Item G1aZ-A"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: April 20, 2011
BULK ITEM Yes X No
DIVISION: Public Works
DEPARTMENT: Public Works
STAFF CONTACT PERSON/PHONE NO.: Dent Pierce/292-4560
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Safe
Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter
and provide animal control services from Mile Marker 16.7 to Mile Marker 70.
ITEM BACKGROUND: At the bid opening held February 15, 2011, SHARK bid $238,906 for
Option 3A •- Big Pine Service Area, Marathon Animal Shelter and Service Area utilizing the Marathon
Animal Shelter only.
On March 3, 2011, the Bid Committee vote 5-0 to recommend to the BOCC a split bid with FKSPCA for
the Big Pine service area and SHARK for the Marathon service area.
On March 16, 2011, the BOCC approved staff recommendation to award bids as recommended by the Bid
Committee to the FKSPCA for the Big Pine service area and to SHARK for the Marathon service area,
subject to negotiating a contract with SHARK for the Marathon -only component. County Administrator
and Staff were instructed to also negotiate with the two (2) recommended parties to come up with some
type of an agreement to achieve a cost of no more than what the county has paid in the past for animal
control, and to recognize the responsibility and obligation to the Habitat Conservation Plan to reduce
predation on Big Pine and No Name Key and the pros and cons of maintaining animal control on Big Pine
Key in a static or mobile manner.
At the contract negotiation meeting held April 6, 2011, the FKSPCA maintained their bid of $133,000 for
Big Pine Animal Control, and SHARK reduced their bid for Marathon Animal Control by $20,000 (from
$222,744.34 to $202,744.34). SHARK also stated they could reduce their original bid by $6,350 (from
$238,906 to $232,556), to operate the Marathon Animal Shelter and service area, and the Big Pine service
area, without the shelter building on Big Pine.
PREVIOUS RELEVANT BOCC ACTION: On September 8, 2010, the BOCC approved staff
recommendation to re -bid Big Pine and Marathon animal control services
CONTRACT/AGREEMENT CHANGES: New contract to operate Marathon Animal
Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70 from
5/1/2011 to 6/30/2015, at $232,556 per year ($30,911 less than amount paid to previous
contractor and current temporary contractor). Additional cost of approximately $5,000/yr.
to maintain the Big Pine Shelter Building and comply with the Keys Energy lease should it
be determined that the facility is needed. Includes startup funds of $58,139 or 3/121h of
total annual contract to mobilize operations; contractor must provide evidence of payment
and notarized certification with supporting documentation before further allocation of funds
will be made.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $237,556 INDIRECT COST: n/a BUDGETED: Yes x No _
$232,566/yr. for contract and approx. Acct. 001-21000-530340
$5,000/yr, for ongoing maintenance
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: Same SOURCE OF FUNDS: ad valorem
REVENUE GENERATED: Yes No x
APPROVED BY: Co. Atty. : x OMB/Purchasing: Risk Management
DOCUMENTATION: INCLUDED: x NOT REQUIRED: _
DISPOSITION: AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contrac SAFE HARBOR ANIMAL RESCUE OF THE Contract #
KEYS, INC. (SHARK) Effective Date: 05/01/2010
Contract Purpose/Description: Operatio.
Contract Manager: Beth Leto
(Name)
for BOCC mieeting on April 20, 2011
Expiration Date: 06/30/2015
Pine and Marathon Animal Control
4560 Public Works - #1
(Ext.) (Department/Stop #}
Agenda Deadline: April 5, 2011
CONTRACT COSTS
Total Dollar Value of Contract: $232,556 Current Year Portion: $96,898.33
Budgeted? Yes ® No ❑ Account Codes: 001-21000-530340
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: Approx. $5.000/yr. For: Flood/Windstorm coverage (approx.
for upkeep of Big Pine Shelter Buildingand nd to $2,500/yr.), utilities (approx. $1,500/yr.), and
comply with Keys Energy Lease maintenance ($1,000/yr.)
(Not included in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc.
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Yes[-] No❑
Yes❑ No❑
Yes❑ No❑
Yes❑ No❑
CONTRACT
(Operation of Marathon Animal Control Shelter & service area MM16.7 through 70)
THIS CONTRACT, entered this 20th day of April, 2011, by and between the Board of County
Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and Safe Harbor
Animal Rescue of the Keys, Inc., a Florida not -for -profit corporation ("SHARK ') (hereafter
"Contractor").
WHEREAS, County has certain responsibilities under State and County laws to provide animal
control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to
the County that a contract with a private provider of such services, NOW THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on May 1, 2011 and end at 12:00 midnight on June 30, 2015.
The term of this agreement shall be renewable in accordance with Section V.
II. AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Two
hundred and thirty-two thousand five hundred and fifty-six DOLLARS ($232,556) per year.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
III. PAYMENT:
The County_ recognizes that the Contractor will incur cost to start up animal control operations
and that the Contractor is in need of funds to mobilize operations. The County allees to provide
58 139.00) or 3/12'h of the total amount of compensation as an "advance sum" The "advance
sum" shall be credited against the total reimbursement amount. The Contractor must provide
evidence of payment in the form of a letter with a notarized certification statement (See
Attachment B) summarizing the expenses paid with supporting documentation attached, before
further allocation of funds will be made. The County will review all expenditures to ensure that
the "advance sum" has been used solely for services rendered pursuant to this agreement and
incompliance with requirements as set for in Attachment B.
Payment after the initial "advance sum" will be made periodically, on a reimbursement basis, as
hereinafter set forth. Reimbursement requests will be submitted to the Public Works
Department. Beaf A *e Clerk's Fina ee ^ffi^^ The County shall only reimburse, subject to
the funded amounts below, those reimbursable expenses which are reviewed and approved as
complying with Monroe County Code of Ordinances, State laws and regulations and
Attachment A - Expense Reimbursement Requirements. Evidence of payment by the
Contractor shall be in the form of a letter, summarizing the expenses, with supporting
documentation attached. The letter should contain a notarized certification statement. An
example of a reimbursement request cover letter is included as Attachment B. The Contractor's
final invoice must be received within thirty days after the termination date of this contract as
shown in Article I above.
After the Clerk of the Board examines and approves the request for reimbursement, the Board
shall reimburse the Contractor. However, the total of said reimbursement expense payments in
the aggregate sum shall not exceed the annual total amount shown in Article 11 of this agreement.
The Contractor must furnish to the County the following (prior to the payment of any invoices,
items (a) through (h) must be provided):
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of, for each board member please indicate
when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS :Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board
and membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all
staff. drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(g) Cooperation with County monitoring visits that the County may request during the contract
year; and
(h) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
IV. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
Ke leri K and provide complete animal control and enforcement services from
Mile Marker 16.7 (the Harris Channel Bridge) to Mile Marker 70, including the cities
of Marathon, Key CoColonv Beach and Layton 40 (south end of the 7 We Bridge)
AND/OR to operate the Marathon Animal Shelter located at 10550 Aviation
Boulevard, Marathon, Florida,
,
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 Public
Works or 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 F.A.C. 1013-3.091, 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 the Contractor shall have a constant supply
of fresh water and be fed a diet appropriate for their species, breed, age
and physical condition. Each shelter facility has a perimeter fence to
confine all animals to the facility grounds and to restrict wildlife from
accessing the property; in this regard, Contractor is not to place food or
water outside of the Shelter's fenced area(s) unless it is in an appropriate
cat or raccoon trap.
(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 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 designee.
(d) The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program in
place for flea and tick control. Feline leukemia testing, up to $12.50 per
animal or by agreement with the Contractor, will be funded by the County
in order to determine whether the animal is adoptable. If the animal is
adopted, then the person adopting the animal should pay the expense
incurred for the testing, and the contractor will remit those funds to the
County.
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.
the lease int fan drc Big Pine rccv Aurrrn:l Sucrccr ¢cruouoa ncrc,..o ...�
Exhibit K »
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 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 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 "Gl" unless modified by written
and signed directive from the Director of Public Works or designee.
(c) The contractor shall enforce the provisions of the contract, including, but
not limited to, taking any action necessary to ensure that an adopted
animal is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit "B." 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 to
the County. The license certificates and corresponding tags are numbered and
tracked, and Contractor is responsible for returning copies of each numbered
certificate that is either issued or voided (including tag for all voids) to the
Director of Public Works or designee on a bi-weekly basis.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain
a Policies and Procedures Manual for guidance of all staff. At a minimum, it
shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of
animals.
3. Protocols for responding to calls for animal control services, whether in
the nature of law enforcement, pick-up of dead animals, or other.
4. Protocols for daily maintenance of premises and equipment, including
vehicles.
5. Training Staff
a) prerequisites for certain positions
b) keeping staff current
6. Training provided* shall include:
a) Shelter Policies & Procedures (required of all staff, including
volunteers)
b) Basic Pet Care
c) Veterinary Health Care
d) Animal Behavior
e) Animal Handling
f) Breed Identification & characteristics
g) Obedience Training
h) Behavior Problem Solving
i) Counseling Methods
j) Conflict Management (required of all law enforcement personnel)
k) Grief Counseling
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 ofall
animals prior to release to adopter. Other guidelines shall address, at a
minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing
care, safe environment, veterinary bills for life of the animal.
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 minimum: the Big Pine Animal a Shefte�
shall be open to the publie-f efn , Eastefa Time,
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 9:00 a.m. to 12:00
noon, Eastern Time, on Saturday and Sunday.
Hours of operation may be adjusted only upon mutual written consent of the County and
the; Contractor in the form of a contract amendment approved by both parties.
