Item G1bMEETING DATE: -April 20. 2011 DIVISION: Public Works
BULK ITEM: Yee % No
DEPARTMENT: Public Works
STAFF CONTACT PZRSON/MONE NO.: Dent Pierce M-45W
�aa;a�lrllK 11-rft W UIWING: Approval Of 4* amendment to
iKeye sty for Prevention of Cruelty to dement ipor The Florida
the Big Pine Key and Marathon Animal gelters' Inc. (F'KSPCA� do temporarily operate
Mile Marker 70 for one additional month to and provide control services to
May 31, 2011.
ITEM BACKGROUND: Stand Up for Animals provided written notice of contract
termination, and the FKSPCA agreed to operate the middle
Provide animal control services up to mile marker 70 on a to kepe� shelters and
and award of new contract. The to set basis pending re -bid
2011, but additional time is needed to award new agreement
to termmatq on April 30 ,
extend the temporary agreement for one additional month.
The FKSPCA has agreed
..i.iw'A'uN1 Mil: Ac:t'1QN: on May 18, 2006, the Board contract; an April 19, 2006, an amendment was approved allowing approved the htest
its own vehicle when the previously assigned vet damaged H r ica to purchase
September 20, 2006, and re byurri�ne Wilma: on
increases; On 16y 200?, amendments were approved granting CPI
April 21, 2010, the Board renewed the contract through June
September S, 2010, the Board approved amendment to 40, 201& on
r teMWary
operation of the Big Pine and Marathon Anmmb Shelters up to Mile Marker ft on October20, 2010, the Board approved the 2.w amendment extending temporary
Marker 70, and on February approved the 3� 16, 2011, the Board operations to ding
the temporary agreement until April 30, 2011. amendment extending
r.�aMiwJi7u11i'J1V 1- L,/+�iii�V4717: Extends contract for temporary operation of the
Big Pine and Marathon Animal Shelters and animal control services to MM 70 for up
to one additional month to terminate on May 31, 2011.
STAFF RECOMMENDATION: Approval,
TOTAL COST: 554,826.Winonth INDIRECT COST:
jWA BUDGETED: Yee : No
DDFBRF24TIAL OF LOCAL PRICE: n/a Aoct. 001-21000-550340
COST TO COiTNZy: same SOURCE OF FUNDS:
REVENUE GENERATED: Yea
No a
APPROVED BY: Co. .: '
OMB/Pnrchasing: _.__. Risk ManaSement:
DOCUMENTATION: INCLUDED: a
NOT REQUIRED: ,
DISPOSITION; AGENDA ITEM #:
—�
DOE WPM JQAAD OF COUNTS COS IONE,RS
CONTRACT S[JMMARy
Contsad THE FLORIDA KEYS SOCIETY FOR THE contract #
PREVENTION OF CRUELTY TO ANWALS Effective Data: 09/oMo1-- 0 -
ER*Bdm Date: 05n lt2ol l
ContractPwpowDwdpdit. Extends Contract for--- - oPUstion of middle hys animal shelters and
Provide animal conoraf servicm to MM 70 for one additiornt moth to May 31,
I Mom. Beth Leto 4560 Public Works - #1
cam.) �stoP �
for SOCC meeting as Feb 16 2011 Amxb DmiHoa Feb 1. 2011
CONTRACT COSTS
Total Dollar Vahm of Contract: IS4,926.8?Jmooth
Bufteted4 Yes ® No 0 � ----.- Cat Ycar POWOM S54,926 92
Grad. S Acconat Codes: 001 21000-5303�-'40
Cry MMch: $
E�� Costa: �--�Yr. S TONAL COSTS
-- For.
Division Direr*or
�
YeO '° :. LP L Dewar
�rt
fDate O�%
Risk Managal
f �
YeaQ
OMBlTng-i5-11
County Attorney
f
Yes(] `
/
Comments;1—
41h AMENDMENT TO AGREE1bL
(won. of Key West Animal Shaker, and temporary
Operation of the Big Pine Key and Marathon Animal Shelters)
THIS 0 AMENDMENT TO AGREEMBNT is entered into this day between the Board of County Commissioners of Monroe of . 2011, by and
SOCIETY FOR THE PREVENTION OF CRUELTY TO Cap ��da (COUNTY), and '1HE FLORIDA KEYS
ANIMALS, INC. (CONTRACTOR).
WHEREAS, the parties entered rare an agreement on May 18, 2005, as amended on April 19, 2006,
September 2Q 2006, and May 17, 2007, and renewed on April 21, 2010, to operate
and provide animal control services and enforcement of laws related to anim the Key West Animal Shelter
WHEREAS, the contract was amended on September 8, 2010, to include the temporary operation of the
Big Pine Key and Maranon Animal Shelters and to provide complete animal control services and
laws related to animals up to Mile Marker 60 through February 28,
l a animal
�o�cW of
services, and pending re -bid of the contract for such
WHEREAS, the contract was amended on October 20, 2010, to include temporary
and enforcement of laws related to animals for an additional ten mil p �' animal dingtcontrol services
Layton; and es, up to Mile Marker 70, including the City of
WHEREAS, the contract was amended on Feb 16 2011 to
andMaratlroa �Y � � extend until April 30, 2011, the temporary
Operation of the Big Pine Key
enforcement of laws related to Animals Shelters and to provide animal control services and
animals up to Mile Marker 70, including the City of Layton; and
WHEREAS, additional time is needed past the termination date of April 30, 2011, to award
operation of the Big Pine Key and/or Marathon Animal Shakers and s; new bid(s) for
aes, now, therefore,
IN CONSIDERATION of the mutual promisor contained herein, the parties hereby agree that the contract
dated May 18, 2005, is hereby amended as follows:
1. Section 111(A)(2) shell read:
"2. Effective September 1, 2010, Contractor shall
Sbelters and Operate the Big Pine Kay and Marathon Animal
provide animal control services and denforcement
to er laws neon in
month -to -month basis for a ' e 9 mo�nth period of time to Animas on a temporary
terminated by either party upon thirty (30)days ce as terminate °II 1--1 ZOi 1 if not
earlier
Is increased from $32-970.44 per month to $54,926.92 per month" vided in Section M. The armus! contract
2. All other provisions of the original contract, as amended and
to the Big Pine Key and Matatlron Animal 3hehens and rowwvd, not inconsistent herewith, apply
operations and shall remain in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chain n
THE FLORIDA KEyj W
FOR THE
PREVENTiN OF C11E1TO ANIMALS, INC.
APPFT% I=G AS TO FORM: By:
CHRISTI E M. I IMBERT-BARROWS
ASSISTANT PO-W4TY ATTORNEY
Date - - jy /.`? / LL —
3'� AMENDMENT TO AGREEMENT
(Operation of Key West Animal Shelter, and temporary
Operation of the Big Pine Key and Marathon Animal Shelters)
THIS 3`d AMENDMENT TO AGREEMENT is entered into this f `~ day of !aid
.c 20ID11, by and
between the Board of County Commissioners of Monroe County, Florida (COUNTY), THE RA KEYS
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. (CONTRACTOR).
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19, 2006,
September 20, 2006, and May 17, 2007, and and renewed on April 21, 2010, to operate the Key West Animal
Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the contract was amended on September 8, 2010, to include the to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to anmulstemporary operation
of the Big Pine Key and Marathon ; and
WHEREAS, the County desires to hire Comm tOr on a temporary basis to operate the Big Pine Key and
Marathon Animal Shelters and to provide complete provide animal control services and enforcement of laws related
to animals up to Mile Marker 60, through February 28, 2011, pending rebid of the contract for such services, and
WHEREAS, the contract was amended on October 20, 2010, to include temporary animal control services
and enforcement of laws related to animals for an additional ten miles up to Mile Marker 70, including the City of
Layton60; and
WHEREAS, additional time is needed to receive, open, analyze, and award new bids for o Big Pine Key and/or Marathon Animal Shelters and servi () operation of the
ces, beyond the termination date of February 28, 2011, as
currency provided; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the contract
dated May 18, 2005, is hereby amended as follows:
Section III(A)(2) shall read:
"2. Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon Animal
Shelters and provide animal control services and enforcement of laws related to animals on a temporary
month -to -month basis for an ei S month period of time to terminate on April 30. 2011 if not
earlier terminated by either party upon tlurty (30) days notice as provided in Section III. The annual
contract is increased from $32,970.44 per month to S54,926.82 per month."
other provisions of the original contract, as amended and renew
$' and Marathon the
Shelters and �, not inconsistent herewith, apply
operations and shall in
remain full force and effect.
t .. OLHAGE, CLERK
L. K
�
BOARD OF COUNTY COArIlVIIS4!O RS!
=�
OF MONROE CO r% ti
Y ORMAZ -n
r n
By:
ao
Deputy Clerk
By: Al
_n
yor/ rman .:; =;
- =
rn
TEE FLO A S TY.T �
o
MONROE COUNTY ATTOrIHEY
PT ON OF Y TV A�
�C
APPR VED AS TO FORM:
_
By.
CHRIS INE M. LIMBERT-BARROWS
t f sident
ASSISTANT COUNTY ATTORNEY
l/
DatetII1
29d AMENDMENT TOO
(o t f Key West Ammal Sheitar, and temporary
ofthe Big Pure Key and Magyar AWmal Shatters)
THIS 20d AMENDMENT TO AGREEMENT is entered into this day of
2010, by and between the Board of County Commisseoners of Monroe County, Florida (COUNTY), and
THE FLORIDA KEYS SOCIETY FOR TIME PREVEI-MON OF CRUELTY TO , MMALS, INC.
(CONTRACTOR).
WHEREAS, the parties entmW into an agreement on May 18, 2005, as amended on April 19,
2006, September 20, 2006, and may 17, 2007, and renewed on April 21, 2010, to operate the Key west
Animal Shelter and provide anunal control services and enforcement of laws relaWd to aeEim &, and
fire B' WHEREAS, the contract was amended on September 8, 2010, to inchmde: temporary vperatiion of
m8 Key and Mara&= Animal Shchers and animal control services and enforcement of laws
,slated to atrimals up to Mile Marker 60, Pending rebid of the commact for swch services, and,
WHEREAS, in addition to the CWre mt service area of mile markw 0 to mile marker 60, the
contractor has agreed to provide temporary animal control services and mfbfcculcUt of laws related to
animals up to Mile Marker 70; now, therefore,
IN CONSIDERATION of the mutual Pr misers Coined heuram, the 1arfies helms agree that the
contract dated May 18, 2005, is hereby amended as follows:
1. Section III(A) shall read:
"A. The Contractor shall provide all staffing, equipment, and dies neemay to operate the Key West Animal Sheltn located at 5230 College Road, Key West; Lida, and provide, (the let' animal cantr+ol and enforcement services from Mite MarkW 0 to Mile Marker 16.7
coo
(the Hams Charnel Bridge), including $m City of Key west.
EffOcfive
tht Big Pine Key and September 1, 2010, �dAnimal Control m� rebid of
by time County, the C c* r.
Marathon Animal S l z g °im o Kay and
Aviation Boulevard, Mamffihop, Fl Indtatrial Rom' 8 � Key, Florida, and 10550
oxide, and provide complete whnW caeatrol and
enftwalentservices from Mile Marker 16.7 to Mile Marker. 70, :i nchtding the Cities of
Mom, Key Colony Brach and Layton."
I All
Sher provsmorn of the original contr4 as amended and renewred, not inoormistent
apply to the Big Pine Animal Slpeltea and operatiions and d a0 remain in fimti fioree and
L. KOLHAGE, CLERK .BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOR DA
By:
�puty Clerk By'
or/Chairman
2"s Amendment to A
S+eement Page I of 2 October 20, 2010
(SEAL) THE FLORIDA KEYS 1"S IETY FOR
Attest: THE PREi O QN W MUELTY TO
By:
WITNESS
Title:
WITNESS
Title:
0
Title:
IV, 0N1:10E Q0Ur%:1 Y AT TOE PaE','
14
CHRISTI E tr'.:,irA 3FRT-BARROWS
ASSISTAW *Y` ATTORNEY
Date —�y
2nd Amendment to Agreement
Page 2 of 2 October 20, 2010
AMENDMENT TO AGREEMENT
(Operation of Key West Animal Shelter, and temporary
operation of the Big Pine Key and Marathon Animal Shelters)
THIS AMENDMENT TO AGREEMENT is entered into this day ofCan
2010,
by and between the Board of County Commissioners of Monroe County, Florida(CO THE
FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
(CONTRACTOR).
WTIEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19,
2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the County desires to hire Contractor on a temporary basis to operate the Big Pine
Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related
to animals pending rebid of the contract for such services for the Big Pine Key and Marathon Animal
Shelters, and
WHEREAS, in addition to the current Key West Shelter and it's service area, the Contractor is
willing to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services
and enforcement of laws related to animals up to Mile Mariner 60; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the
contract dated May 18, 2005 as amended and renewed, is hereby amended as follows:
L Section III(A) shall read:
"A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Flonda, and provide
complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16.7
(tire Harris Channel Bridge), including the City of Key West.
Effective September 1, 2010, and on a temporary nwnth-to-month basis, pending re -bid of
the Big Pine Key and Marathon Animal Control operations by the County, the Condor
Shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and
Marathon Animal Shelters located at 279 industrial Road, Big Pine Key, Florida, and 10550
Aviation Boulevard, Marathon, Florida, and provide complete animal control and
enforcement services from Mile Marker 16.7 to Mile Marker 60, including the Cities of
Marathon and Key Colony Beach.,,
2. Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon
Animal Shelters and provide animal control services and enforcement of laws related to
animals on a temporary month -to -month basis for a six (6) montb period of time to terminate
on February 28, 2011, if not earlier terminated by either party upon thirty (30) days notice as
Provided in Section III. The annual contract is increased from $32,970.44 per month to
$54,926.82 per month.
3. Section M(A)(8) is amended to read:
" 8. HOURS OF OPERATIONS: At a minimum, the Key West Shelter shall be open to the
public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00
a.m. to 2:00 p.m., Eastern time, on Saturdays.
Effective September 1, 2010 and on a temporary basis;
I of 3
At a minimum, the Marathon Shelter shall be open to the public fro Eastern Time, Monday through Saturday. m 10:00 a.m. to 2:00 p.m.,
The Big Pine Key Shelter shall have no regular hours for access by the general public, but
will be accessible to the public by appointment for the purpose of animal control services,
such as returning stray animals to owners,
Hours of operation may be adjusted only upon mutual written consent of the Contractor and
the County Public Works Director, or designee.,,
mutual
Section IX VEHICLES is amended to read:
"Contractor shall purchase one vehicle to be owned by Contractor, conditioned upon its title
being transferred to the County upon termination or expiration of this con
2003 Chevrolet Astro Van (Unit 0910/081) previously leased by County to the Contractor, , to replace the
County hereby leases to the Contractor two (2) County vehicles currentl assi
Pine Key and Marathon Animal Shelters identified as follows: Y 8� to the gig
1. 2004 Ford F150 Truck (Unit 0910/082)
2- 2005 Ford F150 Truck (Unit U910/1706)
5. In addition to the Key West Shelter, and in accordance with Exhibit E of the contract, the
Contractor shall obtain and maintain all required insurance coverage Marathon Animal Shelters and operations, includingthe following for
the Big Pine and
required by Section 9(e) thro 8 coverage
Key West, Florida, and Monroe County, on 9(f) of tease between the Utility Board of the City of
ty, dated July 23, 2008, and any renewal thereof.
General Aggregate $1,000,000.00
Prodrrcts/Completed Operation $1,000,000,00
Personal and Advertising Injury $ 4W'000.00
Each Occurrence $1,000,000.00
Fire Legal Liability Limit
$ 100,000.00
Property, Windstorm and Flood Insurance with limits of coverage based on the current
replacement cost of the Big Pine Key and Marathon structure.
6• Section XXJf. NOTICE REQUIREMENT is amended to read
Any Mice required or permitted under this
or mailed, postage prepaid, to the other aBCeement shall he in writing and hand delivered
the following: PAY by certified mail, returned receipt requested, to
FOR COUNTY:
Monroe County Administrator County Attorney
1100 Simonton Street
P..O.O.
Box 1026 Key West, FL 33040 Key West, FL 33041-1026
Dent Pierce, Director
Public Works Division
1100 Simonton Street, Rm. 2-231
Key West, FL 33040
FOR CONTRACTOR:
Connie Christian, Executive Director
Jane Dawkins, President
2of3
Florida Keys Society for Prevention of Cruelty to Animal, Inc
5230 College Road
Key West, FL 33040
7. All other provisions of the original contract, as amended and renewed, not inconsistent
herewith, apply to the Big Pine Key and Marathon Animal Shelters and operations and
remain in full force and effect. shall
(SEAL)
Attest: DAWY L. KOLHAGE, CLERK
Bye-
Deputy Clerk
(SEAL)
Attest:
By:
�'l'NESS
Title:
By:
Title:
W]TNESS
3 of 3
BOARD OF COUNTY COMNMSIONERS
OF MONROE COUNTY, FLORIDA
y'
Mayor/Chairman
TBE FLORIDA
TBE PREVPNTri
0
Title:
i SOCIETY FOR
CRUELTY TO
MONROE COUNTY ATTORNEY
7LAPPR V D AS TO FORM:
CHRIU-nNE M. LI BERT BARROWS
ASSIST T IvZY ATTORNEY
Date `
RENEWAL AGREEMENT
(Operation of the Key West Animal Shelter)
THIS RENEWAL AGREEMENT is entered into this yZ
Monroe County Board of County Commissioners (CO Y of April, 2010, between
the Prevention of Cruelty to Animals Inc(FKSP
. UNTY) and T Florida Keys Society for
agreement entered into on May 18, 2005� CA), (Cornractor) in order to renew, the
WHEREAS, it is the intent of this Renewal
final option to renew the Agreement for an additional Agreement y, p allow the County to exercise its
Period; now, therefore,
IN CONSIDERATION of the
as follows: mutual promises contained herein, the parties hereby agree
1. In accordance with Section IV -RENEWAL of the
2005, the agreement is herebymen �reemem entered into on May 18,
2• The term of this, e'erAgreemeW shall befor an additional five -Year period.
2010 and ending at 12:00 midnight� 30, 2015or a five-year period beginning
JU y 1,
3. Effective July 1, 2010, the annual contract amount is •
thereby increasing the annual greased by 2.1 % CPI adjustment,
per month
4.
$32,970.44 Payment to contractor from $387,507.60 to $395,645.26 or
.
In all other respects, the remaining terms of the A
r not inconsistent herewith, shall remain if full forcetered into on May 19, 2005,
�*'Wl717NESS WHEREOF, the parties have caused these
.. names. used Presents to be executed in the
At�tt:
3A1`NY L. KOLHAGE, CLERK
B
6 clerk
Attest:
B
0
o
Sairc
C3
xi-:
L,-
NUj
...a
me
m
U ,
U-
N
C d
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNP4, FLORA
By:
yo
X�Wrman—
THE FLORIDA KEYS SOCIETY FOR
�1TONAAUELTY TO
By:
AASSt4—r'TA
E COUNTYIf
Y
O D AS T
O J. M - CADO
INTC-C1 ATTOnNEY
���'1iL1•13iSi:�1iU •ice joy
o ---
EMCS CLAUSE
warrants diet Wit has not employed, retained or
Odwwisc had act on i L•
behalf any former County offiew or OmPloyce in violation of Section 2 of
Ordinance No. 10-1990 or any County ofrww or a mPtoyee in vWgdm of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County r&y, in its discretion, WMinaoe this
cOntnICt without liability and may also, in its &sOctiorr, deduct fMm the
odrerwise r+ecOover, die full amount of coaelact or �� pncc, or
�Y fee, commision, PMCnIW, ® of moderation Paid tD
the former County officer or employee. \ A
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undmsigned auttwrity,�'G
after fuel being 1, by ,_ affixed his/her signature (Hank of
individual signing) in the space provided above on this � day o f n�{ A
2010. ,e/D
OMB — MCP FORM #4
My commission expires;
37
UUFNNIIFF
* * Nl'0D1f MODDg7W
F�M1E& Ft�btwry 2f, 2011
�''+awd'� ba�ednwlwltMtatareintai
ADDENDUM
THIS ADDENDUM is entered into this 16th day of May, 2007, between the Monroe County
Board of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a CPI increase of 2.5% effective July 1, 2007 through June 30, 2008,
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
1. Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence:
The contract amount agreed to herein may be adjusted annually in accordance with the
percenage
change mavailable. the Consumer Price Index (CP1) for all urban consumers (CPI-U) for the most recent
months a12
2- The remaining terms of the Agreement entered May 18, 2005,
full force and effect. not inconsistent herewith, shall remain in
respeIN WITNESS WHEREOF, the parties have caused these presents to be executed in their
ctive names.
Attest:
D KOLHA E, CLERK
w..
Deputy Clerk
Attest:
By:"�
Secretary
OR WITNESSES:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
�By:
Mayor, Mario Di (jennaro
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INC.
By: —
2- y
,`
Presidentrra
c-sr--
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h?
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C)
A r'%
p
MONROE COUNTY
ATTORNEY
ROVED AS'
�;Ie
ZA E
TT N
Datecou_!28�
�-ct
D ,__,_
ADDENDUM
THIS ADDENDUM is entered into this 2& day of September, 2006, between the Monroe County
Hoard of County Commissioners (COUNTY) and Florida Keys Society of Prevention of Cruelty to
Animals, Inc. (FKSPCA) (CONTRACTOR).
WHEREAS, on May 18, 2005, the parties entered into a five-year agreement for animal control and shelter
services; and
WHEREAS, Contractor has requested a CPI increase of 3.4% effective July 1, 2006 through June 30, 2007;
now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows:
I . Section II of the Agreement dated May 18, 2005, shall be amended by adding the following sentence:
The contract amount agreed to herein may be adjusted annually in accordance with the percentage
change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12
months available.
2. The remaining terms of the Agreement entered May 18, 2005, not inconsistent herewith, shall remain in
full force and effect -
IN WITNESS WMtEOF,
the parties have caused these presents to be executed in their
respective. names.
f
. -
BOARD OF COUNTY COMMISSIONERS
tt_
{{
=
OF MONROE COUNTY, FLORIDA
A.
rt` Il L-..KbLHAGE, CLERK
-
�`'
By.
-8
�'IfepClerk
yo,Char]
„ Mcuty
May Coy
FLORIDA KEYS SOCIETY OF PREVENTION OF
CRUELTY TO ANIMALS, INC.
Attest:
By: t
By.
Presr ent
Secretary
OR WITNESSES:
c�
to a
i-;r
MONROE COUNTY ATTORNE
= -
OVEti AS T R
r
r� Li r3
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or.
3 tbu A' R nON
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Dab
cv
CONTRACT
(Operation of Key West Animal Shelter)
THIS CONTRACT, is entered this IM day of MM 2005, by and between the
Board of County Commissioners of Monroe County, Florida (COUNTY), and THE
FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC.,
(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:
1. TERM OF AGREEMENT:
This agreement shall be for a five (5) year period beginning, Ally 1.2005 and ending at
12:00 midnight on June 19,201.0 The tern of this agreement shall be renewable in
accordance with Section IV.
II. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $365,625.00 per annum. The County shall pay the Contractor on
a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or
$ 30-402L per month. The Contractor shall provide a monthly invoice on the IA day of
each month to the Division of Community Services, and payment shall be made on or
about the 1 st day of the following month. In the event that fiends are partially reduced or
cannot be obtained or continued at a level sufficient to allow for the purchase of the
services contemplated, then the contract may be terminated immediately at the option of
the County upon written notice of termination being delivered in person or by mail to the
Contractor. The County will not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of immediate termination.
M. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
Operate the Key West Animal Shelter located at 5230 College Road, Key
West, Florida, 33040, and provide complete animal control and enforcement
services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including
the City of Key West.
1. STAFF: The Contractor will fully staff, operate and perform all
current functions of the Shelter, as further identified in the training manual to be
Piepa'ed by Contractor, said training manual will be reviewed and approved by
the Director of Community Services or his designee prior to implementation.
2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the
Monroe County Health Department and follow all local and state laws,
regulations and procedures, including but not limited to 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 Shelter or which become the responsibility of
the Shelter. All animals in the custody of the Contractor shall have
a constant supply of fresh water and be fed a diet appropriate for
their species, breed, age and physical condition.
(b) The Contractor shall provide appropriate care for sick and injured
animals in its custody and shall obtain the services of a
veterinarian who is licensed by and in good standing with the
Board of Veterinary Medical Examiners for the State of Florida for
consultations and/or professional services.
(c) The Contractor shall provide the personnel and materials necessary
to humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelter. The primary drug to be
utilized for euthanasia shall be sodium pentobarbital, and the
Contractor shall administer euthanasia to those animals designated
for destruction in a humane manner and consistent with state and
county laws and regulations. The Contractor's personnel who
perform euthanasia will have appropriate certificates attesting to
the employee's authority to perform euthanasia, and copies of the
certificates will be forwarded to the Director of Community
Services or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable
dogs, provide deworming to all adoptable animals, and shall have a
Program in place for flea and rick control. Contractor shall seek
funding sources to enable provision of feline leukemia virus testing
and, upon obtaining such funding, shall provide feline leukemia
virus testing for all adoptable kittens and cats.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the
Shelter, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner.
S. ADOPTIONS:
(a) The Contractor shall ensure that rabies inoculations will be given
to all adopted and redeemed animals as required by law.
(b) The Contractor will provide an adoption service through the
Shelter for the purpose of securing suitable homes for adoptable
animals. The Contractor shall follow appropriate criteria to insure
that each companion animal is given a suitable home through basic
screening procedures that evaluate both the animal to be released
and the potential adopter in an effort to assure that the animals
adopted are being placed in long-term homes. The screening
procedures shall be reviewed periodically by the Director of
Community Services or his designee as to form and practicality.
All adoptable animals will be available for inspection by the public
during normal working hours. The Contractor shall utilize the
Adoption Agreement attached hereto as EXHIBIT "A," unless
modified by written and signed directive from the Director of
Community Services.
(c) The • contractor shall enforce the provisions of the contract,
including, but not limited to, taking any action necessary to ensure
that an adopted animal is spayed or neutered prior to releasing the
animal or transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue
license certificates for dogs as required by the Monroe County Code
and collect the fees established by County Resolution therefor. The
Contractor will be responsible for determining that all requirements
have been satisfied by an applicant prior to issuing a license certificate
and shall remit all fees therefor to the County.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall
maintain a Policies and Procedures Manual for guidance of all staff.
At a minimum, it shall set forth the following:
I . 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 reauire sterilization
ofall animals prior to r,aia, 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 Shelter shall be open
to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday,
and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays.
Hours of operation may be adjusted only upon mutual written consent of the
County and the Contractor.
B. ENFORCEMENT SERVICES: The Contractor will provide complete
animal control and enforcement services within the Service Area described above,
including, but not limited to:
1. Training of Animal Control Officers: The Contractor shall provide
that all animal control officers complete the mandatory certification program
outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida
Animal Control Association); said training shall be completed on a timely basis
after a 90-day probationary period. The Contractor is to provide the Director of
Community Services, or his designee, with copies of the Animal Control Officer
Training Program Certificates.
2. Emergency services (24-hours per day/7-days a week) for Priority One
calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature,
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis;
4. Picking up dogs that are running at -large;
5. Picking up cats or raccoons captured in cat or raccoon traps;
6. Non -emergency animal pick up from residential homes during normal
operating hours;
7. Picking up dead 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 and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County
in court proceedings when required. Further, upon termination of this
agreement, the Contractor shall complete all cases originated by
Contractor including representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well
as the laws of the State of Florida.
C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, license certificates, citations, penalties, adoptions, etc. In this
regard, the Contractor shall issue receipts and keep appropriate records of all funds
received and shall provide the Director of Community Services or his designee with
copies of daily cash reconciliation forms, daily bank deposit information and
original license certificates that are issue on a bi-weekly basis. All funds must be
deposited into specific Monroe County bank accounts, and all requests for waiver of
any fines or %es owed to the County must be submitted in writing on the County -
approved affidavit form to the Director of Community Services or his designee, said
affidavit form is attached hereto and marked Exhibit "B." The Contractor shall
only charge fees as outlined in Monroe County Resolution No. 496-2000, as same
may be amended from time to time; said Resolution is attached hereto and marked
Exhibit "C." The Contractor shall not charge any other fees for services at the
Shelter unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services
or his designee with copies of all bite reports and citations that are issued on a bi-
weekly basis. Contractor shall submit on a monthly basis to Director of Community
Services the following reports:
(1) Adoption Reports, by species & age (maturelimmature), with separate
accounting showing
Pure breed; returns and reasons; adoption denials.
(2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other, also
showing manner received (telephone call, letter, visit to office, encounter in
course of duties); and the action taken for each.
(3) Euthanasia, by species & age (maturetimmature), and showing number which
were feral, diseased or injured.
(4) Number of animals taken in, by species & age (maturermmature) and
showing numbers brought in, picked up & redeemed.
(5) County Fees collected, designating the fees collected for each of the
following: licenses,
pick-up, intake, boarding, adoption, disposal & euthanasia.
(6) Average number of days of boarding by species & age (maturetimmature).
(7) Total number of animals (by species) at the shelter at beginning of month and
the total number of animals (by species) at the shelter at the end of the month.
E. HURRICANE OR OTHER NATURAL, DISASTER: In the event of a
hurricane or other natural disaster, the Contractor shall make its best efforts to properly
house and care for all animals. In this regard, the Contractor shall designate at least three
(3) employees who will be able to remain in the County to care during the disaster for the
animals which have not been evacuated and after the disaster for animals not evacuated
and any animals which are at large. The Contractor will supply those employees' names,
addresses and telephone numbers to the County Administrator who may, at his discretion,
require the Contractor to have the listed employees remain in the County during and after
a Category 1, 2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the services designated for the
Animal Control/Shelter Contractor in the Pet Friendly Special Needs Climb Sheltering
Plan to provide evacuation of pets of Special Needs Clients and assistance with care of
said pets.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third -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.
IV. RENEWAL:
The County shall have the option to renew this agreement after the fifth year, for one (1)
additional five-year period. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI) for
all urban consumers (CPI-U) for the most recent 12 months available.
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all
applicable fees for any permits and licenses necessary to operate the Shelter. By
signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set
forth in these contract documents. Proof of such licenses and approvals shall be submitted
to the County upon request. The Contractor has, and shall maintain throughout the term
of this contract, appropriate licenses and approvals required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner.
VI. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly
considered to be independent contractors in dlieir performance of the work contemplated
hereunder. As such, the Contractor, its agents and employees shall not be entitled to any
of the benefits, rights or privileges of County employees. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility
for the services to be provided.
VII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance.
Contractor shall provide services using the following standards, as a minimum
requirement:
A. The Contractor shall provide at its own expense all necessary personnel to
provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
VM- UTILITIES: The Contractor shall be responsible for payment of all utility
charges for the Shelter. All utility accounts will be held in the Contractor's name.
IX. VEHICLES:
The County hereby leases to the Contractor one (1) County vehicle currently assigned to
the Shelter identified as follows:
2003 Chevrolet Astro Van (Unit 0910/081)
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 "D." 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's current annual rates, or utilize private garages and
provide receipts to the Director of Community Services or his designee to document and
verify that the required maintenance has been performed. Nothing herein shall prevent
the County from inspecting the vehicles at any reasonable time.
X. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners and the County Court of Monroe County from any and
all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor
or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained within this agreement.
Prior to commencing services under this agreement, the contractor shall furnish the
Owner Certificates of Insurance as indicated on forms entitled General Insurance
Requirements for Animal Control Contracts, Animal E&O, ED2, GLAnimals, VLl,
WC 1, All Risk Property Insurance and TCS, as attached hereto and incorporated as in
EXHIBIT "E."
XI. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received
at the Shelter by Contractor. Said donations shall be used by Contractor only for the
benefit of shelter animals or animals for which Contractor provides spay/neuter or other
services, and shall not be used to defray or reduce County funding in the future. In the
case of donations solicited by third parties on behalf of the Contractor, the donating entity
must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all
monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the
total collected for administrative expenses, are in fact donated to the Contractor for the
benefit of shelter animals. If a prospective donating entity is unwilling or unable to
comply with the foregoing requirement, then the Contractor may not accept any
donations from that entity.
XII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition,
and the Contractor shall allow the County to inspect said facilities and equipment at any
reasonable time. In addition, all operating supplies and any additional equipment such as
catch-all sticks, cages and the like shall be the responsibility of the Contractor.
XIII. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an
inventory of all supplies, materials, medicines and equipment at each Shelter and the
inventory lists prepared therefrom shall be signed by both parties hereto.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by
the County and the district for which he shall provide services and has made
investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this
work and he assumes full responsibility therefor. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
XV. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelter
buildings, grounds, and equipment in order to keep same in proper working condition.
Prior to commencement of repairs, the County must be notified, in writing, of repairs
estimated to cost over $1,000.00. If such repairs are approved by the County, the
Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs.
XVI. 11VIPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding properties without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Community Services or his
designee. Requests for events shall be requested by the Contractor in writing and
approved by the County Administrator in writing. Funds raised by the Contractor from
fundraising or events at the Shelter shall only be used to benefit the shelter animals or
animals for which Contractor provides spay/neuter or other services, and shall not be
used to defray or reduce County funding in the future.
XVUL 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 V1II of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sales rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
XIX:. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted
accounting principles, and allow the County to inspect its books and records and the
shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense,
provide the County with an annual audit prepared by an independent Certified Public
Accountant. Contractor shall retain all records pertaining to this agreement for a period
of three years after term expires.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject
to any provisions providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be
given, bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
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.
=H. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services
furnished by the Contractor, shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
County may immediately terminate the Agreement due to any violations by Contractor
of criminal statutes governing humane and cruel treatment of animals. Any other
Contractor breach of this agreement shall be governed by the article above on termination
for cause.
The Contractor agrees that the County Administrator may designate representatives to
visit the facility(ies) periodically to inspect Contractor's maintenance of the premises,
and care provided to animals. The Contractor agrees that the County Administrator may
designate representatives to visit the facility(ies) periodically to conduct random open file
evaluations during the Contractor's normal business hours.
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.
XX I. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the
occurrence of any one of the following events and same is not corrected to the
satisfaction of the County within fifteen (15) days after the County provides the
Contractor with written notice of said default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in
the custody of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelter in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
XXV[. 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.
XX X. 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 party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County Administrator and County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041-1026
and
James E. Malloch, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
Gwen Hawtof, M.D. President
Florida Keys Society for Prevention
of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 408N
Key West, FL 33040
XXXI. TAXES:
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.
XJOGI. 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.
X)=. 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.
(SEAL)
Attest:
BY:
By: --
WHEREOF the parties hereto have executed this Agreement on the day
tten above in four (4) counterparts, each of which shall, without proof or
other counterparts, be deemed an original contract.
KOLHAGE, CLERK
Deputy Clerk
WITNESS
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
BY >)�?_u iaory
Mayor/Chairman
FLORIDA KEYS
PREVENTION OF
ANIMALS, INC.
SOCIEITY FOR
CRUELTY TO
MONROE COUNTY ATTO EY
APPROVED
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KEY DEER PROTECTION ALLIANCE, INC.
P.O. Box 430224
Big Pine Key, Florida
33043-0224
Monroe County Board of County Commission Regular Meeting
N P r , L, June 20, 2011 — Key West, Florida
AGENDA ITEM: G-1. PUBLIC WORKS: Update on contract negotiations for Big Pine Key
and/or Marathon Animal Control, Shelters and Operations
Dear Mayor Carruthers and Fellow Commissioners:
From its inception in 1989, the Key Deer Protection Alliance has worked diligently to improve animal
control services to reduce the number of injuries to and deaths of Key deer due to free roaming dogs.
Over twenty years ago the County built the animal shelter on Big Pine Key. Over a decade ago the County
adopted its Year 2010 Comprehensive Land Use Plan, which mandates the animal shelter on Big Pine Key
be adequately staffed to enforce animal control laws.'
Over five years ago, with the issuance of Incidental Take Permit Number TE083411-0, the County entered
into a contract with the federal government to evaluate the need for additional regulatory measures to control
the spread of domestic predators and to provide an animal control education program?
Please take this opj2ortuni& to insure implementation these long standing obligations.
Three years ago Growth Management staff, working under the direction of the County Administrator and
Monroe County Animal Control Services, wrote the attached DRAFT Bylaws: Domestic Animal
Protection & Control Advisory Board.
Please direct staffto create the Domestic Animal Control Protection and Control Advisory Board in order
to, among other tasks look for funding and a location for an animal control shelter in the Lower Keys.
Sincerely,
Alicia Roemmele-Putney, Correspondin ecretary
Attachment: 6/9/8 DRAFT Bylaws: Domestic Animal Protection & Control Advisory Board, 5 pgs.
' "Adequate staff shall be provided at the animal shelter on Big Pine Kev to enforce animal control laws." Monroe County Year
2010 Comprehensive Land Use Plan Policy 207.7.8. [Emphasis Added.]
2 "The Coun& and Service will annually review and evaluate the need and feasibility of additional regulatory measures to control
the spread of domestic predators." And, "The Coun& will LnIplement an animal control education program to educate the public
regarding the potential negative effect of domestic predators on the Key deer and Lower Keys marsh rabbit." Incidental Take
Permit # TE083411-0: Block 11: G 23 and G 24. [Emphasis Added.]
DRAFT 6/9/08
Monroe County Domestic Animal Protection
and Control Advisory Board
BYLAWS
SECTION_1: PURPOSE
Under Resolution , the Board of Monroe County Commissioners has
established a Domestic Animal Protection and Control Advisory Board. For the
purposes herein a domesticated animal is defined as follows: A domesticated
companion animal is an animal that has traditionally through a long association
with humans, lived in a state of dependence upon humans or has been
traditionally kept as a household pet, including but not limited to dogs, cats,
hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels,
cockatoos, canaries, love birds, finches, and tropical fish.
The purpose of the Advisory Board is as follows:
A) To advise the Community Services Division Director and the Monroe
County Board of Monroe County Commissioners on issues and needs relating to
domestic animal protection and control services in Monroe County, and, through
comprehensive planning and other measures, to promote the most efficient and
effective service possible.
B) To promote measures which encourage greater awareness of domestic
animal protection and control services and the responsibilities of pet ownership.
C) To promote measures which prevent injury to property and minimize
annoyances and hazards that may result from uncontrolled animals.
D) To promote measures which prevent injury to and the inhumane treatment
of animals.
SECTION 2: DUTIES
The Domestic Animal Protection and Control Advisory Board has the following
duties and responsibilities:
A) The Advisory Board shall report no less often than once annually to the
Board of Monroe County Commissioners on recommended modifications or
additions to Chapter 3 of the Monroe County Code and on the general operations
of the contractors providing domestic animal protection and control services.
B) The Advisory Board shall perform such other further duties as may be
authorized or directed by the Board of County Commissioners with the guidance
of the Community Services Division Director.
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C) The Advisory Board shall review and evaluate on an ongoing basis
domestic animal protection and control issues, needs, services, and facilities in
Monroe County.
D) The Advisory Board shall assist the Community Services Division with the
development of a five-year comprehensive plan for the domestic animal
protection and control. The plan shall identify needs and establish priorities for
domestic animal protection and control services in Monroe County. The plan
shall be consistent with the Monroe County Comprehensive Plan and the Habitat
Conservation Plan, shall be submitted to the Board of Monroe County
Commissioners through the Community Services Division Director for approval,
and shall be reviewed and updated every five years.
E) The Advisory Board shall monitor trends involving changes in domestic
animal populations, demands for services, and licensing activities, and shall
report to the Board of Monroe County Commissioners through the Community
Services Division Director as appropriate.
F) The Advisory Board shall help prepare and coordinate a countywide public
information program to inform county residents about Monroe County's domestic
animal protection and control services as well as to promote the general safety
and welfare of animals.
G) The Advisory Board shall coordinate its activities with other agencies and
boards involved with domestic animal protection and control services to avoid
duplication and provide the best service possible, including the US Fish and
Wildlife Service to minimize impacts of free -roaming and feral Domestic Animal
animals on federally listed wildlife species protected by the Endangered Species
Act.
H) The Advisory Board shall not be responsible for the day-to-day operations
of the Monroe County Contractors and shall refer those matters to appropriate
Community Services Division county personnel.
SECTION 3: MEMBERSHIP
The Domestic Animal Protection and Control Advisory Board consists of not less
than 10 or more than 15 members. Members to the Advisory Board are
appointed by the Monroe County Community Services Division Director.
Appointments shall attempt to include the following affiliations and categories.
Such interests may represent, but are not limited to:
A) One member who owns or operates a licensed facility (including kennel) in
Monroe County;
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B) One member who is a licensed veterinarian who practices in Monroe
County;
C) One member who is a Monroe County resident who is affiliated as an
employee or officer from each Contracted Monroe County animal control services
organization;
D) One member who is a Monroe County resident who is affiliated as a
member, employee, or volunteer in a Monroe County wildlife protection
organization;
E) One member who owns dog(s) but who does not work in, own, or operate
any facility;
F) One member who owns cat(s) but who does not work in, own, or operate
any facility;
G) One member who is any animal owner other than a dog/cat;
H) One member who is a Monroe County resident who neither owns nor
maintains domestic animals;
1) One member who owns or operates a specified species wildlife
rehabilitation program;
J) One member who owns or operates a feral cat protection or rescue
organization;
K) One member who is staff of the US Fish and Wildlife Service;
L) One member who is staff of the Florida Fish and Wildlife Conservation
Commission;
1) In addition to these members, the Director of the Community Services
Division or designee shall serve as an ex-officio, non -voting member of the
Advisory Board and serve as the Monroe County liaison to the Advisory Board.
A representative of the Monroe County Growth Management Division shall serve
as an ex-officio, non -voting member.
SECTION 4: TERMS OF THE OFFICE
In forming the Advisory Board, at least five members shall be appointed, by the
Community Services Division Director, to one-year terms and at least five
members to two-year terms. Thereafter, all members shall be appointed to two-
year terms. Members can serve consecutive terms in office.
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SECTION 5: VACANCIES
When vacancies occur, the Community Services Division Director shall appoint
someone to fill the unexpired term. This includes vacancies caused by a change
in status of a member under the selection criteria set forth above during the
course of his/her term.
Vacancies may be declared when any member misses two consecutive regular
meetings, or assigned committee meetings, without notifying the Community
Services Division office or the chair of the Advisory Board, or when any member
misses the equivalent of one -quarter of the scheduled meetings within a 12-
month period. Reasonable effort will be made to determine the member's
continued interest before the vacancy is declared.
A member's position will be considered vacant, when any member misses three
regular meetings, or assigned committee meetings, within a 12-month period,
beginning with the month of a member's appointment, and continuing in 12-
month intervals during the period of appointment. This section will in no way
abrogate the authority of the Community Services Division Director to reappoint a
member to finish an original term of appointment.
SECTION 6: OFFICERS
The Advisory Board shall elect annually one of its voting members to serve as
chair; one member to serve as vice -chair; one member to serve as secretary;
and other officers shall be elected as the Advisory Board deems appropriate.
Election of officers shall be held at the last regular Board meeting of the calendar
year. All terms of office shall be for one year. More than one term may be served.
SECTION 7: MEETINGS
The Advisory Board will hold regular meetings, open to the public, and will give
advanced public notice of these meetings. Until otherwise determined by the
Advisory Board, the regular board meetings will be held on the second
Wednesday of each odd month (January, March, May, July, September, and
November) at 10:30A at the Marathon Library with no regular board meetings
held on even months. TBD
A majority of the Advisory Board members serving shall constitute a quorum.
The Advisory Board shall keep written record/minutes of meetings, resolutions,
recommendations, findings, etc., which shall be a public record.
In the absence of the chair, vice -chair, and secretary, an acting chair shall be
appointed by the Advisory Board members present.
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SECTION 8: MEETING MINUTES
The Advisory Board secretary shall be responsible for capturing and filing
minutes of each meeting with support from the Community Services Division.
Minutes will be distributed to the Advisory Board membership and the Board of
County Commissioners via email. Minutes will be mailed via USPS upon
request.
SECTION 9: AMENDMENTS TO BYLAWS
The provisions set forth herein (except those established by statute and county
resolution) may be amended by a two-thirds vote of the Advisory Board
members. Any amendments shall be voted on at a regular meeting and all
members shall receive a minimum of 10 days prior notice.
SECTION 109: PARLIAMENTARY AUTHORITY
All meetings of the Advisory Board shall be conducted utilizing Roberts Rules of
Order Newly Revised as a nonbinding guide.
APC Advisory Board Bylaws
RESOLUTION NO. -2011
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING FLORIDA DEPARTMENT
OF TRANSPORTATION WORK WITH STAFF TO
DEVELOP A COST EFFECTIVE DESIGN
ALTERNATIVE FOR BRIDGE UPGRADES THAT
WILL ALLOW THE OLD SEVEN MILE BRIDGE TO
REMAIN OPEN FOR PUBLIC USE AND
PARTICIPATE IN A MULTI -AGENCY
PARTNERSHIP EFFORT FACILITATED BY
MONROE COUNTY TO SAVE THE OLD SEVEN
MILE BRIDGE.
' WHEREAS, the Pigeon Key Historic District and the Old Seven Mile Bridge (the
Bridge) in Monroe County, Florida, are each listed in the National Register of Historic Places;
and
Z WHEREAS The Old Seven Mile Bridge is considered significant in the areas of
Transportation and Engineering based on associations with the Florida East Coast Railway and
the Overseas Highway and as a structure of innovative engineering and the Pigeon Key Historic
District is considered significant in the areas of Architecture and Transportation based on
associations with the Florida East Coast Railway and the Overseas Highway as a worker's camp.
It is also the only collection of vernacular architecture of its type remaining intact in the state; and
3 WHEREAS, the island of Pigeon Key and the Bridge are also designated as historically
significant by Monroe County, Florida; and
I WHEREAS, 2012 is the 100 year anniversary of the completion of the Florida East
Coast Railway in the Florida Keys; and
5 WHEREAS, the Bridge provides the only land access between Knights Key and Pigeon
Key, in Monroe County, Florida; and
(o WHEREAS, the Bridge is considered a "linear park" and walkers joggers skaters, and
cyclists made 101,480 trips to the bridge in 2010• and
"ERAS, the Old Seven Mile Bridge is a key component of the Florida Keys Overseas
Heritage Trail Master plan which was done in partnership by the FDOT, Monroe County,
National Park Service, and Rails to Trails Conservancy; and,
WHEREAS, Florida Department of Transportation is considering closing the Bridge to
all users due to its severely deteriorated and unsafe condition; and
WHEREAS, Monroe County, in partnership with other state federal and local agencies
and nonprofit groups, desires to repair the Bridge to restore safe access from Knights Key to
Pigeon Key, and to preserve the Bridge and Pigeon Key as historic, recreational, and cultural
resources; and
W
WHEREAS, FDOT has dedicated time, personnel and financial resources to evaluate the
potential to upgrade the existing old Seven Mile Bridge;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that The Board of County Commissioners requests that:
1) FDOT work with staff to develop a cost effective design alternative and cost estimate for
bridge upgrades that will allow the Old Seven Mile Bridge to remain open for public use;
and
2) FDOT allocate resources to participate in a multi -agency partnership effort facilitated by
Monroe County to save the Old Seven Mile Bridge for use as an alternative transportation
facility to Pigeon Key and establishment of a world class bicycle/pedestrian facility.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 20th day of April, A.D., 2011.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Syliva Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By_
Deputy Clerk
Mayor/Chairperson