ProfesSional Ua i11~ . . . 45't~O - Kt:11I leIs, 8\ Cl:iIlng, BOarding or Sales- # of Compartments- 115 . 49950 -.Additlonal Insured - Monroe County , .. CONomONS: eGOOOl CG030a CG2155 CG2147 IL -0021 5-2000 5-2002 5-2007 5-2033 Continued on Page 2 CGL Covenlge Form Deductible Endorsement , Pollution Exdusion With Hostile Are Employment Related ~ractlces Exduslon Nudear Energy Exclusion General Uability Declarations Combined Provisions (EXCLUDES: punitive Dama!)cs, ~OSt Earth-movemen~ Contractual Uabllity Amendment lead ContaminatIon Exdusion . JLl Jr- -. Page 2 RE: Florida Keys Society for Animals Forms &. CondItions Continued: 5-1001 Service of Suit , -,I 5-1003 2S % MInimum Earned Premium - Cancellation & Non-Renewal IL-OOll Common polley Conditions CG0057 Amendment-Known rnjury or Damage CG2167 Fungi or Bacteria Exdusion CG2169 War or Terrorism Exduslon S2 Amendment 56000 Professional UabUlty 0 ara ons ,.' - : GaOL -----.'COmmero8l ProfeS:SionaTOabl11ly Coverage part) CG2026 Additional Insured - Monroe Cuvnty -- ' CG2116 ExClusion Designated Professional Service . ~. I, .' i I DArE i ACORDrw CERTIFICATE OF LIABILITY INSURANCE ! 6/27/ 02 PRODUCER THIS CERTIACATE IS ISSUED AS A MAlTER OF INFORMATION Atlantic Pacific Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE HOLDER. THIS CERTIACATE DOES NOT AMEND, EXTEND OR PO Box 5548 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Key West, FL 33045 INSURERS AFFORDING COVERAGE INSURED INSURER A:. Florida Windstorm Florida Keys S.P.C.A. INSURER B: Mobile USA 1901 S Roosevelt Blvd INSURER C: Western Surety I eM Key West, FL 33040 INSURER D: I INSURER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INSURANCE POUCY NUMBER p~..%Y,J~~~E ~};l~ ~,Xh~~ UIllITS i ~ERAl. UABlUlY EACH' OCCURRENCE $ COMMERCiAl GENERAL lIABllIlY FIRE DAMAGE (Anyone fire) $ I I ClAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~L AGGREn UMIT APAS PER: PRODUCTS. COMP/Of' AGG $ PaJCY ~~g LOC ~OMOBlLE UABlUTY COMBINED SINGLE LIMIT $ AJoIY AUTO (Ea aocident) I-- K M,o..l"tAGEMEt i ALL OWNED AUTOS f-- ~Da BOOIL Y INJURY $ SCHEDULED AUTOS 1/, . .1...-:7 {Per perllOll} f-- API? '" \, / - I HIRED AUTOS ;...\.,"-~ >-- ,) ~. \C2 BOOIL Y INJURY $ NON-OWNED AUTOS B'{ ~ "T ~\ L-- (per aocident) I-- DAiE - lLYES- i....-- PROPERlY DAMAGE $ ._~ ~I I A- (Per BCCldent) GARAGE UABlUlY '1'/;>"1'1-' ' ...... $ . ; ),~ AUTO ONLY. EA ACCIDENT ==j ANY AUTO !~ ~. / ,'1/ j V EAACC $ I " . ~../~ OTHER THAN VI, AUTO ONLY: , \... AGG $ EXCESS UABlUTY ~ \~CJ- EACH OCCURRENCE $ ; " o OCCUR 0 CLAIMS MADE ~ -< { AGGREGATE $ , ~ - ,. 'J:G .~ :,.." .. i .. I . \ $ I' . ~ U./1 ' q DEDUCTIBLE ir~0 $ ~ '::, . I , RETENTION $ $ WORKERS COMPENSATlON AND I TORY LIMITS I IOJ,!t EMPLOYERS' UABlUTY E.l. EACH ACCIDENT $ E.l. DISEASE. EA EMPLOYEE $ E.L. DISEASE. POliCY LIMIT $ OTH ER A Windstorm 1055931 7/1/02 7/1/03 $95,000 - Key West B Flood 093276019509 7/1/02 7/1/03 $91,200 - Key West , DeSCRl~ Of OPERA TlONSlLOCA TlONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPEClAL PROVISIONS C: Employee dishonesty #69364308 7/1/02-7/1/03 $100,000 I I CERTlACATE HOLDER IX I ADDlTlONAL INSURED; INSURER LETTER: Y CANCELLATION Honroe County Board of County Comnissioners 1100 Simonton St. Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCfUBED POUCles BE CANCEUED BEFORE THE EXPlRA Tl DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -1Q... DAYS WRrTTEN NOTICE TO THE CERllACATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHALL IMPOSE NO OBUGA TlON OR UABlUlY OF ANY KIND UPON THE INSURER, REPREsENTAnJs.. ~\ " AUTHOfUARE~~VE ;'1/ l ^; ." ~/r;~: , I , ....--" f; ..... ~. ARTICLES OF INCORPORATION OF i I / '$ c:.- ~ ~ ~ - - The undersigned, acting as Incorporator of a corporation not~ for profit under the Florida Not For Profit Corporation act, - as set forth in Chapter 617 of the Florida Statutes, adopts the following Articles of Incorporation for the corporation: FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. Cl -- "'::'cJl U;,.,.. _c-: ~~ t:.~ ...-.... ",)' " A F~orida Not-For-Profit Corporation ..- - .. . . - -' ~";'.'"'' . :::) rJ~ ?:>_,\ ~~ or" -;J:. cJl ARTICLE I. CORPORATE N~ The name of this corporation is Florida Keys Society for the Prevention of Cruelty to Animals, Inc. . ARTICLE II. PRINCIPAL OFFICE The initial principal office and mailing address of this corporation is 1901 South Roosevelt, No.403N, Key West, Flozida 33040. ARTICLE III. INITIAL REGISTERED AGENT AND OFFICE The name ar.d street address or the initial registered agent are Carol Colburn, 1901 South Roosevelt, No, 403N, Key West, Flor~da 33040. ARTICLE IV. INCORPORATOR The name and street address of corporation are Carol Colburn, 403N, Key West, Florida ~3040. the 1901 Incorporator of South Roosevelt, this No. ARTICLE V. DIRECTORS The powers of this corporation shall be exercised, its properties controlled, and its affairs conducted by a Board of Director:s. The number of directors may be increased or decreased from time to time as provided in the By-Laws, but shall never be less than three (3). The method of election i~' 'If (.I of di=ectors shall be as stated in the By-Laws of the corporation. ARTICLE VI. PURPOSE This corporation is organized for the purpose of transacting any and all lawful business for the protection of abandoned, um.,ranted and mistreated animals by providing a safe environment, health care and adoption service an~ shall have and exercise all powers conferred upon not for profit corporations under the laws of the State of Florida generally, and specifically as provided in Section 617.0302 of the Flo~ida Not For Profit Corporation Act. ARTICLE VII. INDEMNIFICATION This corporation shall indemnify its officers, directors, employees and agents to the full extent permitted by law. ARTICLE VIII. NOT FOR PROFIT The corporation is a not for prof~t corporation under Chapter 617, Flo,!' ida Statutes. The corpora tion is not formed for pecuniary profit. No part of the income or assets of the corporation is distributable to or for the benefit of its directors or officers, except to the extent permissible under these Articles, under law and under IRC Sec. 501 (c) (3) (~eferred to bel 0"'" as "code"). If the corporation ever has mem1Je~s, no member shall have any vested right, interest or privilege in or to the assets, income or property of the corporation and no part' of the income or assets of the corporation shall be distributable to or for the benefit of its members, except to the extent permissible under these il.rticles, under law and under IRC Sec. 501 (c) (3) ARTICLE IX. TAX EXEMPT STATUS It is intended that the corporation shall have and continue to have the status of a corporation that is exempt from federal income taxatio:1 IRe Sec. 501 (a) as an organization described in IRC Sec. 501 (c) (3) and which is other than a private foundation as defined in IRC Sec. 509. These Articles shall be construed accordingly, and all powers and activities of the corporation shall be limited accordingly. The corporation shall not carryon propaganda or otherwise attempt to influence legislation to such extent as would resul t in the loss of exemption under IRC Sec. 501 (c) (3) . Wi ..... ,,~ CERTIFICATE OF DESIGNATION OF REGISTERED AGENT/REGISTERED OFFICE / I I I PURSUANT TO THE PROVISIONS OF F.S. 607.0501, UNDERSIGNED CORPORATION, ORGANIZED UNDER THE LAWS OF STATE OF FLORIDA, SUBMITS THE FOLLOWING STATEMENT DESIGNATING THE REGISTERED OFFICE/REGISTERED AGENT IN STATE OF FLORIDA. THE THE IN THE 1. The name of the corporation is: Florida Keys Society for the Prevention of Cruelty to Animals, Inc. 2. The name and address of the registered agent and. office are: Carol Colburn 1903 South Roosevelt No. 403N Key West, Florida 33040 Having been named as registered agent and to accept service of process fer the above-stated corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to' act in this capacity. I further agree to comply with the provisions of all statutes relating. to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. DATED this ~~ day of January, 1999. ~d/ cJ~ CAROL COLBURN Registered Agent -:: ~ ~ .:;e f\) " c:J - =::u, ~rt-; E::J~ ..~.' .'"'\ :....,~ .J:'- ..... -..;. -: . ~ ;jj ;~'{i: .. =v C/l ~~~ :::;!-.J !f?n., C/) - 00/27/2002 13:55 3052923228 FKSPCA PAGE Ell FI0rtd8 Keys Society for the Prevention 01 en.tty to AnhMIa, Inc. M8f1: 1801 Sa. RooeeveIt BMt. . .anN, Key West. FL 33CMO Phonen=ax; (305) 292-1011 emIJII: Int~ tfP'Je-tc:om Sheft..: Key Welt - 5230 College Rd. (Stock....nd) - (305) 2M-4857 Fax: 214-1331 Manllhon - 10550 Avt.tlon 8Mj. . (305) 743--3778 Fax: 7~ June 27. 2003 President Gwen O. Hawtof, M.D. 1037 United Street Key West, Fl 33<MO Vtc:e President Deborah Angel-Schultz 810 Shavers Lane Key West. FL 33040 See.lffeslUrer Carol A. Colburn 1901 So. Rooaevel. Blvd. - 403N Kay West, FL 33040 Director at Large Damon Leard 609 Elizabeth Street Key West, FL 33040 Dtrector 8t Large Patricia SkevingtOtl 20 Kestrel Way Key West, FL 33040