Item D35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division: Community Services Division
Bulk Item: Yes ~
No
Department: Community Services Division_
Staff Contact PersonlPhone #: Deb Barselt
AGENDA ITEM WORDING: Approval of Amendment to Agreement between Monroe County
Board of County Commissioners and Humane Animal Care Coalition, Inc., extending their current
Agreement for up to three (3) additional months.
ITEM BACKGROUND: See Attached Memo
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRAC~AGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
$19,980.01 per month
BUDGETED: Yes lL No
COST TO COUNTY: $19,980.01 per month
SOURCE OF FUNDS: 001-21000
REVENUE PRODUCING: Yes N/A No AMO~:MONTH Year
APPROVED BY: County Atly f)jj O~rChaSin 'sk Management_
DOCUMENTA TION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
O,~~Y~~~~E
(305) 294-4641
Deb Barsell, Division Director
Community Services Division
The Historic Gato Cigar Factory
(Monroe County Public Service Building)
1100 Simonton Street, Suite 2-256
Key West, FL 33040
(305) 292-4500 - Phone
(305) 292-4417 - Fax
(~._~
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles ~Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
MEMORANDUM
TO: Board of County Commissioners
FROM: Deb Barsell, Director
Community Services Division
DA TE: February 6, 2007
SUBJECT: Addendum to Amendment for Key Largo Animal Control Shelter
Staff is recommending approval of this agenda item. The current Agreement will come to an end on
March 31, 2007. We would like to extend this Agreement for up to an additional three (3) months, to
give this Division ample time to advertise for bids and award a new Agreement.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
HumaneAnimalCareHAC Contract #_
Effective Date:
Expiration Date:
4/1/07
6/30/07
Contract PurposelDescription:
A royal of Amendment to A eement between Monroe Count Board of Count
Commissioners and Humane Animal Care Coalition Inc. extendin their current
A reement for u to three 3 additional months.
Contract Manager: Sandy Molina
(Name)
4500
(Ext.)
Communit Services # 1
(Department/Stop #)
for BOCC meetin on
2/21/07
A end a Deadline: 2/6/07
CONTRACT COSTS
Total Dollar Value of Contract: $ $59,940.03
Budgeted? YesC8J No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ $59,940.03
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
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CONTRACT REVIEW
Changes
Date In Needed ~ I'. ReviewerJ'cy~...J1.
Division Director ~'1 YesONo0' ~ f:::,~ ~
Risk Manag~~en~~0D 7 YesO Nog to) sa".o<-~
O~BJPur2t!.s'r.~ ~o t YesO NorrJ~/Af1
County Attorney if/gat Y esO No~ _ _
I
Date Out
~lP\C7
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
This AMENDMENT made this 21st day of February 2007, by and between
the Board of County Commissioners of Monroe County, Florida, a political
subdivision of the State of Florida, (hereinafter called the "County"), and Humane
Animal Care Coalition, Inc., a non-profit organization existing under the laws of the
State of Florida, (hereinafter called the "Contractor").
WITNESSETH
WHEREAS, the parties hereto did enter into an Agreement dated March 17,
2004 for the purpose of operating the Key Largo Animal Control Shelter; and
WHEREAS, said Agreement will end on March 31,2007; and
bid;
WHEREAS, the County is currently working on putting this operation out to
IN CONSIDERATION of the mutual covenants and obligations contained
herein, the parties agree as follows:
1. The County would like to extend the Agreement for up to 3 months,
allowing time for the bid process to be completed.
2. The effective date of this Amendment will be April 1, 2007 and shall
extend on a month to month basis, up to June 30, 2007, with the contractor being
given notice at least 14 days in advance of each continuation through May and
through June.
3. All other terms and conditions of the contract dated March 17, 2004 shall
remain in full force and effect.
SEAL
Attest: DANNY L. KOHLAGE, CLERK
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
MO oe COUNTY
APPROVED AS
HUMANE ANIMAL CARE COALITION, INC.
By:
Date
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shetter)
This renewal agreement is made and entered into this 15th day of February, 2006,
between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE COALITION, INC.
(Contractor) in order to renew that certain agreement entered into on March 17,2004, as
follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for
one additional year.
2. Section IX - PAYMENT, is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $239,760.15 per annum ($231,652.32 plus 3.5% CPI
increase of $8,107.83). The County shall pay the Contractor on a per month in
arrears basis in an amount equal to 1112 of the total cost of the contract, or
$19,980.01 per month. The Contractor shall provide a monthly invoice to the
Division of Community Services, and payment shall be made on or before the 15th
day of the following month."
3. The term of this renewal agreement shall commence on April 1, 2006, and
terminate on March 31, 2007.
4.
In all other respects, the original agreement between the parties dated March 17,
_----2CJ04, and renewed on February 16,2005, remains in full force and effect.
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" .' '1N~ESS WHEREOF. the parties hove hereunto set their hands and seal. the day
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COU TY' FLORIDA
By
HUMANE ANIMAL CARE COALITION,
INC.
BY:~?? ~
President
RENEWAL AGREEMENT
(Operation of Key Largo Animal Shelter)
This renewal agreement is made and entered into this 161h day of February, 2005,
between the COUNTY OF MONROE (County) and HUMANE ANIMAL CARE COALITION, INC.
(Contractor) in order to renew that certain agreement entered into on March 17,2004, as
follows:
1. In accordance with Section IV - RENEWAL, this agreement is hereby renewed for
one additional year.
2. Section IX - PAYMENT, is amended to read as follows:
"IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services
under this Agreement shall be $231.652.32 per annum ($224,252 plus 3.3% CPI
increase of $7.400.32). 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
$19,304.36 per month. The Contractor shall provide a monthly invoice to the
Division of Public Works, and payment shall be made on or before the 151h day of
the following month."
3. The term of this renewal agreement shall commence on April 1, 2005, and
terminate on March 31, 2006.
4. In all other respects, the original agreement between the parties dated March 17,
2004, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
and y~ar first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
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':':'d: ~j ~peputy Cleric
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairman
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HUMANE ANIMAL CARE COALITION,
INC.
By:~74~
President
RECEIVED
MAR 0 2 2005
MONROE COUNTY ATTORNE~
AGREEMENT
for
OPERATION OF KEY LARGO ANIMAL CONTROL
This agreement is entered into this 17th day of March. 2004, by and between the 80ARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State
of Florida, (hereinafter called "County"), and HUMANE ANIMAL CARE COALITION, INC., a non-profit
organization existing under the laws of the State of Florida, (hereinafter called "Contractor'):
WIT N E SSE T H:
The County hereby authorizes the Contractor to operate the Key Largo Animal Control Shelter,
(hereinafter called "Shelter") located at 105951 U. S. Highway 1, Key Largo, Florida, further described
in Exhibit "An attached hereto, and to provide complete animal control and enforcement services from
Mile Marker 70 through Mile Marker 112 including Ocean Reef and the Village of Islamorada
(hereinafter called "Service Area") according to the following terms and conditions:
I. SCOPE OF SERVICES:
a. The Contractor will fully staff, operate and perform all current functions of the Shelter, as
further identified in the training manual to be prepared by Contractor; said training manual will be
reviewed and approved by the Director of Public Works or his designee prior to implementation.
b. The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelter.
c. The Contractor shall cooperate with the Monroe County Health Department and follow all local
and state laws, regulations and procedures, including but not limited to F.A.C. 100-3.091, Procedures
for Control of Specific Communicable Diseases and Chapter 64816-29, Animal Control Shelter
Permits.
d. The Contractor shall proVide that all animal control officers complete the mandatory
certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida
Animal Control Association); said training shall be completed on a timely basis after a 90-day
probationary period. The Contractor is to provide the Director of Public Works, or his designee, with
copies of the Animal Control Officer Training Program Certificates.
e. The Contractor will receive and 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.
f. The Contractor shall provide appropriate care for sick and injured animals in its custody and
shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of
Veterinary Medical Examiners for the State of Florida for consultations and/or professional services.
g. The Contractor shall maintain the Shelter, including kennel area, cages and euthanasia room,
and all equipment in a clean, safe, and sanitary manner.
h. The Contractor shall provide the personnel and materials necessary to humanely euthanize all
animals designated for euthanasia by the supervisors or designees of the Shelter. The primary drug
to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer
euthanasia to those animals designated for destruction in a humane manner and consistent with
state and county laws and regulations. The Contractor's personnel who perform euthanasia will have
appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the
certificates will be forwarded to the Director of Public Works or his designee.
i. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed
animals as required by law.
j. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all
adoptable animals, and shall have a program in place for flea and tick control. Contractor shall 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.
k. The Contractor will provide an adoption service through the Shelter for the purpose of securing
suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that
each companion animal is given a suitable home through basic screening procedures that evaluate
both the animal to be released and the potential adopter in an effort to assure that the animals
adopted are being placed in long-term homes. The screening prOcedures shall be reviewed
periodically by the Director of Public Works or his designee as to form and practicality. All adoptable
animals will be available for inspection by the public during normal working hours.
I. The Contractor will issue license certificates for dogs as required by the Monroe County Code
and collect the established fees therefor. The Contractor will be responsible for determining that all
. requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit
all fees therefor to the County.
II. ENFORCEMENT SERVICES:
The Contractor will provide complete animal control and enforcement services within the Service Area
described above, including, but not limited to:
1. Emergency services (24-hours per dayl7 -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.
2. Patrolling service area on a regular and consistent basis;
3. Picking up dogs that are running at-large;
4. Picking up cats or raccoons captured in cat or raCCOOn traps;
5. Non-emergency animal pick up from residential homes during normal operating hours;
PAGE 2
6. 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;
7. 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.
8. 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.
9. Complying with all applicable County ordinances and regulations as wE!1I as the laws of
the State of Florida.
III. TERM OF AGREEMENT:
This agreement shall be for a twelve (12) month period beginning Aoril1. 2004 and ending at 12:00
midnight on March 31. 2005. The term of this agreement shall be renewable in accordance with
Section IV.
IV. RENEWAL:
The County shall have the option to renew this agreement after the first year, for two (2) additional
one-year periods. The contract amount agreed to herein may be adjusted annually in accordance
with the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for
the most recent 12 months available.
V. ASSIGNMENT:
The Contractor shall not assign nor subcontract its duties under this agreement without the prior
written approval of the County.
VI. 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.
VII. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the performance
of any of its obligations under this agreement. Default shall include the occurrence of anyone of the
following events and same is not corrected to the satisfaction of the County within fifteen (15) days
after the County provides the Contractor with written notice of said default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody
of the Contractor.
PAGE 3
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.
VIII. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelter. All utility
accounts will be held in the Contractor's name.
IX. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under this
Agreement shall be $224.252.00 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 $18,687.66 per month.
The Contractor shall provide a monthly invoice on the 1 st day of each month to the Division of Public
Works, and payment shall be made on or about the 1 st day of the following month.
X. FUNDING AVAILABILITY
In the event that funds are partially reduced or cannot be obtained or continued at a level sufficient to
allow for the purchase of the services contemplated, then the contract may be terminated immediately
at the option of the County upon written notice of termination being delivered in person or by mail to
the Contractor. The County will not be obligated to pay for any services provided by the Contractor
after the Contractor has received written notice of immediate termination.
XI. VEHICLES:
The County hereby leases to the Contractor two (2) County vehicles currently assigned to the Shelter
identified as follows:
1. A 1999 Chevrolet Astro Van (Unit 0911-020)
2. A 2000 Dodge 1500 Pickup Truck (Unit 0911-021)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies necessary to
operate said vehicles. In addition, the Contractor shall be responsible for repairs to said vehicles and
shall maintain them in accordance with the maintenance schedule attached hereto as Exhibit "B." The
Contractor shall prOVide receipts to the Director of Public Works or his designee to document and
verify that the required maintenance has been performed. The County shall have the right to inspect
the vehicles at any reasonable time.
XII. INSURANCE REQUIREMENTS:
The Contractor will provide insurance coverage as described in the Risk Management Policy and
Procedures Contract Administration Manual attached hereto and marked Exhibit "C."
XIII. FEES AND REPORTS:
The Contractor shall collect and remit to the County all funds that are collected for fees, license
certificates, citations, penalties, adoptions, etc. In this regard, the Contractor shall issue receipts and
keep appropriate records of all funds received and shall prOVide the Director of Public Works or his
designee with copies of daily cash reconciliation forms, daily bank deposit information and original
license certificates that are issue on a bi-weekly basis. All funds must be deposited into specific
Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County
PAGE 4
must be submitted in writing on the County-approVed affidavit form to the Director of Public Works or
his designee, said affidavit form is attached hereto and marked Exhibit "E." 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 "B." The Contractor shall not
charge any other fees for services at the Shelter unless authorized by the County to do so. Further,
the Contractor shall provide the Director of Public Works or his designee with copies of al/ bite reports
and citations that are issued on a bi-weekly basis as well.
XlV. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of al/ donations received at the
Shelters 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.
XV. 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.
XVI. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an inventory of
al/ supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared
therefrom shall be signed by both parties hereto.
XVII. 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.
XVIII. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelters, appurtenances, or surrounding
properties without the prior written approval of the County.
XIX. HOURS OF OPERATIONS:
At a minimum, the Shelter shall be open to the public from 9:00 a.m. to 6:00 p.m., Eastern
Time, Monday through Friday, and from 9:00 a.m. to 3:00 p.m., Eastern time, on Saturdays;
as follows:
PAGE 5
Hours of operation may be adjusted only upon mutual written consent of the County and the
Contractor.
XX. INDEPENDENT CONTRACTOR:
At al/ 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.
XXI. 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 wilf be able to remain in the County to care for the animals during and after the
disaster, and the Contractor will supply those employees' names, addresses and telephone numbers
to the County Administrator who may, at his discretion, require the Contractor to have the listed
employees remain in the County during and after a Category 1, 2 or 3 Hurricane or natural disaster.
XXII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its items have
been reviewed and approved by the Director of Public Works or his designee. Requests for events
shall be requested by the Contractor in writing and approved by the County Administrator in writing.
Funds raised by the Contractor from fundraising or events at the Shelter shall only be used to benefit
the shelter animals or animals for which Contractor provides spay/neuter or other services, and shall
not be used to defray or reduce County funding in the future.
XX"'. NON-DISCRIMINATION:
The Contractor shall not discriminate against any person on the basis of race, creed, color, national
origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is
not job related when recruiting, hiring, promoting, terminating or any other area affecting employment
under this agreement. At all times, the Contractor shall comply with all applicable laws and
regulations with regard to employing the most qualified person(s) for poSitions under this agreement.
Additionally, the Contractor shall not discriminate against any person on the basis of
race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or
any other characteristic or aspect in regard to providing services hereunder.
XXIV. 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.
XXV. 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.
PAGE 6
XXVI. 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.
XXVII. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for pUblic
entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a pUblic entity for construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. (CATEGORY TWO: $15,000.00).
XXVIII. NOTICE:
Any notice required or permitted under this agreement shall be in writing and hand-delivered or
mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows:
FOR COUNTY:
FOR CONTRACTOR:
Dent Pierce, Director
Monroe County Public Works
1100 Simonton Street
Key West, Florida 33040
Thomas F. Garrettson
283 Saint Thomas Avenue
Key Largo, FL 33037
XXIX. CONSENT TO JURISDICTION:
This agreement shall be construed by and governed under the laws of the State of Florida and venue
for any action arising under this agreement shall be in Monroe County, Florida.
XXX. AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of
its Board of Directors.
PAGE 7
XXXI. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the same manner as this agreement.
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'.~' -:.IN. WtTNESS WHEREOF, the parties hereto have set their hands and seals on the day first
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PAGE 8
MONROE COUNTY
ANIMAL.$HBL TER
KEY LARGO, FL
ANIMAL SHELTER TRACT
Being a portion of lot 9 in Scetion I, ToWllShip 61 South, llangc 39 &sl, lying
SOUtheasterly of U.S. Highway 1 as shown on the Model Land Company Plat recorded in
Plat Book I, Page 68, Public Records ofMonroc County, PL and being IlIOr~ particularly
described as follows: .:
BeBinning on a rod and cap located at the intcrscetion of the divWoll,!/ line be/ween the
Monroe Counly Animal Shelter and the Florida Keys Electric Coopenu{ve Association,
Inc. with the southCBSlcrJy right-of-way fme of U. S. Highway I, thCllceproCCcd
coincidClltwith said southcuterly right-of-way liile N 37 d<:grces 18 minulcs 38 seconds
E, 158.99 fect; thence depart said southeasterly right-of-way line and proceed S S2
dcgrceJ 44 minutes 25 seconds B, 44.12 feet; thence pfoCCcd S 88 degrees S8 minutes 33
seconds E, 70.60 feet to the East line of said Lot 9; thence proceed coincident with said
East liae S 00 degrees 37 minutes S6 SCeoods E, 253.16 t6ct to a rod and cap in the
divis;Onallinc be/ween the Moaroe Couaty AnimaJ Shelter and the Florida Keys Eleetric
CooPerative As.sociaUon, lac.; thence proceed coincident with said divisiOnal Ii.. N S2
dc_ S6 minutes S4 sceoads W, 256.68 feet to Ihe Beginning, contalning'fl.7S acres.
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ANIMAL SHELTER
KEY LARGO, . FL.
, PORTION OF LOT 9
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RANGE 39 EAST
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Risk Management
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 (orm entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County
Risk Management.
EXHIBIT "e"
PAGE 1
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 flIed 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.
ANlMALE&O
EXHIBIT "e"
PAGE 2
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
~CONTROLCONTRACT
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
EXHIBIT "e"
PAGE 3
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
~CONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence 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.
GLAnimaIs
EXHIBIT "e"
PAGE 4
VEIDCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANEWAL 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.
EXHIBIT "e"
PAGE 5
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROECOVNTY,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 minmuun rating of A-VI. as assigned by the
A.M. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required
to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance.
providing details on the Contractor's Excess Insurance Program,
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition. the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
WCl
EXHIBIT "e"
PAGE 6
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHELTERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividuaI taking possession of the property governed by this lease/rental
agreement, the OrganizationlIndividuaI 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 LeaseIRental Agreement and include,
as a minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
EXHIBIT "e"
PAGE 7
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
~alControlConhmcu
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
EXHIBIT "C"
PAGE 8
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.
EXHIBIT "C"
PAGE 9
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contract.
.
Contractor: H4."'~e. I}",':""'t C6\re CIM(,h,;., I l..c. ,
.
Contract for: lJnet' f(ey.s RIt"..J S'Aeltet"
Address of Contractor: ZB'3 ~,~t TJtol+t4.S AlIeHUe
Key L",.-,,,, FL 3303')
Phone: (30~) CfS3-o~ 2 ,
Scope of Work: Pf'&v'uJ~ 5erlllee bltly ~"H rl"'llct .fa"" t'tl~ tJpe Nf r,o;"; fJf1 t1Ul!.
Co"ltty 11111......1 c~)tf,..1 -t4C:/ i JI~4Ia ,"n Key LA..,tJ I FL .
Reason for Waiver:
These. tWD I~S"f"4.Col!. t'l!.(kL;e\>lo\e.llt.s dl"e....t .fPt'1I p..'4te tor t4e.
"k(,VI'~ ~ty" e...tna.ct ...,,'1"4 titc. COIC.It.+."+ ~~ n~Vl!r bc!>I!M" 'f4stre~..'~r.c.t.
{j II~ '.&.. "
r A.,c. 12. ;; WI ,1'Y~ Dldl))\esry I lIS.rot.ce-
t> ,,^ I ' tv t If
rA1~ II. nJ rll\<. fro,~.f''I IU","otllC't!' I
Signature of Contractor: 7~ ?~
Policies Waiver
will apply to:
Risk Management
Approved ~
13~
;J Do (0 i
Not Approved
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date:
PAGE l'
AFFIDA VIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I,
, (name) who being first duIy sworn, in support of my request to have certain
Monroe County Animal Control charges waived, do certifY:
1. That I am the owner of
(name(s) of animal(s)
(specify species)
, who havelhas been picked up, housed
or cared for by Monroe County Animal Control.
2. That for the period of
to
(date oflast charge)
,$
(date of 1 "' charge)
has been incurred as a resuIt of the animal control services stated in paragraph number one.
3, That I am unable to pay (check one)
_I) the charges (or)
_2) any more than $
without substantial hardship to myself or my family due to the following circumstances: (check all that apply)
(A) My household gross monthly income from all sources is less than:
- (1) $1,200 ifonly one person in household, or (2) $1,500 ifmore than one person in household.
- (B) I do not have cash (including checking and savings account) in excess of$5oo.oo.
- (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 descn'be 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
,2---, 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 "0"
Public Works Division
RESOLUTION NO.496 -2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 136-2000
CONCERNING FEES FOR ANIMAL CONTROL SERVICES, IN ORDER TO
INCREASE THE COUNTY LICENSE FEE FOR UNSPAYED/UNNEUTERED
ANIMALS FROM $20,00 TO $35,00
BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY,
FLORIDA, as follows:
Resolution No. 136-2000 is hereby amended to read as follows:
SERVICE
FEE
Pickup:
1&1 time
2M time
3nl time and more within 12 months
$ 25
$ 50
$100
The pickup (ees set forth above shall be doubled if the animal picked up was not vaccinated for mbies,
Board (per night) $ 10
Adoption $ 10
::J: 0
Disposal $ 10 0 Cl .."
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r-_ :t>o , J"Tf
County Ucense: ~:;.;--< :or: ' 0
(")' 11 ' .."
0("):
spayed/neutered $ 10 C::3i}:;.;- co 0
::0
unspayedJuni)eutered $ 35 2:. 0 -0.
-I",r' :J: ::0
replacement $ 2 :<- Q: ;;;S : ITI
..". >- C") J'
r- 0 ... 0
Dangerous 000 Certificate of Registration !~ f'rI Go:II ;:Q
--./ 0
First Year $100
Annual renewal $ 50
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the J]Jj,J.day of December , 2000.
Mayor George Neugent
Mayor Pro Tern Nora WiUiams' .
Commissioner Charles .Sonny" McCoy ,
, Commissioner Murray Nelson ~.'
. Commissioner Dixie Spehar
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EXHIBIT "E"
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
no 111 ,,, r: (;a '/" r~ tt ~ PAl
warrants that he/it ,has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990, For breach or violation of this provision the County
may, in its discretion. terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~?~
(signature)
Date: ~ SJ ll.~D'i
STATE OF rLae--t'D A
COUNTY OF fYlolVeo~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
~l'Y1t)~ C ~ (',0 f?CTrS6 f\.J
who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this ,51:!tday of cr-~, 2 Oil V.
<1vt.t~tA 11 ,JL~ j frlo ll. ___
NOTARY PUBLIC
My commission expires:
C, kJ.(D1
~~~I~
~.,......!_'!"222cao
:--.;wNobyA.n,
OMS. MCP FORM #4
NON-COLLUSION AFFIDAVIT
I, TlzoM4J F: Garre:ttsDN of the city of e according
to law on my oath, and under penalty of perjury, depose and say tat;
1) I am Pref.; ,jel'lt 6ft HlA.lttlt,,& J1JII~...1 ~t~ Ce.e)~ the bidder making the
Proposal for the project described as follows:
tJf~ f~ tlOPJ Dr ttu.. LA "et' Key f}JtJ~.1 SlJe Ife.r
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
~~~
(Signature of Bidder)
~.u"A~ 5".. J.~~o/
STATE OF SU)C2.t DR-
COUNTY OF (Y1n 1\.\Qr) ~
PERSONALLY APPEARED
71-f 0 fYlll\ S. ~ GAR I'? p rrS ('j 1"0
(name of individual signing)
her signalure in the space provided above on Ihis b day Of~8.u^t&2.Q2::L
~J.itD t:J('~
NOTARY PUBLIC
BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hisl
My commission expires:
lor '2-laJ
.....fitM:....", ....
C ' Jlaxv
-- " L.,.. 00222410
.......--HalanciM:lbyAM
OMB . MCP FORM #1
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
f!K....Ajae.. f}"lI~-" ( C4re. C&",[ (h~.., 1 I H.e .
(Name otBusiness)
1. Publish a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a
violation occuning in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted,
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section,
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
7~ -;; ~~
Bidder's Signature
L..'cl S; U>D'f
irate
OMB - MCP#5
MONROE COUNTY
ANIMAL.$HBLTER
KEY LA'RGO, FL
ANIMAL SHELTER TRACT
Being a portion of lor 9 in Scotioa I, Township 61 South, llange 39 &s~ lying
SOUtheasterly of U.S. Highway I as shown On the Model Land Company Plat recorded in
PlatBook I, Page 68, Public Record.! ofMoaroe County, PL and being IlIOr~ Partienlarly
described as follows: .:
Bcginnjng oa a rod and cap located at the intcmctioa of the dMsioll,!/ line betweea the
Monroe COWlly Animal Shelter and the Florida Keys Electric Coopenu{ve Assocililion,
lac. with the southcaslcrly right-of-way fme of U. S. Highway I, thCIICC ProCCcd
coiacidClll with said southeurerly right-at-way liile N 37 d<:grces 18 miautes 38 seconds
E, 1$8.99 fect; thenee dePart said SOUtheasterly right-of-way Hne and ProCCcd S 52
dcsrecs 44 minutes 25 seconds B, 44.12 feet; thence ploCCCd S 88 degrees 58 minutes 33
seconds E, 70. 60 fOCI to the EaSt Une of said Lot 9; thence Proceed coincident with said
BasI Une S 00 degree" 37 miautes 56 seconds B, 253.t6 ICct to a rod aad cap ia the
divisiOnal Hnc betweca tho Moaroe County Animal Shetter and the Florida Keys Electric
CcoP....tive Associauon, Inc.; fhcnee proceed coincidClll with .aid divisional Hne N 52
dcsrecs 56 minutes 54 SOCOad. W, 256.68 fOCI to the Besinning, eonteiaing' O. 75 acres.
'.
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FKEC
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ANIMAL SHELTER
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, PORTION OF LOT 9
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Risk Management
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 aU 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 aU 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.
ADY deviations from these General Insurance Requirements must be requested in writing OD the County
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County
Risk Management.
EXHIBIT "C"
PAGE 1
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.
ANlMALE&O
EXHIBIT "e"
PAGE 2
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
ANmMAL CONTROL 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
EXHIBIT "C"
PAGE 3
GENERAL LIABll.ITY
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
EXHIBIT "e"
PAGE 4
VEIDCLE 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 COlUlty Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage protection.
EXHIBIT "e"
PAGE 5
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
$ I 00,000 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
Flori~ 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 COlDlty 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.
wel
EXHIBIT "e"
PAGE 6
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHELTERS/
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividual taking possession of the property governed by this lease/rental
agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils
of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or
rented. Coverage shall be maintained throughout the life of the LeaselRental Agreement and include,
as a minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
EXHIBIT "e"
PAGE 7
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 hannless 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 COllllty) 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
EXHIBIT "e"
PAGE 8
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.
EXHIBIT Ole"
PAGE 9
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,
be waived or modified on the following contract.
.
Contractor: Mu....e. 11.,:"'1 c.i"e C..I,h';" J IN..
Contract for: u.".~ I(c.y.s JlII'~.J S~lfer
Address of Contractor. 2~3 SQ,~t ThofH4S II-veM"e
Kl!y L~,..,o., FL 33t>.J'}
Phone: (3D~ q.S3-D~2 ,
Scope of Work: Pr-ev"ul~ !:t!~~ ....1)' ~.Ktr..e.t .(6... t'tt~ itpe rw:d.,.:V ~f1 tt...
Cmclllty 11",:"'..1 c.,.f...1 4'41::;/ i t.~" I~ Klly L""'fJ I FL .
Reason for Waiver: ntul! tWit 1;~"toUC4I!!. C'.t!.(kl;e....&At.s doH. ...1 .. t.p... p:fct~ fD" tit.
lf$e'rVt'~ ..It" (...t'I'IU.t 1aif'f1. tit.. c=._+)'.... M~ "~r 1...... ,.st ~a:~...t.
~ ,,~ .."
Policies Waiver r-.,e IZ h,.,J-V~ DI,JaaJle.ty IlU'.r"au~a.
will apply to:
P"1L 11. "/Ill "I.~ ,r.l.r~ '~slll~.e..l;
Signature of Contractor. 7J"... 'iJ. ~
Risk Management
Not Approved
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date:
PAGE l'
AFFIDAVIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I,
, (name) who being first duly sworn. in support of my request to have certain
Monroe County Animal Control charges waived, do certify:
I. That I am the owner of
(name(s) of animal(s)
(specify species)
, who havelhas been picked up, housed
or cared for by Monroe County Animal Control.
2. That fur the period of
(date of I It charge)
to
(date ofIast charge)
,$
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 descnbe 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.
(signat\D'e )
SWORN TO AND SUBSCRIBED before me this _ day of
, 2-, by
who is personally known to me _ or who produced
, as identification.
Notary Public - State ofFlorida at large
Concur
Animal Control Director
Concur
County Administrator
EXHIBIT "0"
Public Works Division
RESOLUTION NO,496 -2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA. AMENDING RESOLUTION NO. 136-2000
CONCERNING FEES FOR ANIMAL CONTROL SERVICES, IN ORDER TO
INCREASE THE COUNTY UCENSE FEE FOR UNSPAYEDIUNNEUTERED
ANIMALS FROM $20,00 TO $35.00
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, as follows:
Resolution No. 136-2000;s hereby amended 10 read as follows;
~
FEE
Pickup:
1slUme
2nd time
3rd time and more within 12 months
$ 25
$ 50
$100
The pickup fees set forth above shaU be doubled if the animal picked up was not vaccinated for rabies,
Board (per night) $ 10
Adoption $ 10
:J: 0
Disposal $ 10 0 0 .."
::l:: ):>. r==
~C?2; ~,'
r-- :Do , f"t1
County Ucense: Pl;:r::-< =z: . 0
n' .", .."
0("):
spayed/neutered $ 10 c$::x: co C>
;:0
unspayedlunl)eulered $ 35 2:, 0 .".
-fer- ::r ;:0
replacement $ 2 :< - .::x; A;: ,...,
..,.,- > ("') "
r. C? ._, 0
Oangerous Dog Certificato of Reglslralion !; f'11 W, ::0
--.t I::)
First Year $100
Annual renewal $ 50
PASSED AND ADOPTED by the Board of County Commissioners of MonrOe County, Florida, at a
regular meeting of the Board held on the ....ll.tbday of December, 2000.
\
....llL
~
--n.lL
-nL.
~
..'
"; .:":
.' -." ~ :,
BOARD OF COUNTY COMMISSIONERS
~F MON~OE COUNTY, FLORIDA
. ~ ~ r
. " - \' .' , ' i ~ <'...... \]
~YOr/Chainnan (s
APPROVED AS TO FORM
FI
8
-
EXHIBIT "E"
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
nOlitA' r: r;1J.'/"r~tt~f)AI
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~?~
(signature)
Date:~..~ SJ .!l. ~DL/
STATE OF _t='L.oel"D A
COUNTY OF fYlorJeo~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~ tyll't~ c: R- rrf? f CTrS<J 10'
who, after first being sworn by me, affixed his/her signature (name of
individual signing) in the space provided above on this 5I8day of ~. 2 otJ v.
~tl.L1 ,JL&JJj~ll _
NOTARY PUBLIC
My commission expires:
Cp k1.(01
~_._..-
~,,-,~ 12.axJ1
~ - 00222ollO
It- HcII::.nar Notary.....
OMS. MCP FORM #4
NON-COLLUSION AFFIDAVIT
I, TJzO/t'J4$ F: 04 rre:\t oS DN of the city of ft according
to law on my oath, and under penalty of perjury, depose and say tat;
1) I am Pf'~f ,jl!l'lt ~ l1&.4.IMAIJIiI JJ^,~..., ~t~ C~, the bidder making the
Proposal for the project described as follows:
Ole fA tlO~ "f ttu. LA f,~r t{ey ffJll;'./ She Ifer-
2) The prices in this bid have been arrived at independently without collusIon,
consultation, communication or agreement for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnershIp or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained In this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
~~~
(Signature of Bidder)
1r..,n..~ S-.1/)~l/
IIYATE .
STATE OF SLO(2..{ DA-
COUNTY OF (Yln 1\.\l2t\ f2
PERSONALLY APPEARED
TH-oIVl tl\ 'S. ~ Q A Q t.' B T"'f'S c") r-..J
(name of Individual signing)
her slgnalure In the space provided above on Ihls .1fL day Of~1&2~:::L
~1~ nr~
NOTARY PUBLIC
BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hisl
My commission expires:
to { 12-( rs-;
OMB . MCP FORM #1
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
Jjw.Ytc4lle.. f}'H~4 ( CAre
~a4l1tL~ftll THe.
(Name 0 Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations,
3, Give each employee engaged in providing the commodities or contractual services that are under bid a copy
of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
7~ ;;~
Bidder's Signature
!~h"d S; U>D'f
ate
OMB - MCP#5