B. ENFORCEMENT SERVICES: The Contractor will provide complete animal
control and enforcement services within the Service Area described above, including, but
not: limited to:
1. Training of Animal Control Officers: The Contractor shall provide that all animal
control officers complete the mandatory certification program outlined by F.S. 828.27 (40
hours of training curriculum approved by the Florida Animal Control Association); said
training shall be completed on a timely basis after a 90-day probationary period. The
Contractor is to provide the Director of Public Works, or designee, with copies of the
Animal Control Officer Training Program Certificates.
2. Emergency services (24-hours per day/7-days a week) for Priority One calls
which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis; at a minimum,
Contractor shall patrol service area once per week with additional emphasis on areas
inhabited by endangered species.
4. Picking up dogs that are running at -large;
Picking up cats or raccoons captured in cat or raccoon traps; contractor shall
notify the public of the availability of cat and raccoon traps.
6. Non -emergency animal pick up from residential homes during normal operating
hours;
7. Picking up dead animals along County or City rights -of -way and arrange for
proper disposal in accordance with all applicable laws, regulations and
ordinances;
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.
9. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations
(Resolution No. 290-2010 and animal control citation form attached hereto in
Exhibit "G3" ), and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County in court
proceedings when required. Further, upon termination of this agreement, the
Contractor shall complete all cases originated by Contractor including
representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well as the
laws of the State of Florida.
B. FEES. The Contractor shall collect and remit to the County all funds that are
required to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46
and 4-66, and Monroe County Resolution No. 240-2006, as amended by Resolution
Nos. 386-2006 and 599-2006, as same may be amended from time to time; said
Resolutions are attached hereto and marked Exhibit "B." Checks received for these
fees shall be made payable to Monroe County and remitted directly to the County. In
this regard, the Contractor shall issue numbered receipts and keep appropriate records
of all funds received and shall provide to the Director of Public Works or designee on
a bi-weekly basis copies of daily cash reconciliation forms, daily bank deposit
information and original license certificates that are issued or voided. 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 designee, said affidavit
form is attached hereto and marked Exhibit "G2." The Contractor shall only charge
fees as outlined in Monroe County Resolution No. 240-2006, as amended by
Resolution Nos. 386-2006 and 599-2006, as same may be amended from time to
time; said Resolutions are attached hereto and marked Exhibit "B." The Contractor
shall not charge any fees for services at the Shelters unless approved in writing by the
Contractor and the Board of County Commissioners in the form of a contract
amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the county pursuant to Sec. 4-39 Monroe County Code the animal
control contractors may charge animal owners) or potential adopter( for services
including sterilization pursuant to Sec 823 15 Florida Statutes vaccinations
deworming. heartworm testing, feline leukemia & FIV tests and any other services
provided to the public which are not required by the County contract but the amount
charged by the animal control contractors shall not exceed the actual cost of services
rendered.
D. REPORTS. On a bi-weekly basis, Contractor shall provide the Director of Public
Works or designee with copies of all bite reports and citations that are issued. On a monthly
basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit
"G4," as same may be amended from time to time.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or
other natural disaster, the Contractor shall make its best efforts to properly house and care
for all animals. In this regard, the Contractor shall designate at least three (3) employees
who will be able to remain in the County to care during the disaster for the animals which
have not been evacuated and after the disaster for animals not evacuated and any animals
which are at large. The Contractor will supply those employees' names, addresses and
telephone numbers to the County Administrator who may, at his discretion, require the
Contractor to have the listed employees remain in the County during and after a Category 1,
2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal
Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to
provide evacuation of pets of Special Needs Clients and assistance with care of said pets.
See Exhibit
G. NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes
contemplated in the Agreement.
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one
additional five-year period. The contract amount agreed to herein may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for all urban
consumers (('-PI-U) for the most recent 12 months ending in December of each year.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelters; a list of the currently required permits is attached hereto and
marked Exhibit "A." It is the Contractor's responsibility to maintain all permits and licenses,
even those not listed in Exhibit "A" that may be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. Proof of such licenses and approvals shall be submitted to the County
upon request. The Contractor has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered
to be independent contractors in their performance of the work contemplated hereunder. As
such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights
or privileges of County employees. The provider shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be
provided.
VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
IX. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility
accounts will be held in the Contractor's name.
X. VEHICLES:
The County hereby leases to the Contractor County vehicles currently assigned to the
Shelters identified as follows:
1.2004 Ford F 150 Truck (Unit 0910/082) AND/OR
2. 2005 Ford F150 Truck (Unit 0910/1706)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate the 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
"E." The Contractor shall provide an average of four (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 Management's current
annual rates, or utilize private garages and provide receipts to the Director of Fleet Management
or designee to document and verify that the required maintenance has been performed. Nothing
herein shall prevent the County from inspecting the vehicles at any reasonable time. Contractor
is not permitted to take a County vehicle out of Monroe County unless prior written approval is
received from the Director of Public Works or designee. If the contractor acquires or uses any
other vehicle(s) in performing/providing services under this agreement, the contractor shall
include and list those vehicle(s) under this agreement with the VIN (vehicle identification
number) and the contractor must adhere to all insurance coverage requirements under this
contract.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County.. The Contractor shall maintain a list of capital assets and the Contractor shall provide
said list tc the Public Works Department as amended when additional capital assets are
acquired. Property acquired will be inventoried pursuant of Chapter 274 Florida Statutes
XI. HOLD HARMLESSANSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners and the County Court of Monroe County from any and all claims for
bodily injury (including death), personal injury, and property damage (including property owned
by Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the Contractor or any
of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated on the forms identified as
ANIMAL E&O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR ANIMAL CONTROL CONTRACT, WC 1, and ALL RISK PROPERTY INSURANCE
REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C,"
and all other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
XII. DONATIONS AND GRANTS:
The Contractor shall issue numbered receipts, keep appropriate records, and account separately
for all donations and grants received by Contractor:
(a) At arty Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of County
Said donations and grants shall be used by Contractor only for the benefit of shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County. 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 are in fact
donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County.
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.
XIII. 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.
XIV. 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.
XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the
County and the district for which he shall provide services and has made investigations to fully
satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full
responsibility therefor. The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Contract be more strongly construed
against the Owner than against the Contractor.
XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelters, including kennel areas, cages, and euthanasia room(s) and all
equipment in a clean, safe and sanitary manner.
b) 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 any
repairs, the Director of Public Works or designee must be notified, in writing, of the proposed
repairs and estimated cost. If such repairs are approved by the Director of Public Works or
designee, the Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said
repairs. The Contractor will accept the facilities and equipment in "as is" condition. All
operating supplies and any additional equipment such as catch-all sticks, cages and the like shall
be the responsibility of the Contractor.
c) Contractor shall have the right during the term of the contract to construct, re -construct, re-
model, paint, decorate and re -decorate the Shelter; provided however, that all such
improvements to the Shelter by Contractor shall conform to all applicable building codes,
regulations, permits and prior written approval from the Director of Public Works or designee is
obtained; written approval by the Director of Public Works or designee shall not be
unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the
termination of the contract shall become the property of the County. If at the expiration or
termination of the contract the Contractor wishes to leave the improvements or personal
property at the Shelter, Contractor shall obtain written approval from the County. The County
has the sole right to reject the leaving of such personal property and improvements and require
the Contractor to remove them from the Shelter. If Contractor fails to remove personal property
or improvements that a) Contractor leaves on site and b) the County requests removal, the
County shall have the sole right to remove Contractor's personal property and improvements
from the Shelter. Contractor shall be responsible to reimburse the County for all costs and
expenses associated with the removal and disposal of Contractor's personal property and
improvements.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract, those assets will become the property of Monroe County, unless otherwise agreed to in
writing by the County.
XVII. FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising or for selling merchandise or
services unless requested in writing and approved in writing by the County Administrator.
Requests for events shall be requested by the Contractor in writing and approved by the County
Administrator in writing.
Imo;
The Contractor shall collect on behalf of the County the fines
€men -as listed in Monroe County Code Section 4-39, 4-45, 4-46 and 4-66, and the fees listed in
the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from time to time.
Said fines ;and fees shall be remitted to the County as set forth in Sec. 4-39 of Monroe County
Code.
Contractor shall account separately for all donations and funds received:
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of Monroe County.
Funds raised by the Contractor from fundraising events in Monroe County and donations
received at Monroe County Animal Shelters shall only be used to benefit the shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County.
XVIII. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism:; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable .and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for five (5) years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared
by an independent Certified Public Accountant; said audit shall conform to generally accepted
auditing standards and shall be submitted to the County within one hundred twenty (120) days
following the close of the Contractor's fiscal year. If this agreement if terminated early, the
County has a right to demand an accounting of all funds held by the Contractor.
The Contractor shall also allow the County to inspect the shelter property, facilities or vehicles at
any reasonable time.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given,
bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned
to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee
will be retained by the Contractor in order to purchase replacement traps. At the end of this
agreement, the Contractor will return the same number of cat/raccoon traps to the County as the
County had provided at the beginning of this agreement. Nothing herein shall preclude
Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify
the public of the availability of cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and specifications covering the services. County may immediately terminate the
Agreement: due to any violations by Contractor of criminal statutes governing humane and cruel
treatment of animals. Any other Contractor breach of this agreement shall be governed by the
article below 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 WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
within fifteen (15) days after the County provides the Contractor with written notice of said
default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the
custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the 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 agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to 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 conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all contracts with
Monroe County.
MIN . ►al 19_ARW11 a�_ ' •
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 and Dent Pierce, Director and
1100 Simonton Street Monroe County Public Works
408
Key West, FL 33040
33041-1026
FOR CONTRACTOR:
SHARK
10803 6d Ave. Gulf
Marathon, FL 33050
XXXI. TAXES:
1100 Simonton St., Rm. 2-231
Key West, FL 33040
County Attorney
1111 12t` St., Suite
PO Box 1026
Key West, FL
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
Utz
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
(SEAL)
Attest:
By: _
Title:
By: _
Title:
WITNESS
WITNESS
CONTRACTOR
Title:
CONTRACT
(Operation of Marathon Animal Control Shelter & service area MM16.7 through 70)
THIS CONTRACT, entered this 20th day of April, 2011, by and between the Board of County
Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and Safe Harbor
Animal Rescue of the Keys, Inc., a Florida not -for -profit corporation ("SHARK") (hereafter
"Contractor").
WHEREAS, County has certain responsibilities under State and County laws to provide animal
control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to
the County that a contract with a private provider of such services, NOW THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be effective on May 1, 2011 and end at 12:00 midnight on June 30, 2015.
The term of" this agreement shall be renewable in accordance with Section V.
II. AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS.
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor the sum of Two
hundred and thirty-two thousand five hundred and fifty-six DOLLARS ($232,556) per year.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
III. PAYMENT:
The County recognizes that the Contractor will incur cost to start up animal control operations
and that the Contractor is in need of funds to mobilize operations. The County agrees to provide
($58,139.00') or 3/12'" of the total amount of compensation as an "advance sum". The "advance
sum" shall be credited against the total reimbursement amount. The Contractor must provide
evidence of payment in the form of a letter with a notarized certification statement (See
Attachment B) summarizing the expenses paid, with supporting documentation attached, before
further allocation of funds will be made. The County will review all expenditures to ensure that
the "advance sum" has been used solely for services rendered pursuant to this agreement and
incompliance with requirements as set for in Attachment B.
Payment after the initial "advance sum" will be made periodically, on a reimbursement basis, as
hereinafter set forth. Reimbursement requests will be submitted to the Public Works
Department. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County
Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the Contractor shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is
included as, Attachment B. The Contractor's final invoice must be received within thirty days
after the termination date of this contract as shown in Article I above.
After the Clerk of the Board examines and approves the request for reimbursement, the Board
shall reimburse the Contractor. However, the total of said reimbursement expense payments in
the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement.
The Contractor must furnish to the County the following (prior to the payment of any invoices,
items (a) through (h) must be provided):
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of, for each board member please indicate
when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board
and membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(g) Cooperation with County monitoring visits that the County may request during the contract
year; and
(h) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
IV. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
operate the Marathon Animal Shelter located at 10550 Aviation Boulevard, and provide
complete animal control and enforcement services from Mile Marker 16.7 (the Harris
Channel Bridge) to Mile Marker 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 Public
Works or 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 F.A.C. 1013-3.091, Procedures for Control of
Specific Communicable Diseases and Chapter 64B 16-29, Animal Control Shelter
Pen -nits.
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 the Contractor shall have a constant supply
of fresh water and be fed a diet appropriate for their species, breed, age
and physical condition. Each shelter facility has a perimeter fence to
confine all animals to the facility grounds and to restrict wildlife from
accessing the property; in this regard, Contractor is not to place food or
water outside of the Shelter's fenced area(s) unless it is in an appropriate
cat or raccoon trap.
(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 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 designee.
(d) The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program in
place for flea and tick control. Feline leukemia testing, up to $12.50 per
animal or by agreement with the Contractor, will be funded by the County
in order to determine whether the animal is adoptable. If the animal is
adopted, then the person adopting the animal should pay the expense
incurred for the testing, and the contractor will remit those funds to the
County.
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. Ge. tfac4i.ei shall be aware the lease agreement for- the Big Pine Key Aftima4 Shelter- at4aehed hefete a
Exhibit"F" and mfea �
a vaavvu airiv[ir,-
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 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 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 "Gl" unless modified by written
and signed directive from the Director of Public Works or designee.
(c) The contractor shall enforce the provisions of the contract, including, but
not limited to, taking any action necessary to ensure that an adopted
animal is spayed or neutered and licensed prior to releasing the animal or
transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license
certificates and corresponding tags for dogs, cats and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit "B." 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 to
the County. The license certificates and corresponding tags are numbered and
tracked, and Contractor is responsible for returning copies of each numbered
certificate that is either issued or voided (including tag for all voids) to the
Director of Public Works or designee on a bi-weekly basis.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall maintain
a Policies and Procedures Manual for guidance of all staff. At a minimum, it
shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of
animals.
3. Protocols for responding to calls for animal control services, whether in
the nature of law enforcement, pick-up of dead animals, or other.
4. Protocols for daily maintenance of premises and equipment, including
vehicles.
5. Training Staff
a) prerequisites for certain positions
b) keeping staff current
6. Training provided* shall include:
a) Shelter Policies & Procedures (required of all staff, including
volunteers)
b) Basic Pet Care
c) Veterinary Health Care
d) Animal Behavior
e) Animal Handling
f) Breed Identification & characteristics
g) Obedience Training
h) Behavior Problem Solving
i) Counseling Methods
j) Conflict Management (required of all law enforcement personnel)
k) Grief Counseling
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 minimum: 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 9:00 a.m. to 12:00 noon, Eastern Time, on Saturday and Sunday.
Hours of operation may be adjusted only upon mutual written consent of the County and
the Contractor in the form of a contract amendment approved by both parties.
B. ENFORCEMENT SERVICES: The Contractor will provide complete animal
control and enforcement services within the Service Area described above, including, but
not limited to:
1. Training of Animal Control Officers: The Contractor shall provide that all animal
control officers complete the mandatory certification program outlined by F.S. 828.27 (40
hours of training curriculum approved by the Florida Animal Control Association); said
trainng shall be completed on a timely basis after a 90-day probationary period. The
Contractor is to provide the Director of Public Works, or designee, with copies of the
Animal Control Officer Training Program Certificates.
2. Emergency services (24-hours per day/7-days a week) for Priority One calls
which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
:3. Patrolling service area on a regular and consistent basis; at a minimum,
Contractor shall patrol service area once per week with additional emphasis on areas
inhabited by endangered species.
4. Picking up dogs that are running at -large;
_`i. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall
notify the public of the availability of cat and raccoon traps.
6. Non -emergency animal pick up from residential homes during normal operating
hours;
7. Picking up dead animals along County or City rights -of -way and arrange for
proper disposal in accordance with all applicable laws, regulations and
ordinances;
8. Disposing of any animals that are euthanized or that expire while in the care,
custody, or control of the Contractor, in accordance with all applicable laws,
regulations and ordinances.
9. Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations
(Resolution No. 290-2010 and animal control citation form attached hereto in
Exhibit "G311), and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County in court
proceedings when required. Further, upon termination of this agreement, the
Contractor shall complete all cases originated by Contractor including
representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well as the
laws of the State of Florida.
B. FEES. The Contractor shall collect and remit to the County all funds that are
required to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46
and 4-66, and Monroe County Resolution No. 240-2006, as amended by Resolution
Nos. 386-2006 and 599-2006, as same may be amended from time to time; said
Resolutions are attached hereto and marked Exhibit "B." Checks received for these
fees shall be made payable to Monroe County and remitted directly to the County. In
this regard, the Contractor shall issue numbered receipts and keep appropriate records
of all funds received and shall provide to the Director of Public Works or designee on
a bi-weekly basis copies of daily cash reconciliation forms, daily bank deposit
:information and original license certificates that are issued or voided. 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 designee, said affidavit
]Form is attached hereto and marked Exhibit "G2." The Contractor shall only charge
]Fees as outlined in Monroe County Resolution No. 240-2006, as amended by
Resolution Nos. 386-2006 and 599-2006, as same may be amended from time to
time; said Resolutions are attached hereto and marked Exhibit "B." The Contractor
shall not charge any fees for services at the Shelters unless approved in writing by the
Contractor and the Board of County Commissioners in the form of a contract
amendment.
In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the county pursuant to Sec. 4-39, Monroe County Code, the animal
control contractors may charge animal owner(s) or potential adopter(s) for services,
including sterilization pursuant to Sec. 823.15,Florida Statutes, vaccinations,
deworming, heartworm testing, feline leukemia & FIV tests, and any other services
provided to the public which are not required by the County contract, but the amount
charged by the animal control contractors shall not exceed the actual cost of services
rendered.
D. REPORTS. On a bi-weekly basis, Contractor shall provide the Director of Public
Works or designee with copies of all bite reports and citations that are issued. On a monthly
basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit
"G4," as same may be amended from time to time.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or
other natural disaster, the Contractor shall make its best efforts to properly house and care
for all animals. In this regard, the Contractor shall designate at least three (3) employees
who will be able to remain in the County to care during the disaster for the animals which
have not been evacuated and after the disaster for animals not evacuated and any animals
which are at large. The Contractor will supply those employees' names, addresses and
telephone numbers to the County Administrator who may, at his discretion, require the
Contractor to have the listed employees remain in the County during and after a Category 1,
2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal
Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to
provide evacuation of pets of Special Needs Clients and assistance with care of said pets.
See Exhibit
G. NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes
contemplated in the Agreement.
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for one
additional five-year period. The contract amount agreed to herein may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI-U) for the most recent 12 months ending in December of each year.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to, operate the Shelters; a list of the currently required permits is attached hereto and
marked Exhibit "A." It is the Contractor's responsibility to maintain all permits and licenses,
even those not listed in Exhibit "A" that may be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in
these contract documents. Proof of such licenses and approvals shall be submitted to the County
upon request. The Contractor has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered
to be independent contractors in their performance of the work contemplated hereunder. As
such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights
or privileges of County employees. The provider shall at all times exercise independent,
professional. judgment and shall assume professional responsibility for the services to be
provided.
VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
IX. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility
accounts will be held in the Contractor's name.
X. VEHICLES:
The County hereby leases to the Contractor County vehicles currently assigned to the
Shelters identified as follows:
L 2004 Ford F150 Truck (Unit 0910/082) AND/OR
2. 2005 Ford F150 Truck (Unit 0910/1706)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate the 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
"E." The Contractor shall provide an average of four (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 Management's current
annual rates, or utilize private garages and provide receipts to the Director of Fleet Management
or designee to document and verify that the required maintenance has been performed. Nothing
herein shall prevent the County from inspecting the vehicles at any reasonable time. Contractor
is not permitted to take a County vehicle out of Monroe County unless prior written approval is
received from the Director of Public Works or designee. If the contractor acquires or uses any
other vehicle(s) in performing/providing services under this agreement, the contractor shall
include and list those vehicle(s) under this agreement with the VIN (vehicle identification
number) and the contractor must adhere to all insurance coverage requirements under this
contract.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County. The Contractor shall maintain a list of capital assets and the Contractor shall provide
said list to the Public Works Department, as amended, when additional capital assets are
acquired. Property acquired will be inventoried pursuant of Chapter 274, Florida Statutes.
XI. HOLD HARMLESSANSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners and the County Court of Monroe County from any and all claims for
bodily injury (including death), personal injury, and property damage (including property owned
by Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the Contractor or any
of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of
omission of' the Contractor or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated on the forms identified as
ANIMAL I;&O, ED2, GLAnimals, VEHICLE LIABILITY INSURANCE REQUIREMENTS
FOR ANIMAL CONTROL CONTRACT, WC1, and ALL RISK PROPERTY INSURANCE
REQUIREMENTS FOR ANIMAL CONTROL SHELTERS as shown in attached Exhibit "C,"
and all other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
XII. DONATIONS AND GRANTS:
The Contractor shall issue numbered receipts, keep appropriate records, and account separately
for all donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of County
Said donations and grants shall be used by Contractor only for the benefit of shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organization's operational mission within Monroe County. 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 are in fact
donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County.
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.
XIII. 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.
XIV. 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.
XV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by the
County and the district for which he shall provide services and has made investigations to fully
satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full
responsibility therefor. The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work to be done.
Under no circumstances, conditions, or situations shall this Contract be more strongly construed
against the Owner than against the Contractor.
XVI. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelters, including kennel areas, cages, and euthanasia room(s) and all
equipment in a clean, safe and sanitary manner.
b) 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 any
repairs, the Director of Public Works or designee must be notified, in writing, of the proposed
repairs and estimated cost. If such repairs are approved by the Director of Public Works or
designee, the Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said
repairs. The Contractor will accept the facilities and equipment in "as is" condition. All
operating supplies and any additional equipment such as catch-all sticks, cages and the like shall
be the responsibility of the Contractor.
c) Contractor shall have the right during the term of the contract to construct, re -construct, re-
model, paint, decorate and re -decorate the Shelter; provided however, that all such
improvements to the Shelter by Contractor shall conform to all applicable building codes,
regulations, permits and prior written approval from the Director of Public Works or designee is
obtained; written approval by the Director of Public Works or designee shall not be
unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the
termination of the contract shall become the property of the County. If at the expiration or
termination of the contract the Contractor wishes to leave the improvements or personal
property at the Shelter, Contractor shall obtain written approval from the County. The County
has the so',le right to reject the leaving of such personal property and improvements and require
the Contractor to remove them from the Shelter. If Contractor fails to remove personal property
or improvements that a) Contractor leaves on site and b) the County requests removal, the
County shall have the sole right to remove Contractor's personal property and improvements
from the Shelter. Contractor shall be responsible to reimburse the County for all costs and
expenses associated with the removal and disposal of Contractor's personal property and
improvements.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract, those assets will become the property of Monroe County, unless otherwise agreed to in
writing by the County.
XVIL FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising or for selling merchandise or
services unless requested in writing and approved in writing by the County Administrator.
Requests for events shall be requested by the Contractor in writing and approved by the County
Administrator in writing.
The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code
Section 4-39, 4-45, 4-46 and 4-66, and the fees listed in the Fee Resolutions attached hereto as
Exhibit "B," as same may be amended from time to time. Said fines and fees shall be remitted to
the County as set forth in Sec. 4-39 of Monroe County Code.
Contractor shall account separately for all donations and funds received:
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that
the funds may be used out of Monroe County.
Funds raised by the Contractor from fundraising events in Monroe County and donations
received at Monroe County Animal Shelters shall only be used to benefit the shelter animals in
Monroe County or other services not mandated by the contract and may only be applied to the
organiization's operational mission within Monroe County.
The Contractor shall also allow the County to inspect the shelter property, facilities or vehicles at
any reasonable time.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions :providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be given,
bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the
public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned
to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee
will be retained by the Contractor in order to purchase replacement traps. At the end of this
agreement, the Contractor will return the same number of cat/raccoon traps to the County as the
County had provided at the beginning of this agreement. Nothing herein shall preclude
Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify
the public of the availability of cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and specifications covering the services. County may immediately terminate the
Agreement due to any violations by Contractor of criminal statutes governing humane and cruel
treatment of animals. Any other Contractor breach of this agreement shall be governed by the
article below 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 WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
within fifteen (15) days after the County provides the Contractor with written notice of said
default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the
custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the 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 agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to 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 conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all contracts with
Monroe County.
XXIX. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
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 parry by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator and Dent Pierce, Director and County Attorney
1100 Simonton Street Monroe County Public Works 1111 12t` St., Suite
408
Key West, FL 33040 1100 Simonton St., Rm. 2-231 PO Box 1026
Key West, FL 33040 Key West, FL
33041-1026
FOR CONTRACTOR:
SHARK
10803 Et" Ave. Gulf
Marathon, FL 33050
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for
materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
the County's Tax Exemption Number in securing such materials. The Contractor shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
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).
HIV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies
and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate
charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a
list of its Board of Directors.
XXXV. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in
writing and be executed in the same manner as this agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
M-
(SEAL)
Attest:
By: _
Title:
By: _
Title:
Deputy Clerk
WITNESS
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
CONTRACTOR
Title:
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community -
Based Organizations, county travelers, and contractual parties who have reimbursable
expenses associated with Monroe County business. These guidelines, as they relate to
travel, are from the Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable
expense request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and
that the attached expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners and will not be submitted
for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting
a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: pay period, check amount, check number, date, payee, support for applicable
payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, ,Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel reimbursement requests must be submitted and will be paid in
accordance with Monroe County Code of Ordinances and State laws and regulations. Credit
card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER
DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An
odometer reading must be included on the state travel voucher for vicinity travel. Mileage
is not allowed from a residence or office to a point of departure. For example, driving from
one's home Ito the airport for a business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines
state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and
end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for
dinner reirribursement.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient
check charges, penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check #
Payee Reason
Amount
101
Company A Rent
$ X,XXX.XX
102
Company B Utilities
XXX.XX
104
Employee A P/R ending 05/14/01
XXX.XX
105
Employee B P/R ending 05/28/01
XXX.XX
(A)
Total
$ X.XXX.XX
(B)
Total prior payments
$ X,XXX.XX
(C)
Total requested and paid (A + B)
$ X,XXX.XX
(D)
Total contract amount
$ X,XXX.XX
Balance of contract (D-C)
$ X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200
by who is personally known to me.
Notary Public
Notary Stamp
EXHIBIT "A"
CURRENTLY REQUIRED PERMITS FOR ANIMAL CONTROL SHELTERS
Permit Aaencv Address
Monroe County
Monroe County Tax
Harvey Government Center
Occupational License
Collector
1200 Truman Avenue
Ke West, FL 33040
Board of Pharmacy
Florida Department of
2020 Capital Circle S. E.
License:
Business and
Tallahassee, FL 32399
Professional Regulation
Controlled Substance
United States
Drug Enforcement
Registration
Department of Justice
Administration
Certificate
Washington, D. C. 20537
Permit for vehicles
Florida Department of
Department of Agriculture and
used to transport
Agriculture &
Consumer Services
animal carcasses
Consumer Services
Division of Animal Industry
Mayo Building, Room 332
Tallahassee, FL 32399-0800
Wildlife permit*
Florida Game &
620 South Meridian St.
Freshwater Fish
Tallahassee, FL 32399
Commission
Biomedical Waste
Florida Department of
1100 Simonton St.
Permit
Health
Key West, FL 33040
*According to FWC's website: "The FWC has discontinued its Nuisance Wildlife
Trapping Permit." However, all bidders are advised to familiarize themselves with FWC's
rules and regulations regarding nuisance wildlife.
http://www.myfwc.com/License/Permits—NuisWild.htm
EXHIBIT `B"
PAGE 1 OF 4
RESOLUTION NO 599- 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING RESOLU77ON NO. 386-2006 TO PROVIDE A
THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT
SPAYED/NEUTERED.
WHEREAS, Resolution 386-2006 was passed by the Board of County Commissioners on September
and 20,
2006 providing for one-year and three-year County licenses, fees for dogs, cats and ferrets and replacement license;
WHEREAS, a scrivenees error resulted in the omission of the 3-year County license fee for cats that are "not
spayeWneutered and 6 months of age or older", 2.E. (2)(b); and
WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the
three-year vaccine for their pets to make the alternative three-year license also desirable;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, that:
I. Section 2.E. of Resolution No. 386-2006 is hereby amended to read:
2.
E. County License:
(1) Dogs: ONE YEAR THREE YEAR
(1
(a) Animal is spayed/neutered or under 6months of age $10 $20
(2) Cats: (b) Animal is not spayed/neutered and 6 months of age or older $35 $7S
(a) Animal is spayed/neutered or under 6months of age $10 $20
(b) Animal is not spayed/neutered and 6 months of age or older $35
(3) Ferrets:
$6 $10
(4) Replacement (per replacement, regardless of years covered) $ 2
(5) Dogs and cats with microchips or other means of permanent identification and with regi n to the gamy or
a national identification service current to the owner, shall receive a $5 discount from the annuaz cem fey er
PASSED AND ADOPTED by the Board of County Commissioners of Monroe a_? F 4 "
meeting of the Board held on the 15th day of November, 2006. ���'�' aLa
Mayor McCoy yes _, . :_
Mayor Spehar yes n
Commissioner Neugent Yes =`r ?
+y rr CJ1 a
Commissioner Murphy yes
Commissioner DiGennaro Yes
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
Deputy Clerk y�
P tY � MONROE COUNTY ATTORNEY Mayor/Chairman
AP VED AS TO
,__ZANNE A. RUTTON
COUNTY
a A�TOANf�Y
Date __
EXHIBIT "B"
PAGE 2 OF 4
A RESOLUTION OF THE BOARD OF COUNTY COM WMIONFM OF 1HONROE
COUNTY, FLORA, AMMING RESOLU1710" NO. 249.2006 TO PROVIDE A
TIII MYEAR ALTERNATIVE IN THE DOG, CAT & FERRET LICENSE FEES.
CwatY Casnm»onecs (BOCC) to revise
WHEREAS, Rasolution No. 240_2006 was passed by the Board of
the fees to be Charged fiff venders annimal control services ;and
WHEREAS, Resolution No. 240-2006 elimma ed the ai0errlative tbrexryear boomavai�le in canjucetioa
with the: three-year iabiea vaccine which are administered 10 some pets; and
WHEREAS, the animal control cormsactors report that tbcw are a suf cue number of people sdcdmg tba
t}tree-year vaccine for their pets to make the alternative duce -year incense also desirable;
NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COI4MSSIONERS OF MONROE
COUNTY, that:
1. Section Z.E. of ResoWOn No. 240-2006 is be mby amended to read:
2. ONE TiiMM YEAR
E. County License:
(1) Dogs. or under6mondtsofage $10 $20
(a) Animal is not q Wedh �ed � 6 months of age or older $35 S7$
(b) Animal is not spayedineru
(2) Cats: 6months of AV $10 $20
(a) Animal is not spayeutereddhicat or amid m xdM of ap or older $35
(b) Animal is not s�payed/nou�ed
(3) Ferrets: $6 S10
(4) Rq)1acemeut (per replacement, regardless of years Covered) $2
(5) Dogs and cats with nmmxbws or other means of permanent identification and with registration to the County or
a national identification service aaurat to the owner shall receive a $5 &SCOWS firm the amn" l own fee.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Fbrx* at a mewing
of the Board held on the 20th day of September, 2006.
Mayor McCoy
Mayor Spehar
MONROE COUNTY ATTORNEY
YM
APPROVED
cB�A T RM:
YM
` NATILEENE W. CASSItYes
COUNTY ATTOpEf.
-tI
Abom
YSI
ASSISTANT
Date M.,*
BOARD OF COUNTY C0149E
OF MONBOE UNTY,Cl)
T.
(7
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By;
Mayor/C �!i
EXHIBIT "B"
PAGE 3 OF 4
Companion to Alternate Version
RESOLD MN NO. 240 -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, REPEALING AND REPLACING
RESOLUTION Na 261 2W TO PROVIDE CHANGES TO DOG, CAT &
FERRET LICENSE FEES.
WHEREAS, Resolution Na 261-2005 was passed by the Board of County Commissioners (BOCC)
to require the issuance of a dog license to correspond with the length of effectiveness of the rabies
vaccination actually administered; and
WHEREAS, the BOCC has passed Ordinance No. 006-2006 requiring licensure of dogs, cats and
ferrets; and
WHEREAS, the BOCC has determined that it is in the best interests of the public to change
Chapter 3 of the Monroe County Code to also require licensure of ferrets and to change the age at which
licenses are required to conform licensure to the Slate rabies vaccination laws; and
WHEREAS, the BOCC has determined that there is no public concern about the het previously
found by the BOCC that calls for pick up of un-neutered and unsprayed dogs at large exceed such calls for
dogs who have been neutered or spayed; and
WHEREAS, it is desired to reduce the angst of pet owners who do not beep their pets *om roaming
at large;
NOW, THEREFORE, BE TT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
I . RewhWon No. 261-2005 is hereby repealed.
2. Fuses shall be collected for the following services as specified:
SERVICE FEE
(1) F" Time $ 25
(2) Second Time $ 50
(3) Third and each additional time within a 12-month period $100
'The above pick-up fees shall be doubled if the animal picked up was not vaccinated for rabies.
(4) [haltered animal at A3rp f ws/exearption lien. If an unaltered animal comes into the
shelter, either by being picked up or brought in, there will be an additional $100 fine for the fact
that it is unaltered and that fine will be waived if owner or assigned c wtftka agrees to altar the
animal prior to having the shelter.
B•BuKdju (pE1' ) $10
C. Adoption $10
D. Dj$10
Revise Res. 261-2003 1
(Cosnpse -ta- ()nd Amad 006.2006 Alternate version App 6 2106)
EXHIBIT "B"
PAGE 4 OF 4
E. Cam License: PAR
YEAR_`
(1) Dogs:
(a) Animal is spayed/neutered or under 6months of age
$t0
(b) Animal is not spayed/neutered and 6 months of age or older
$35
(2) Cats:
(a) Animal is spayed/neutered or under 6months of age
$t0
(b) Animal is not spayed/neutered and 6 months of age or older
$35
(3) Ferrets:
$6
(4) Replacement
$ 2
(5) Dogs and cats with microchips or other means of permanent identification and with registration
to the County or a national identification service current to the owner, shall receive a S5
discount fmm the annual license fee.
" Licenses are to be issued on an annual basis. However, any three-year license previously issued
in conformity to a three-year rabies vaccine and pursuant to Resolution 261-2005 shall remain in
effect until its natural expiration date.
F. lbag o JLog Certificate Qf R* tration
(1) Fire year $100
(2) Annual Renewal S 50
G. 1.i�C Reg ration (per litter) $ 50
Litter registration is required before birth. The owner of a pregnant animal shall be assessed a litter
The of $50 for each litter. If the litter is not registered, there will be 5100 fine fox first ofliens% $250
fine for second offense, $500 fine on third offense. At the first offense, the fine of $100 will be
waived if owner/caretaker agrees to alter the litter and breeding mother.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, nda, at a
meeting ofthe Board held on the 2lstday of June , 2006. 3 0 -n
11
Mayor McCoy
Yea
Mayor Spehar
Yes
Commissioner Neugent
Yes
�
Commissioner Patton
Tea
�tnr
�r
7C
A
C:esnilfasioner Rice
Yes
�";
0
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p
p
\
BOARD OF CO COMIMSIONERS
(sue)
OF MONROE CO
, FLOMA
Attest- DANNY L. KOLHAGE, Clerk
�7
Depdfy BY�.�i
Clark
By:
Mayor/C
MONpoe COUNTYAPP
Revise Res 761 2003
2
ED A
((bmpamao W 01d Amesd 006.20M Ahmmae Va um AM 6 2106)
A. ON
EXHIBIT "C"
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -
staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The Contractor will ensure
that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As
an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the
attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre -
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from the
failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work commenced on the specified date and time, except for the Contractor's failure to
provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may result in
the immediate suspension of all work until the required insurance has been reinstated or replaced.
Delays in the completion of work resulting from the failure of the Contractor to maintain the required
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure
to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate 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.
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal
Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• False Arrest, Detention or Imprisonment
• Malicious Prosecution
• Wrongful Entry and Eviction
• Assault and Battery
• First Aid E&O
• False or Improper Service of Process
• Violation of Property Rights
• Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
ANIMAL E&O
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty
Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of
the Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
ED2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
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; 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.
WORKERS, COMPENSATION
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida, and the company or companies must maintain a minimum rating of A -VI, as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required
to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,
providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate 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.
WC1
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 property governed by this lease/rental
agreement, the; Organization/Individual shall obtain All Risk Property Insurance (to include the perils
of Flood and `Wind) with limits no less than the Replacement Cost Value of the property leased or
rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include,
as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler :Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage 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 ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting
on the advice of the County Attorney, the Board of County Commissioners has granted authorization
to Risk Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured - If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted
for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of
the Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision making authority.
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work::
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management
Date
County Administrator appeal: Approved: Not Approved:
Date:
Board of County Commissioners appeal: Approved: Not Approved:
Meeting Date:
MONROE COUNTY
EMERGENCY MANAGEMENT
PET FRIENDLY SHELTER
OPERATIONS PLAN
Ey-
Pet Friendly Shelter 2/8/2011
I. INTRODUCTION
Purpose
The purpose of this plan is to provide standard operating procedures for operation of
the following Primary Shelters as a pet friendly evacuation shelters.
• Key West High School — #4-124 & 4-125 (Girls & Boys Locker Rooms)
• Sugarloaf School — #3-123 & 1-123 (Boys Locker Room)
• Stanley Switlik School — #611(The Marathon High School, Boys Room)
• Coral Shores High School - # 2-004A, 2-110A, 2-1108 (Boys Locker Room)
Scope
Overall management, coordination, prioritization and identification of services and
assets needed to support humans and domestic animals being housed together in a
shelter during an emergency or disaster.
Acronyms
AEO — Animal Enforcement Officers
EOC — Emergency Operation Center
ESF — Emergency Support Function
MCEM — Monroe County Emergency Management
SM — Shelter Manager
VET — Veterinarian
VT — Veterinarian Technician
KWHS — Key West High School
SLS — Sugarloaf School
SSS — Stanley Switlik School
CSHS — Coral Shores High School
FIU — Florida International University
SOP — Standard Operating Procedure
PFSP — Pet Friendly Shelter Plan
SPCA —Society for the Protection of Cruelty to Animals
PFST — Pet Friendly Shelter Teams
II. POLICIES
Authorities
In performing the functions outlined in this SOP County and Municipal agencies are
governed by the authorities of Public Law 93- 288, as amended, FS§ 252, FS §
768.13 and other rules and regulations governing this agency.
Assignment of Responsibilities:
Primary Agency
Pet Friendly Shelter 2/8/2011 2
MCEM is designated as the lead agency and is responsible for duties under the ESF-
17, as well as the following:
1. Notify, activate and mobilize agencies assigned to the KWHS, SLS, SSS,
CSHS, KLS, and FIU pet shelter
2. Coordinate all support agency actions in supporting the pet shelter
3. Coordinate request for assistance and additional resources with the
appropriate agencies
4. Function as the County's representative and liaison with the Emergency
Operations Center (EOC) for activities and responsibilities carried out by
other support agencies
5. Provide SM and coordinate volunteer staffing for the KWHS, SLS, SSS,
CSHS, and FIU pet shelter
6. Provide emergency supplies for animal care
7. Coordinate the intake and placement of Human/animal occupants of the
KWHS, SLS, SSS, CSHS, and FIU pet shelter
Support Agencies
Support agencies are responsible for the following:
1. Notify, activate and mobilize personnel and equipment when required
2. Designate and assign people for staffing all facilities as required. Provide
representation when requested by the primary agency of this PFSP
3. Coordinate all actions of the support agency with the primary agency when
performing the assigned mission of this PFSP
4. Identify all personnel and resource requirements to perform assigned missions
in excess of the support agencies' capabilities
Monroe County Emergency Management
The Monroe County Office of Emergency Management (MCOEM) is responsible for:
1. Initial notification to the primary agency of this PFSP and the ESF to implement
all or portions of it.
2. Coordinate requests for support from this PFSP and the ESF between other
ESFs represented in the EOC.
3. Continual improvement and refinement of this PFSP and ESF.
Additional Support Agencies
Additional support agencies, as listed at the ESF-17 Station at EOC, shall provide
support and assistance as requested.
Response Requirements
Federal and State assistance to this plan is provided under Public Law 93-288 and
F.S. § Chapter 252. The primary and support agencies of this plan must anticipate
being as self-sufficient as possible during the first 72 hours following an event.
Pet Friendly Shelter 2/8/2011 3
Resource Coordination
This PFSP will provide human/animal assistance through its primary and support
agencies in coordination with other ESFs to support its missions. This PFSP will
allocate available resources to each mission based upon priorities identified by the
EOC. Relative to human/animal shelter matters. If animal assistance resources are
locally unavailable, the ESF will directly request assistance from its corresponding
ESF at the State EOC.
All other ESF's will coordinate with the ESF 17 representatives at EOC when
requesting emergency support or disaster assistance. If a conflict of priorities
develops, this ESF will work directly with the Operations Supervisor to resolve the
conflict.
Recovery Operations
Although this annex addresses recovery activities of the agencies associated with this
ESF, EOC is responsible for coordinating all recovery activities to provide animal
services to the County, as required. Therefore, recovery operations of this ESF will be
initiated commensurate with emergency priorities within the County and based on the
availability of resources.
Operating Facilities
Pet Friendly Shelter Teams:
• Vendors:
Vendors providing animal services to Monroe County will provide staffing
assistance. They will also provide ESF17 staffing support when requested by the
County EOC staff.
• Volunteers:
The PFST will be made up of one AEO and two volunteers identified prior to event.
The rest of the shelter support team will be made up of volunteers from the
individuals sheltering within the facility. The Team will be stationed at the assigned
Primary Staging Area. Duties of the team include:
Have potential volunteers fill out the identification and information form, if they meet
the following criteria:
1. Is a Monroe County resident.
2. Is 18 years old or older and in good physical condition.
3. Picture identification.
4. Ability to write legibly.
5. Ability / knowledge to open designated pet shelter facility upon demand.
6. Maintain list of volunteer names, hours worked, and forward, upon demand,
that information to the Shelter Manager.
Pet Friendly Shelter 2/8/2011 4
Shelter operations including:
1. Logging in animals and owners.
2. Checking the registration log for completed forms.
3. Sorting animals to group kinds/types.
4. Reviewing shelter rules and regulations with evacuees.
5. Verifying vaccination records.
6. Inspection of animal restraint equipment (cages, pens, collars, leashes)
7. Providing support agencies with number of registered animals.
8. Identify all animal medications brought into the shelter and insure they are in a
controlled location.
9. Issue identification tags and wrist bands for people/carriers/cages and animals.
10. Issue cleaning supplies to evacuees as needed and available.
11. Placing protective barrier between cages and the floor of the shelter.
During the month of April the shelter support team shall:
Check supplies in the Shelter Hurricane Kit
1. Order any supplies needed.
2. Prepare intake logs and forms.
3. Walk through all the Shelters, photograph, and note conditions and or
damages.
III. EMERGENCY MANAGEMENT CENTER LEVELS OF ACTIVATION
In the event of an emergency this PFSP will follow the MCEM Levels of
Activation (1-3). The Monroe County Shelter Manager will assess the severity
and the extent of the area impacted by the event and designate appropriate pre -
identified pet sheltering facilities. In the event of a large scale disaster there may
be multiple shelters assigned.
Pet -Friendly Shelter Preparations:
Level 3 — Monitoring
l . Review emergency procedures.
2. Review and update organizational plans.
3. Notify PFST and direct them to prepare vehicles and equipment.
4. Contact support agencies.
5. Identify designated pet friendly shelter facilities.
6. Notify Pet Friendly Shelter Managers and assign duties accordingly.
Level 2 - Partial Activation
Danger is probable within 24 to 36 hours. Staff is briefed and Municipal and County
coordination is established. Emergency Information Hotline is activated.
1. All PFST members are put on stand-by.
2. PFST briefed by the Monroe County Shelter Manager with regards to the
designated pet friendly shelter facilities, and when and where to report.
Pet Friendly Shelter 2/8/2011 5
3. Supply shelters with needed provisions (i.e. dog food, cat food, water, etc.), and
provide access to such supplies to PFST.
4. Notify volunteers to remain on stand-by.
Level 1— Full Activation
Danger is probable within 12 to 24 hours.
l . Shelter will be opened to evacuees and in -processing will begin.
2. Initiate registration of animals.
3. Review rules and regulations with pet owners.
4. Verify vaccination records of incoming animals.
5. Inspection of animal restraint equipment (cages, collars, leashes, etc.)
6. Provide Shelter Manager with number of animal owners and pets.
7. Issue identification tags.
Post
Damage assessment is conducted, noted appropriately, and conveyed to Shelter
Manager.
The PFST will begin to deactivate the shelter by:
1. Verifying the all clear has been given by EOC.
2. Checking registration log as people leave.
3. Prepare area for Public Works to clean and disinfect animal areas of the shelter.
4. Returning moved items to proper place (once area cleansed).
IV DISASTER SUPPLIES/ EQUIPMENT IN -COUNTY PET -FRIENDLY
SHELTERS
_Laptop computer/printer
_First aid kits
_Fire extinguishers
_Pet carriers
Portable radios
_Clipboards
_Blankets
_Catch -poles and nets
_Newspapers
_Standard tool kit for minor repairs
_Bolt cutters
_Nylon rope
_Flashlight with battery supply
_Plastic carcass bags
_Supply of animal information forms
_Ball point pens and felt markers
_ID bands, tags, or collars
_Air filtration masks/bandanas
_Poolper Scoppers
Pet Friendly Shelter 2/8/2011
0
_Nylon leashes
Animal stretcher
_Rubber boots
_Leather gloves
_Waterless hand cleaner,
disposable towelettes, and
paper towels
_Absorbent materials (such
as cat litter)
_Radios with extra batteries
_Manual can openers
Duct tape
_Camera, film, and batteries
Disposal litter pans
_Waste disposal containers,
_Leashes
_Cleaning supplies, bleach,
sanifect, buckets, rubber gloves,
garbage can liners, brooms,
hoses, paper towels, antibacterial soap
_Food, dry dog, dry cat, canned dog, canned cat
Bottled water.
Personal supplies (brought by individual)
_chair/cot
_sleeping bag
_change of clothes
rain gear
_medications
_Water, light food stuffs
_special dietary needs
V. LIST OF AGENCIES
2 each (20 gal)
800 MHz radio w/charger
Chairs/ cots
_Office supplies.
_Log forms, intake cards, ID
tags
A. Primary Agencies (To be contacted only by MCEM):
1. Monroe County Emergency Management Department (305)289-6018
2. Monroe County Fire Rescue (305)289-6088
3. Monroe County Public Works (305)289-4560
4. Monroe County School District (305)293-1400
B. Secondary Agencies:
1.
Florida Keys SPCA
2.
Marathon (Florida Keys SPCA)
3.
Monroe County Sheriff's Office
4.
Florida Fish and Wildlife Commission
5.
University of Florida Extension Services
6.
City of Key West Police Department
7.
Key Colony Beach Police Department
8.
Florida Highway Patrol
Pet Friendly Shelter 2/8/2011 7
(305)294-4857
(305)743-4800
(305)296-2424
(305)289-2320
(305)292-4501
(305)809-1011
(305)743-5380
(305)289-2383
APPENDIX
OF
FORMS
Pet Friendly Shelter 2/8/2011
AGREEMENT
I, (the owner of the pet(s) listed on the registration form)
understand that an emergency exists and that special arrangements have been made to allow my family
and pet(s) to remain together in this shelter facility. I understand and agree to abide by the pet care
rules contained in this agreement and have explained them to any other family member accompanying
my pet(s) and me.
RULES:
I. My pet(s) will remain contained in its approved carrier except at scheduled times. During scheduled
relief times, my pet(s) will be properly confined with leash, harness or muzzle (if necessary).
Scheduled times will be strictly adhered to.
2. 1 agree to properly feed, water, and care for my pet(s) as instructed by the shelter manager. I
understand all medication will be controlled by the shelter manager and administration will be
property documented.
3. 1 agree to properly sanitize the areas used by my pet(s), including proper waste disposal and
disinfecting as instructed by the shelter manager.
4. 1 certify that my pet(s) is current on rabies and all other vaccinations recommended
5. 1 will not permit other shelter occupants to handle or approach my pet(s) either while it is in its
carrier or during exercise times. I will make sure the carrier door Is latched and secures with a wire
or rope tie.
6. 1 will maintain proper identification on my pet(s) and its carrier at all times.
7. 1 will permit my pet(s) to be examined by qualified animal shelter personnel to determine if medical
or stress conditions requiring attention are present. I further agree to the administration of
medication to alleviate any symptoms.
8. 1 acknowledge that my failure to follow these rules may result in the removal of my pet(s) to another
location. I further understand that if my pet(s) becomes unruly, aggressive, shows signs of
contagious disease, is infested by parasites (fleas, ticks, lice, etc.) or begins showing signs of
stress related conditions, it may be removed to a more appropriate location. I understand that any
decision concerning the care and welfare of my pet(s) and the shelter population as a whole are
within the sole discretion of the shelter manager, whose decision 11 final.
9. 1 further understand that any damaged cause by my pet(s) will be my responsibility.
I certify that my pet(s) has no previous history of aggressive behavior and has not been diagnosed
with any contagious disease for which it has not received successful treatment.
I hereby agree and hold harmless all persons, organizations, corporations, or government
agencies involved in the care and sheltering of my animal(s). I further agree to indemnify any
persons or entities which may have suffered any loss or damage as a result of the care and
sheltering of my animal(s).
I acknowledge that the following items were loaned to me to provide proper care of my pet(s)
during the emergency
SIGNED
PRINTED NAME DATE
Pet Friendly Shelter 2/8/2011 9
MONROE COUNTY EMERGENCY MANAGEMENT DEPARTMENT
PET FRIENDLY PUBLIC EVACUATION SHELTER REGISTRATION AND AGREEMENT
FIRST NAMES AGE
(Persons that will stay at shelter)
For Ol l'ical Use Only
Check
In
Date:
Time:
Check
Out
Date:
Time:
Area:
Medications:
ALL ANIMALS ARE REQUIRED TO BE IN CAGES OR CARRIERS. (Please mark
cage/carrier with owners identification)
EMERGENCY CONTACT (NOT IN SHELTER)
(Namal
ARE ANY ANIMALS ON MEDICATION? If so explain and give time normally administered:
Can medication/ supplements be given in regular food rations? _ yes Are there medical problems or behavioral characteristics we should no
know
about?
Pet Friendly Shelter 2/8/2011 10
Monroe County Emergency Management Department INDIVIDUAL VOLUNTEER DAILYSIGN--INLOG
Pet -Friendly Shelter Team
490 63rd Street Suite 150
Marathon, FL 33050 NAME:
The information in the box below is filled out the first time you volunteer. Then, each time you return, enter on the back side of this log your time
in and time out. It is very important that these procedures are followed so that MCOEM can properly acknowledge volunteers for the work they
have done, and to keep our internal records current. If you have any questions about the log, those working in the volunteer sign -in area will be
glad to help you.
DISASTER LOCATION:
ADDRESS
HOME PHONE#
TODAY'S DATE:
STREET
CITY / STATE / ZIP CODE
MESSAGE PHONE #
IF YOU HAVE NOT COMPLETED THE PET FRIENDLY SHELTER RESPONSE TEAM DISASTER PREPAREDNESS WORKSHOP. ❑
NO ❑ YES
IS THIS THE FIRST TIME YOU HAVE VOLUNTEERED WITH MCEMD? ❑ NO ❑ YES
IF YES. WHICH DISASTER(S) HAVE YOU BEEN TO?
CHECK WHICH OF THE FOLLOWING VACCINATIONS YOU ARE UP-TO-DATE ON:
(PLEASE NOTE THAT VOLUNTEERS MUST BE CURRENT ON THEIR TETANUS VACCINATION BEFORE THEY CAN START
WORKING!)
❑ TETANUS (DATE ___) ❑ HEPATITIS A (DATE ) ❑ RABIES PRE -EXPOSURE (DATE
HAVE YOU COMPLETED THE MONROE COUNTY VOLUNTEER APPLICATION FORM? ❑ NO ❑ YES
IF NO, VOLUNTEERS MUST COMPLETE THIS FORM BEFORE THEYCAN START WORKING!
DO YOU HAVE A CURRENT PICTURE I.D.? ❑ NO ❑ YES
IF NO. VOLUNTEERS MUST HAVE ONE BEFORE THEY CAN START WORKING!
VOL APP I ❑ CTy
Pet Friendly Shelter 02/08/2011
♦ ..•� 'r I ITtiete WrErTI ` •�
PERSON
❑ PICT LD f ❑ CERT I ❑ LTR I ❑ TS ❑ WS
11
MCOEM Daily Volunteer Sign in Sheet
N-IN Y ET
► VOLUNTEER'S NAME:
N SUMMARY OF VOLUNTEER HOURS N
► START DATE: _ ► FINAL DATE:
► TOTAL DAYS: ► TOTAL HOURS:
mmmm�
Pet Friendly Shelter 02/08/2011 12
INSTRUCTIONS: ON THE FIRST LINE IN COLUMN "A" FILL IN
THE DATE AND YOUR TIME IN AND TIME OUT, AND THEN
TOTAL YOUR HOURS FOR THAT DAY. CONTINUE TO DO THIS
FOR EACH DAY THAT YOU VOLUNTEER, IF YOU REACH THE
BOTTOM LINE OF COLUMN "A" CALCULATE YOUR SUB-
TOTAL AND THEN CONTINUE KEEPING TRACK OF YOUR TIME
IN COLUMN "B." WHEN YOU ARE DONE VOLUNTEERING
WRITE IN YOUR TOTAL HOURS AND MINUTES AT THE
BOTTOM OF COLUMN'S."
MCOEM VOLUNTEER REGISTRATION
By completing this form, you are registering as a volunteer with Monroe County Emergency Management Department. Completing this form
does not guarantee you will be able to volunteer during this disaster.
DATE LOCATION OF DISASTER
NAME SSN
ADDRESS DRIVERS LIC # / STATE
CITY/ STATE / ZIP CODE ARE YOU LICENSED TO DRIVE ANYTI
THAN A CAR? ❑ NO ❑ YES WHAT?
HOME PHONE WORK PHONE PAGER I CELL
CONTACT RELATIONSHIP
ADDRESS
PHONE __ ELL
DO YOU HAVE HEALTH
INSURANCE? ❑ NO ❑ YES CARRIER
DO YOU HAVE A CURRENT
TETANUS VACCINATION? ❑ NO ❑
YES
ARE YOU ON LONG TERM
MEDICATIONS?
❑ NO ❑ YES IF YES TYPE
DO YOU HAVE ANY MEDICAL
ALLERGIES? ❑ NO ❑ YES IF YES,
it NUI', YOU MUST(
TO ALLOWING YOU
IF YES. DATE OF LASS
DO YOU HAVE ANY 1
THE EVENT OF AN El
ARE YOU ALLERGIC
❑ NO ❑ YES IF YE,'
❑ DOGS ❑ CATS ❑HORSES ❑ DONKEYS
❑ BIRDS ❑ REPTILES -TYPE
,S -TYPE
A DIAL RELATED EXPERIENCE DO YOU HA
A, DISASTER?
Pet Friendly Shelter 02/08/2011 13
POLICY NUMBER
ET ONE. PROOF OF THE VACCINATION WILL BE NEEDED PRIOR
CO VOLUNTEER
T TETANUS VACCINATION?
dEDICAL CONDITIONS THAT HCAS SHOULD BE AWARE OF IN
4ERGENCY? ❑ NO ❑ YES IF YES, EXPLAIN
f0 ANY ANIMALS? FOE
YOU AFRAID OF ANY ANIMALS?
TYPE ❑ YES IF YES, TYPE
❑ CATTLE ❑ SHEEP ❑ GOATS ❑ PIGS
❑ WILDLIFE -TYPE
HAVE YOU EVER HUMANELY TRAPPED ANIMALS? ❑ NO ❑
YES
VE? DOES ANY OF YOUR EXPERIENCE INCLUDE HELPING
ANIMAL RESCUE FORM TO BE DISTRIBUTED TO LAW ENFORCEMENT, UTILITY CREWS, MILITARY
AND OTHER WORKERS IN THE DISASTER AREA, AS WELL AS PET OWNERS EVACUATED FROM THE
AREA. IT SHOULD ALSO BE USED TO RECORD INFORMATION FROM OWNERS CALLING IN A RESCUE
REQUEST. PLEASE FILE A SEPARATE REQUEST FOR EACH ANIMAL.
THE FORM SHOULD BE COMPLETED FOR ALL ANIMALS SIGHTED, EVEN IF DECEASED.
LOCATION OF ANIMAL
DATE TIME AM or PM
DESCRIPTION OF ANIMAL: DOG ❑ CAT ❑ OTHER ❑ MALE ❑
FEMALE ❑ ALTERED ❑
BREED COLOR AGE
DISTINCTIVE MARKINGS (note injuries or special conditions)
NAME OF REQUESTING PARTY AGENCY or OWNER
ADDRESS
STATE
ZIP
*110
PHONE: WORK ( HOME ( OTHER (
TEMP ADDRESS (If Other Than Permanent)
CITY
IF OWNER, IS KEY AVAILABLE? yes ❑ no ❑ LOCATION OF KEY
STATE ZIP
IF NO, IS KEYLESS ENTRY AUTHORIZED? yes ❑ no ❑ SIGNATURE OF OWNER
*"RESCUE TE MUSE ONLY"*
REQUEST RECEIVED: DATE TIME AM or PM
ACTIO14 TAKEN
EMERGENCY MEDICAL TREATMENT PROVIDED TO ANIMAL
TREATMENT GIVEN BY Rescue Team ❑ Veterinarian ❑ NAME
PHONE (
ANIMAL TAKEN TO
MCOEM — DISASTER SERVICES
CITY STATE ZIP PHONE
Pet Friendly Shelter 02/08/2011 14
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EXHIBIT "Gl"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOPTION AGREEMENT
(ORGANIZATION'S NAME)
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and name of
organization), the "Agency" this CdU� day of (month), 20_
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
I. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed
on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption
without further charge only if the animal is certified by a licensed veterinarian to suffer from a
congenital disorder. Any return after that time or for other than a congenital disorder will be
subject to the Agency's Intake Fee. In recognition that Agency is a not -for -profit organization
providing; shelter care for the County shelter, none of the adoption or other related preparatory fees
are refundable.
3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for
damages against Agency and Monroe County, their officers, employees, agents and
representatives which may result from this adoption, including, but not limited to, any veterinary
costs or expenses incurred for the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement: that the animal has been neutered/spayed or shall return the animal to the Agency for
such procedure. Should Agency action become necessary to enforce this provision, Adopter
agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court
adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the
Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances
in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said
animal without first giving Agency the right to take possession and ownership of the animal,
subject only to the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter)
(Signature of Agency Representative)
EXHIBIT "G2"
FORMS REQUIRED TO BE USED BY CONTRACTOR
AFFIDAVIT 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
(date of 1' charge)
to
(date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one) 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 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 , 201_, 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
EXHIBIT 46G3"
FORMS REQUIRED TO BE USED BY CONTRACTOR
RFAOLLTION NO. 290 •2010
A RESOLV ION OF THE BOARD OF COLh W
C0 MMFSSWnS OF MONROE COUNTY,
7WRi1DA, APMWING THE AKWa
COA 11WL CffATION TO BF USED PQRST;AW.
TO SECTION 4,46 OF THR MONROIC C(H)NTY
CO► M
WERUM, pursum t to Mvoioc Coul%y C4& (MCC) Section 4 * upon observing a
violmtion of CbWvr 4 of the MCC, an animal cowrol aupetvisOr ar animal control Officer, Ot
any other law enforcement nffiaec, may issue a citation; and
'WOJE IS, the &HOal control CiWioo used "I be in $ubttentially the tame tta'm as
approved by Board reernl akvc and
WHSRF & the atriaorl conrol citation Amid be approved by tlx: Board of Cuusty
Commiari o" Ibr tho purpose or tneuring esfproement of the Monme County Animal
Ccmttoi Ordinance; and
WHERliM, Section 4.46, MCC sets forth the required idmattkm the shalt be
cnarsined in the citaticm;
NOW T'HLREFORE, BE IT RESOLYTA BY THE BOARD OF COUNTY
CObOdMONERSOFMONROZ COUNTY, FLOMA, TI( r:
1. The BONA or CM01y G4mmitsiaoers of Moos" Coolly n!pv*va an urinal
caudal ckstk n armed berdo Sna, panuffi t to 9w. 446 of dw Macrae
Caantty Code, reguim tint W askaol contral contractors sit citations in
www1waaly tht not torso At •plrt*ved hemk-
PA4SED A"iD ADOPTRD by the Board of County Commissianers of Monroe
County, no+•ida, *a this 15th clay of Seatansber. 2010.
Jw%ylx SyMs Murphy
kbyor Pro Tam luath" Carautheta
Comm6 ion" Kim W;Sington
Carttmittxwur GUMP NVA&MA
Commistionw Marie D1 Ownwo
(SFAL)
Abell: DANNY L. KOT,HAGF,. CLERK.
C.
Deputy C;lcrk
yau
y4L% - . a
Q
Y!y N
-t5
Yw
BOARD OF C MY COM"0[ R5
3
OF MONROE t' 01 WIT, F{AORIDA
b'
By:-4-tio-
I M- eyorlChsiirpereon
AONA0E C X- PIT`/ ATTC'::
,APP W :j A TtQ, FORM:
CHRMTINE N. i �` Hwq;-9hRFI4'fiS
a81;13TAN Oi:#1CVA-T0%N':'Y
Board of County Commissioners, Monroe County, Florida
Animal Control Division
Citation Date:
In the County Court, In and for Monroe County, Florida
Citation No.
Time: A.M./P.M.
In the name of lvlonroe County, Florida: the undersigned certifies that he/she had just and reasonable grounds to believe, and does believe that
First Name Middle Last Name (Name of the Owner/Alleged Violator)
Street Address
State Zip
On the day of , 20 , at A.M. / P.M. at (Location)
Monroe County, Florida, did commit the following offense(s), contrary to laws. Facts constituting probable causetelements of offense:
Animal Deseriptfon: (if available)
Name: Breed: Color: Sex: Spay/Nentered Age: _
❑ ANIMAL AT LARGE, SEC. 4.67(a)
❑ DOG BITE, SEC. 4.75(f)
❑ NO CURRENT RABIES VACCINATION, SEC. 4-64
❑ NO VALID COUNTY LICENSE SEC. 4.65
❑ FAILURE TO PROVIDE ADEQUATE SHELTER, SEC. 4-810)
0ANIMAI.(S) CONFINED IN VENHICLE, SEC. 4.81(s)
❑ FAILURE TO NEUTER DOGS, CATS, RABBITS, SEC. 4.69(a)
❑ OTHER VIOLATION SEC. 4.
Where triable in County C xirt; Lower Keys Division - Monroe County Courthouse Annex, 302FIeming Street, Key West, FL. 33040; or
Middle Keys Division- Marathon Branch Courthouse, 3117 Overseas Highway., Marathon, FL 33050; or
Upper Keys Division- Upper Keys Govemment Center, 88820 Overseas Highway, Plantation Key, Florida 33070
On: (Month) (Day), 20 at A.MJP.M. Judge: Courtroom:_
❑ IT IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE.
❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY WITHT THE INSTRUCTIONS ON YOUR COPY OF THIS
DOCUMENT.
ISSUING OFFICER: DATE:
SIGNATURE
PRINT NAME AND TITLE:
I HEREBY AGREE TO APPEAR AT THE TARE AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S) CHARGED OR, IF THE
OFFENSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A
CIVIL PENALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF
THIS CITATION. I UNDERSTAND THAT, IF 1 DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY
WITHIN TEN AO) DAYS OF DATE OF THIS CITATION (EXCLUDING SATURDAY, SUNDAYS AND HOLIDAYS), I SHALL HAVE BEEN
DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMENT MAYBE ENTERED AGAINST ME UP TO
THE MAXIMLM AMOUNT OF THE CIVIL PENALTY OF S500. IN ADDITION, FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO
SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT, WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF
COURT.
SIGNATURE Ol? OWNER/ALLEGED VIOLATOR DATE
SIGNATURE IS NOTAN ADMISSION OF GUILT
(Note: Front of citation)
EXHIBIT "G4"
FORMS REQUIRED TO BE USED BY CONTRACTOR
MONTHLY STATISTICAL REPORT FORM
, Inc.
ANIMAL SHELTER
DATA FOR MONTH OF:
DOGS CATS
Animals Brought In:
Animals Picked Up:
Animals Adopted:
Animals Redeemed:
Animals Transferred*:
Animals Escaped:
Animals Bom at Shelter:
Animals DOA:
Animals Euthanized**
** number sack, injured, or dangerous
Other Animals I
how many what
Animals on Hand
NOTES:
Service Calls:
Bits Reports: *List how many, type of ani
animal was transferred
Cruelty Cases:
COUNTY FEES COLLECTED
Failure to Spsy/Neuter:
Exemption License-
License:
Pick -Up
Boarding:
Adoption-
Disposal-
Euthanasia
Total County Fees Collected: $ -
REPORTED BY:
Date Reported:
mat and where
Other Fees Collected:
Donations:
Grants:
Fundraisers:
Other: