Item C23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18. 2008
Division: Community Services Division
Bulk Item: Yes L
No
Department: Community Services Division
Staff Contact PersonlPhone #:Deb Barsell
X 4510
AGENDA ITEM WORDING: Approval of Renewal Agreement between Monroe County Board of
County Commissioners and Stand Up For Animals, Inc. (SUFA) extending current contract one (1)
additional year (period of July 1, 2008 - June 30, 2009) and changing the hours of operation of the Big
Pine Key Animal Shelter from lOA - 2P to 8A - 12P, Tuesday through Saturday.
ITEM BACKGROUND: It is the intent of this Renewal Agreement to exercise the option of
extending the current contract with SUF A for one (1) additional year and to change the hours of
operation of the Big Pine Key Animal Shelter.
PREVIOUS RELEVANT BOCC ACTION: 5/18/05 - Approval of Contract; 6/15i05 Approvalot
Addendum
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $263.476.56
BUDGETED: Yes ~ No
COST TO COUNTY: $263.476.56 SOURCE OF FUNDS: GF
REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH_ Year
APPROVED BY: County Arty ~ OMB/Purchasing ~
Risk Management _X_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11106
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
SUFA
Contract #_
Effective Date:
Expiration Date:
7/1/08
6/30/09
Contract Manager: Deb Barsell
(Name)
4500
(Ext. )
#1
(Department/Stop #)
for BOCC meetin on
6/18/08
A enda Deadline: 6/3/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 263,476.56
Budgeted? Y es~ No 0 Account Codes:
Grant: $
County Match: $ 263,476.56
Current Year Portion: $ 65,869.14
001-21000-530340-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
g;:!ollV Ye;O~~E(j~. er } /-
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YesBNoD Q:;~~?d2:,,~
(P/~OB YesD NolX] a:xr~llJ/JfU-8CU(Jllft{M
Risk Management
PJu-
O.M.B./Purchasing <C -2--65
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County Attorney
Comments: ).J(j l2:fn 'c.s .(4) m (11 ,Sh:=k..-n('..n+ ~clu>C. P-1&~ - ~ ~
OMB Form Revised 2/27/01 MCP #2
FRCl1 : PUBL I C WORKS-DETENT! OM CENTER
FAX NO.
Jun. 03 2008 12:50PM Pi
R":Nf~WAL AGRREMENT
(()pl~nltfon uf the Big Pine Key llnd Mnratholl Animal Shelters)
'J'fTIS RENEWAL A(;RF.EMPNT if; e.nt.erl'.d inro rhi~ IHIIi day of June, 200H, bdwten Monroe
COtlllly Board of COllnty Commissioners (COllNTY) and S[ant! Up tIll' Animals, Inc. (St1FA),
(CONTRACTOR) in oruer [0 n:.r1l'W lhe agreemc.nt entered into (In May 18, 2005.
WllliJillAS, 011 May 18, 2005, the parties enteJ'e-d into none-year agreeTllcnt for animal wnlroll.llllJ shell!:T
servke$: illld
WHERUAS, on JUlle 15,2005, the l'ontraC[iJr requested, and llll; BOCC appmwd, a change [0 a three year
contract to pmvide h'fcatcr long. ranh'C planning since [he County is the Cnntr:letor.s only die.nt; and
WHHHI':AS, it j~ th~ intent of thi~ Rp,newal Agreelllt'!nt 1('1 allow the COUllty 10 exercise it$ option of
renewing the Agrecment h)r an m.hJitinnal one^Yl'ar period; HIllJ
WHEREAS, [he Contractor has requested to chan~e the hours of opemion of the 8ig Pine Key Shelter;
IlOW dlerefOl'e
TN CONSIDERA nON nflhl'. mutual Jlromises clml<lincd herein, the. pa.rties hereby agree 4lJi follows:
I. In accordance with Seetinn IV RENEWAL Ilf the agreement entered inlll on May Ill, 200'i, [he
agn:cment is hereby renewed (or an additional onc-ye.ar period.
2. The te,rm of Ihi.~ Renewal Agreement ~hilll he till" a twelve (12) month period be.ginning July I,
2(K)1l and ending at 12:00 midnight on June 30,200!),
J. Section lll-SCOl'E OF SERVICES subsection (8) HOllRS OJI OPtlRATJON of the Agreemenr
dated May 18, 2005 shall he amcndl~ by changing the tilllllwing sentence tll Teau: AI a minimum:
the Rig Pine Key Shelter shall be open to the public from 8 a.m. 10 12:00 p.m.. Eastern Time,
Tuesday Ihmugh Somrday.
4. In all olher respects. Ihe remaining t(:rm.~ of the Agreement entered into on May 18, 200:i, nllt
inconsistent herewith, shitll Temain in 1'1111 filrce and efti.-,~t
IN wnNBSS WHF.RF.OF, the parties have caused these pn.\'ll1nts to be CXl.'-cutcd in lheir
respective names.
Allesl:
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FWRIDA
By:
Deputy Clerk
By:
Mayor Mario Di Gennaro
Attest:
By:
Jj . .#
Se(-'Ttmuy
ST AND UP FOR ANIMAl .S, TNe.
By: ..~_~~-:>, ~.,o I
Linda Gottwald, Dir~tor/Prosj<lcnl
OR WITNESSES;
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
~ L!J~fldh..~
CHRIST~~ M. LIMBERT- ARROWS
A8SISTAN1' COUNTY ATTORNEV
Date
LOBBYING AND CONFUCT OF INTEREST ~AUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
.{;A/tJ/1 (i;>7XvA.<.ZJ / Sf/FA warrants that he/it has not employed, retained
I
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,
p. 1
..commissio~ perce~gift, or consideration paid to the fonner County officer or employee.
~-~ '21/J
~/ ~ .,' ,
(signature)
(l,- ~ - Q &'
Date:
STATEOF ~\ociro
COUNTY OF mone..o e,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
h'\ rdC\ CO!) ~~ who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
day of
j~
,20m
ALICIA STEMJHMI
'^' ~:~
.p Wy (;llIftllI. "85 JuIJ 24. 2009
NOTARYP Ie
My commission expires: 2~ 2L\ c 2. 0<:11
OMB - MCP FORM #4
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"
ADDENDUM
THIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County
Board of County Commissioners (COUNTY) and Stand Up for Animals, Inc. (SUF A), (CONTRACTOR).
WHEREAS, on May 18,2005, the parties entered into a one-year agreement for animal control and shelter
services; and
WHEREAS, on June 15,2005, the Contractor requested, and the BOCC has approved, a change to a three-
year contract to provide greater long-range planning since the County is the Contractor's only client
WHEREAS, Contractor has requested a CPI increase of 2.5% effective Jilly 1, 2007 through June 30, 2008;
now therefore
IN CONSIDERA nON of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18,2005, shall be amended by adding the following sentence:
--'fhe commel amount agreed to herem may be adjusted arulUally in accordance with the percentage
change in the Consumer PricelIndex (CPI) for all urban consumers (CPI-U) for the most recent 12
months available.
2. The remaining tenus of the Agreement entered May 18,2005, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest:
DANNY L. KOLHAGE, CLERK
By. (1.
Deputy Clerk ,,- 20 -07
MONROE COUNTY ATTORNEY
A~ASWf~
~
Dale COUNTYfhO~1oY1
By:
~it~
Mayor. Mario Di Gennaro
STAND UP FOR ANIMALS, INC.
Attest:
By:
BY:(~w, ~~JcP ?J..().
President /
Secretary
OR WITNESSES:
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ADDENDUM
THIS ADDENDUM is entered into this 15th day of June, 2005, between the Monroe
County Board of County Commissioners (COUNTY) and Stand Up For Animals, Inc. (SUFA).
WHEREAS, on May 18,2005, the parties entered into a one-year agreement for animal control
and shelter services~ and
WHEREAS, Contractor has requested a change to a three-year contract to provide greater long-
range planning since the County is the Contractor's only client~ now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1. Section I of the agreement dated May 18, 200S,shall be amended to read:
1. TERM OF AGREEMENT:
This Agreement shall be for a period of three (3) years beginning July 1,2005, and
terminating at midnight, June 30, 2008 The County shall have the option of renewing
this agreement for two additional one (1) year periods, which shall be exercised by giving
written notice of said renewal to SUF A at least thirty (30) days prior to the termination
date.
2. Section II of the Agreement dated May 18,2005, shall be amended by adding the following
sentence:
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.
3. The remaining terms of the Agreement entered May 15, 2005, not inconsistent herewith, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
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respective names. 3 g
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BOARD OF COUNTY COMMIS~R~
OF MONROE COUNTY, FLO~r- ~
,(A'~ >n ~~ ~
BY::/U- :<:-'); N
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Mayor Dixie M. Spehar ~ r'1 0;
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Attest:
By:
Secretary
OR WITNESSES:
STAND UP FOR ANIMALS, me.
By: ~ ~~V'cd'..f
reSIdent
CONTRACf
(Operation of Big Pine and Marathon Animal Shelters)
TIllS CONTRACT, is entered this atb day of ME 2005, by and between the
Board of County Commissioners of Monroe County, Florida (COUNTY), and STAND
UP FOR ANIMALS, INC., (CONTRACTOR).
WHEREAS, County bas certain responsibilities under State and COWlty laws, to
provide animal control services and enforcement ofIaws related to animals; and
WHEREAS, it has been detennined 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
TIlEREFORE
IN CONSIDERA nON OF the mutual promises contained herein, the parties
agree 88 follows:
I. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning, July 1. 2005 and
ending at 12:00 midnight on Jun~ 30. 2006. The tenn 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 $248,598.00 per annum. The County shall pay the Contractor on
a per month in arrears basis in an amOlmt equal to l/12 oftbe total cost of the contract, or
$ 20.716.50 per month. The Contractor shall provide a monthly invoice on the lit day of
each month to the Division of Community Services, and payment sball be made on or
about the I st 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 tenninated immediately at the option of
the County upon written notice of tennination 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 sbaIl provide all staffing, equipment, and supplies nec~ to
operate the Big Pine Key and Marathon Animal Shelters located at Industrial
Drive, Big Pine Key, Florida, and 1 0550 Aviation Boulevard, Marathon,
Florida, and provide complete animal control and enforcement services from
Mile Marker 16.7 (the Hanis Channel Bridge) through Mile Marker 69 (up to
MM 70), including the Cities of Marathon, Key Colony Beach and Layton.
1. STAFF: The Contractor will fully staff: operate and perform all
current functions of the Shelters, as further identified in the training manual to be
prepared by Contractor; said training manual will be reviewed and approved by
the Director of Community Services 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 not limited to FA.C. lOD-3.091,
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 Shelters or which become the responsibility of
the Shelters. All animals in the custody of tile 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 Shelters. 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
perfonn 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 or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable
dogs, provide deworming to all adoptable anim~ls, 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
Shelters, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner.
5. 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
Shelters for the purpose of securing suitable homes for adoptable
ani""I~. The ContJactor sball 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 lung-kiln homes. The screening
procedmes shall he reviewed periodically by the Director of
Community Services 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 Agreement attached hereto as EXHIBIT "A," unless
modified by written and signed directive from the Director of
Community Services.
(c) The contractor shall enforce the provisions of the contract,
including, but not limited to, taking any action necessary to ensure
that an adopted anim~1 is spayed or neutered prior to releasing the
animal or transfening 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 animaJ~.
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 clUTent
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
1. 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.
7. Adoption Guidelines, which shall absolutely require sterilization
of all 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.
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
8. HOURS OF OPERATIONS: At a minimwn: the Big Pine Animal
Shelter shall be open to the public from 10:00 a.m. to 2:00 p.m., Eastern Time,
Tuesday through Saturday, and the Marathon Animal Shelter shall be open to
public from 9:00 a.m. to 5:00 p.m., Eastern Time, Tuesday through Friday, and
from 9:00 a.m. to 3:00 p.m., Eastern time, on Saturdays and Sundays.
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:
I. 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, or his designee, with copies of the Animal Control Officer
Training Program Certificates.
2. Emergency services (24-hours per dayl7-days a week) for Priority One
calls which are:
a. Injured ani~l;
b. Bite cases; person bit by any warm-blooded creature;
c. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
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 anima.l~ 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 eutha.ni7.ed or that expire while in the
care, custody, or control of the Contractor, in accordance with all
applicable laws, regulations and ordinances.
9. Investigating aU 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 aU persons charged with violation of said
ordinances and regulations, which includes representing Monroe County
in court proceedings when required. Further, upon tennination of this
agreemen~ 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
re~ the Contractor shall issue receipts and keep appropriate records of all funds
received and shall provide the Director of Community Services or his designee with
copies of daily cash reconciliation forms, daily bank deposit information and
original license certificates that are issue on a bi-weekly 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 fonn to the Director of Community Services or his designee, said
affidavit funD is attuched hcu;l:o and marked Exhibit "B. n The Contractor shaH
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 "C." The Contractor shall not charge any other fees for services at the
Shelters unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services
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 the following reports:
(1) Adoption Reports, by species & age (maturefunmature), 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 (maturelimmature), and showing number which
were feral, diseased or injured.
(4) Number of animals taken in, by species & age (maturelimrnAhare) and
showing numbers brought in, picked up & redeemed.
(5) County Fees collecte<L designating the fees collected for each of the
following: licenses,
pick-Up, intake, boarding. adoption, disposal & eutha~~ia.
(6) Average number of days ofboarding by species & age (maturefunmature).
(7) Total number of animals (by species) at the shelters at beginning of month
and the total number of animals (by species) at the shelters at the end of the
month.
E. HURRICANE OR OTHER NA ruRAL 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 ani~s 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 discretio~
require the Contractor to have the listed employees remain in the County during and after
a Category I, 2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the services desi~ for the
Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering
Pian 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 ~ of this
Agreement to enforce or attempt to enforce or attempt to enforce any third~party claim or
entitlement to or benefit of any service or program eontempIated 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 the first year, for two (2)
additional one-year periods. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI) for
all urban consumers (CPI-U) for the most recent 12 months available.
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all
applicable fees for any permits and licenses necessary to operate the Shelters. By
signature hereo~ the Contractor warrants that it is authorized by law to engage in the
perfonnance 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 bus~ 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 st:rictly
considered to be independent contractors in their perfonnance of the work contemplated
hereunder. As such, the Contractor. its agents and employees shall oot 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 shan 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, if required, to be authorized or permitted under State and loca1law to
perfonn such services.
VIII. UTILITIES: The Cuub....tor shaH be responsible fur payment of all utility
charges for the Shelters. All utility accounts will be held in the Contractor's
name.
IX. VEIDCLES:
The County hereby leases to the Contractor two (2) COWlty vehicles currently assigned to
the Shelters identified as follows:
1. 1995 Ford F150 Pick Up Truck (Unit 0910/061);
2. 2004 Ford Fl50 Heritage Truck (Unit 0910/082);
The Contractor shall be responsible for payment of all fuel, oil. and other supplies
necessary to operate the vehicles. In addition, the Contractor shalI be responsible for
repairs to said vehicles and shan maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "D." The Contractor shall provide an average offour
(4) oil changes annually for each vehicle. and shall schedule vehicle inspections with
Monroe County Fleet Management no less than three times annually for each vehicle.
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 or his designee to document and
verify that the required maintenance bas been perfonned. Nothing herein shall prevent
the County from inspecting the vehicles at any reasonable time.
X. HOLD HARMLESSIINSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold hannless Monroe COWlty
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 COWlty) 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 commencing services under this agreement, the contractor shall furnish the
Owner Certificates of Insw-ance as indicated on forms entitled General Insurance
Requirements for Animal Control Contrac~ Animal E&O~ ED2~ GLAnimals, VLl,
WCt, All Risk Property Insurance and TCS, as attached hereto and incorporated as in
EXHIBIT "E."
XI. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received
at the Shelters by Contractor. Said donations shall be used by Contractor only rOt 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 fimding in the future. In the
case of donations solicited by thinl 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 bas 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. MAINfENANCE:
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 notifi~ 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.
XVI. IMPROVEMENTS OR MODIFICA nONS TO FACILITIES:
No improvements or modifications may be made to the Shelters, appurtenances, or
surrounding properties without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelters for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Community Services 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 Shelters 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 fimding in the future.
XVIII. NON-DISCRIMINA nON:
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 occ~ 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 ~ and aIllocaI 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 use 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 Drog 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 91-616), as amend~ relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 191~ ss. 523
and 527 (42 USC S5. 69Odd-3 and 29Oee-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 use 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 F ACILITIES/ AUDITI 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 CoWlty 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. CATIRACCOON TRAPS:
The County hereby leases its catlraccoon traps to the Contractor for the Contractor to rent
to the public upon payment of a deposit fee. All deposit fees collected by Contractor
shaIl be returned to the renter upon return of the trap or, if the trap is not retmned 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 animal~. 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.
XXIV. 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 wrrn CAUSE:
The County may terminAte this agreement for cause if the Contractor shall default in the
perfonnance 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 euthana.~ia in a hwnane manner.
d. Failure to maintain the Shelters 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 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 agreemen~ 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 terminAte 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.
XXVIII.
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 cont1ict m any manner WIth the pertonnance 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.
XXIX. FINANCIAL RESPONSmILITY:
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.
XXX. 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
1100 Simonton Street
Key West., FL 33040
and
County Attorney
PO Box 1026
Key West., FL 33041-1026
and
James E. Malloch, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
Linda Gottwal~ Director
Stand Up for Animals, Inc.
10550 Aviation Boulevard
Marathon, FL 33050
XXXI. TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall Dot be exempted by virtue of the County's exemption from paying sales
tax to its suppliers for materials used to fulfill its obligations W1der 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
XXXII.
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).
XXXIV. 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.
BOARD OF COUNTY COMMISSIONERS
OF MO~~ C;O~, FL<}IDi} _ .
~'.4f4U ///. ~
By: T
aYOI an
(SEAL)
Attest:
STAND UP FOR ANIMALS, INC.
By:
By:
WITNESS
By: .x '~ ~~-c.Jud
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Title: c ~ :;-: cJ . I'~ A.
WITNESS
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EXHIBIT" A"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOYnONAGREEMENT
(ORGANIZATION'S NAME)
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization),
the "Agency" this@W day of (month), 200_.
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
1. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption ~hall he li~ted on
a receipt provided to Adopter: Adopter may return the animal within 10 days of adoption without
further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital
disorder. Any return after that time or for other than a congenital disorder will be subject to the
Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter
care for the County shelter, none of the adoption or other related preparatory fees are refundable.
3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages
against Agency and Monroe County, their officers, employees, agents and representatives which may
result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for
the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement that the animal has been neutered/spayed or shall return the animal to the Agency for such
procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay
all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this
issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be
entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in
force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal
without first giving Agency the rightto take possession and ownership of the animal, subject only to
the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter)
(Signature of Agency Representative)
EXHIBIT "B"
AFFIDA VIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I, , (name) who being first duly sworn, in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
1. I am the owner of
(name(s) of animal(s)
who are, respectively,
, and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
2.
For the period of
to
, $
(date of lit charge)
(date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one)
I) the charges (or)
2) any more than $
without substantial hardship to myself or my family due to the following circumstances: (check all that
apply)
(A) My household gross monthly income from all sources is less than:
(I) $1,200 if only one person in household, or (2) $1,500 if more than one person in household.
(B) I do not have cash (including checking and savings account) in excess of$500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly
describe in the space provided below:
(D) I do not own real or personal property which are not used by me for shelter and the
necessities of life. If this item is checked, briefly list and describe all real property and automobiles
owned by affiant:
4. If any statement herein is determined to be untrue, I agree to pay such charges as have been
waived as a result of this affidavit.
(signature)
SWORN TO AND SUBSCRIBED before me this _ day of . 200_. by
, who is personally known to me _ or who produced
,as identification.
Concur
Notary Public - State of Florida at large
Animal Control Director
Concur
County Administrator
~ic Works Division
RESOLUTION NO,49b -:WOO
A RESOLUTION OF THE SOARD OF COUNTY COMMISSIONERS OF
MONROe COUNTY. FLORIDA. ,AMENDING RESOLUTION NO. 136.2000
CONCERNING FEES FOR ANIMAL CONTROL SERVICES; IN ORDER TO
INCREASE THE COUNTY UCENSE FEE FOR UNSPAYEDIUNNEUTERED
AN1MA!,S FROM $20,00 TO $35.00
BE IT RESOLVED BY TIiE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNrf,
FLORIDA. as follows:
Resolution No. 136-2000 is hereby amended to rcad'as follows:
SERVICE
FEE
Pickup: '
ill time
ZWS time
3nlUme and more wilhin 12 monlhs
$ 25
$ 50
$100
---~
~---
The pickUp fees set fOrth aoove shall be doubled if the animal pickQC up was not vaccinated for rabies,
Board (per nighl) $ 10 '
Adoplion
$ 10
$ 10
:r
00
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County License:
spayed/neulered
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replacement'
Danaerous Dog Certificale of.Regislralion
,First Year
Annual renewal
$ 10
$ 35
$ 2
$100
$ 50
, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Ronda, :!t a
regular meeting oflhe Board held on the --1.l.!;hdayof, December' ,2000.,
Mayor George Neugent. . : :
Mayor Pro T em Nora Williams', <' . , : 'f
Commissioner Charles .Sonny". McCoy" ,
, ' , Commissioner Murray Nelson : :,:
\ . Commissioner Dixie Spehar' .
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EXHIBIT "D"
51
EXHIBIT "E"
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre-requisite of the work governed, or the goods supplied under this contract (incl,!ding the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own expense, IOsu~ance as
specified in any attached schedules, which are made part of this contract. The Contractor Wlll ensure that
the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging
of personnel and material) until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of work, resulting from the failure of the
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance
shall not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate ofInsurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,
or 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 GeneraJ Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by
Monroe County Risk Management.
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
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 Ploscl;ution
· Wrongful Entry and Eviction
· Assault and Battery
· First Aid E&O
· False or Improper Service of Process
· Violation of Property Rights
· Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
ANIMAL E&O
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
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
Contractors employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
ED2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
AN~LCONTROLCONTRACT
BElWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Li.a~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
mInImum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
GLAnimals
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization
shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be
maintained throughout the life of the Agreement and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
. Physical Damage Protection
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfY the above requirements. In addition, the Monroe County Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage protection.
VLl
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BElWEEN
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 shaH be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate 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.
WCl
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHELTERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the properly governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of
Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented.
Coverage shall be maintained throughout the life of the LeaselRental Agreement and include, as a
minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor s in an tier, occasioned b the ne Ii ence errors or other
wron act or omiSSIOn 0 t e ontractor or Its Su contractors 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 Contractors failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured - If a letter from the Insurance Company
(not the Agent) is presented, stating that they are unable or unwilling to name the County as an
Additional Insured, Risk Management has been granted the authority to waive this provision.
and
· The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for
consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision making authority.
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date: