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03/17/2004 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 29, 2004 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hanc~ Deputy Clerk FROM' At the March 17, 2004, Board of County Commissioner's meeting the Board granted approval per Staff recommendation for the award of bid and authorized execution of an Agreement between Monroe County and the Humane Animal Care Coalition, Inc., for operation of the Key Largo Animal Shelter in the amount of $224,252.00 per year. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File / AGREEMENT for OPERATION OF KEY LARGO ANIMAL CONTROL This agreement is entered into this 17th day of March. 2004, by and between the BOARD 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" A" 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. 10D-3..091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, 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 dayn -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 w~1l as the laws of the State of Florida. III. TERM OF AGREEMENT: This agreement shall be for a twelve (12) month period beginning ADriI1. 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. It 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 all bite reports and citations that are issued on a bi-weekly basis as well. XIV.. DONATIONS: The Contractor shall issue receipts and keep appropriate records of all donations received at the Shelters by Contractor.. Said donations shall be used by Contractor only 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 all 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 all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees.. 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 will be able to remain in the County to care for the animals during and after the disaster, and the Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or natural disaster.. 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. XXIII. 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. -' ':-." -~,- - <,' -~ "", ,', .,., - - " '. .:".'::~NWtTNESS WHEREOF, the parties hereto have set their hands and seals on the day first . ~(itteil ab'Q~ ',\\ .,>1/ ~. :~. '. . y..." ',:\\ (SEAt::l'':::, .' ".".: :;1 Attesf.>,~NY~. KOLHAGE, CLERK <<.....<......'........<~.: ~eputy Clerk - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~(~ Mayor/Chairman BY:~7,~~ President ,...,~ a ~,,:,::::.~'I- "" C.'_~, U C1 -~ Z 't> :::JJ: . x z: r'l 0.122: :;:.. 0 M;:sr;-< ;;;0 C"')' r- N ." o\). \D 0 S :;:;:;r,: ;::U ........ ;:r,.". :::, c-:.' --~.~ :-< :-1 -.- ," " - I:-} "T1 - r r:-"; .. '. ,. 1;,. Pl h..) '. - J ,::J ZAN A, HON Date~SS'STAN~~rNEY PAGE 8 MONROE COUNTY ANIMAL.SHEL TER ,. KEY LARGO, FL ANIMAL SHELTER TRACT Being a portion of lot 9 in Section I, Township 61 South, Range 39 East, lying southeasterly of U.S. Highway I as shown on the Model Land CompllllY Plat recorded in Plat Book I, Page 68 , Public Records ofMonroc County, FL and being more Particularly described as follows: .: Beginning on a rod and cap locatcd at the intctscction of the divisiOnal /jnc between the Monroe County Animal Shelter and the Florida Keys Electric Coopcmtfve AssocUilion, Inc. with the southeasterly right-of-way line of U. S. Highway I, tbCllceptOceed coincident with said southeasterly rigbt-of-way lii1c N 37 degrees 18 minutes 38 seconds E, 158.99 fcot; thenec depart said SOUtheaslerly right-of-way line and proceed S 52 dcgrccs 44 minutes 25 seconds E, 44.12 feC!; thence Proceed S 88 dcgrccs S8 minutes 33 seconds E, 70.60 feet to the East line of said Lot 9; thence proccod coincident with said East line S 00 degrees 37 minutes S6 seconds E, 253.16 teet to a rod and cap in the divisional line between the Monroe County Animal Shelter and the Florida Keys Electric Cooperative Association, Inc.; thence Proceed coincident with said divisional lioe N 52 dcgrccs 56 minutes 54 seconds W, 256.68 feet to Iho Beginning, containing' 0.75 acres. E"hi bO, + A P~. 1 o-t:z. .. .-- ... "- ..\. ~'t' .~ f' c.,' ~. ~ .' ~ , Aj . I.LI .,to ,,0, -m :;^ ~ ,. ~ " ..'\ N to ~.... ...;. ;... """ to I"") .... . o o Parking Tract ~ (J) (;xdLl..~~~ to'M ~tl.~ 0.23 acres:!: N t ~ ~~~. -J.{:J O' ~ ((.. 4t ~ !b . 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I : I . . t : I . . 1 :x:><,><,><,rs; I . I I I : . -: : f I : I '. XD :x:x,x><:x.x. iX~ I I I I: i : , i : : '><'><:x'X:~' , '. J r-:-y,h., b.1 +- lJ B II 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 hislher own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. EXHIBIT "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 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 ANIMAL 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 LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLAnimals EXHIBIT "e" PAGE 4 VEmCLE LIABILITY INSURANCE REQUIREMENTS FOR AM~CONTROLCONTRACT 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 MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self. insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 EXHIBIT "e" PAGE 6 ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the 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 "C" 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 harmless Momoe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Momoe 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 "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 "e" 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: HI4.WlAlte. /J,.,':""t C.re C".,(.ho",." IHt. , , Contract for: tl~C" f(ey.s RIIIIMJ 5'Ae.lte.,. Address of Contractor: Zt?3 S~I'l\t Thoftt4.S A'IIeH14e Key L~...,o, FL 3303') Phone: (30$) IfS3-0iZL Scope of Work: Pro.v'tile .$eC'IIIe.e eMly t.'U1tt'lllct .for tta~ ope. t"Q 'r.o;V 1J.p He ~w~ty J91f1~..1 c,g,.f,..t -F4c;Iij-I~c; I~ Key LA..,", FL , These. two I~SIl~".Cll!. t~tlcl~~""e."t.5 Are. ...1 Afpt'e p"l~te tor t~e. "$e(,Vt~e eli\ly" c...tr-/Ut ...,I'#"lt Hie. c.O'CJ.+)'I~ ~Vl! "ever },e,e",,, f4st re~.I~~.C"t, /j lie. '.4, II r..,e. 12. J;;Mpl'Y~ DI'~DrleSly IJtSM,r..."c.e. , o II tv t If rA1f!. JI. 111/ rlS~ pro'.f'y 'UM.,,"4111C:~ I Signature of Contractor: 7~ "l. ~ Approved ~ 13~ :J ha/ovf Reason for Waiver: Policies Waiver will apply to: Risk Management Date Not Approved County Administrator appeal: Approved: Date: Not Approved: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved: 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: 1. That I am the owner of (name(s) of animal(s) (specify species) , who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. That for the period of to ,$ (date of 151 charge) (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 describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _ day of , 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 COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Resolution No. 136-2000 is hereby amended to read as follows: SERVICE FEE Pickup: 151 time 2nd time 3rd time and more within 12 months $ 25 $ 50 $100 The pickup fees set forth above shall be doubled if the animal picked up was not vaccinated for rabies. Board (per night) $ 10 Adoption $ 10 ::l: C> Disposal $ 10 0 0 21 :;z: )> ;:o(")~ <:..;' r- Or-~ ::Do , /71 County License: f"l;:.;:-< :z: ' CJ ("). I", ""rJ 0("): spayed/neutered $ 10 c::- 0) C> z::o;;r.: ;:0 unspayedJunneutered $ 35 . 0 -0, -fer- ::I: :::0 replacement $ 2 :<.'.::z:; .;;;; : /"T1 1; ..". >- C") r- 0 ....f 0 Dangerous Dog Certificate of Registration /~ ,..., G.:l 1 ;0 -.l 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 13 thday of December, 2000. Mayor George Neugent Mayor Pro Tem Nora Williams' Commissioner Charles "Sonny" McCoy , _ Commissioner Murray Nelson :.' 'Commissioner Dixie Spehar ~ -ll2- ~ -Xll- ~ \ ,.,.,::. ... .J"'.;' :. BOARD OF COUNTY COMMISSIONERS ~F MON~OE COUNTY, FLORIDA , L) ~ t " ., " . ' i A:. .:-r;, J ~YOr/Chairman (s ,~~~{O'M . R 8"Rr~ DATE ff-?g:--~"", - EXHIBIT "E" SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "7IJOIl1AS ~ r;af"r~tt~DAI 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. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 7~ ?~ (signature) Date:~ SJ 1tDfJl-! STATE OF ~Lael'D A COUNTY OF fY101\H?O~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, T1~\'Y1t)s (: 8t\~~fTlS()rJ. who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 5!hday of ~~_' 2 iJtJ y. ~JL~u ~ NOTARY PUBLIC My commission expires: ~ kJ. (D1 OMS - Mep FORM #4 NON-COLLUSION AFFIDAVIT I, Th.01YJ4j F: Ga rre:tt oS pN of the city of Kev ~~ rj'1J according to law on my oath, and under penalty of perjury, depose and say tt{at; 1) I am Pre~ ,~ent Iff HIA.IMIlIJS 191\,":'....1 ~t~ C:e.el~, the bidder making the Proposal for the project described as follows: Ole fA tao;" Dr tiu. U fpef" Key Ihll~.1 She 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) 1r~m..~ 5". J..IJfJl./ !fATE . STATE OF S LOR.-t DR- COUNTY OF (Y1 0 ~\ Qr) ~ PERSONALLY APPEARED rnONH\S. ~ GAR ~prrS ('j I"J (name of individual signing) her signature in the space provided above on this b day Of~.QQ'{. ~.itul J:J( Lz.-; NOTARY PUBLIC BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hisl My commission expires: (o[ 12-laJ OMB - MCP FORM #1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: t/IA. ....4Ae. If Ii I ;",~ ( CAre ~&4lch~N Inc, (Name 01 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 Lu~ S; U>DCf I6'ate OMB - MCP#5 MONROE COUNTY ANIMAL~HELTER KEY LARGO, FL ANIMAL SHELTER TRACT Being a ponion of lot 9 in Section I, Township 61 Soutb, Range 39 Ens~ lying sout/roasterly of U.S. Highway I as shown 00 the Model Land Company Plat recorded in Plat Book I, Pll8e 1S8, Public Records ofMoaroe County, PI. and being more plUticularly described as follows: .: Beginning on a rod and cap located at the Intersection of the divisiooalline betwcen the Monroe County Animal Shelter and the Florida Keys Electric Coopcnu{ve AssociliJion, Inc. with the southeasterly right-of-way line of U. S. Highway I, tbem:e Proceed coincident with said soutbeaatcrly right-of-way line N 37 degrees 18 minutes 38 SCl:Onds E, 158.99 feet; thence depart said southCasterfy right-of-way line and proceed S 52 dearecs 44 minutes 25 seconds E, 44.12 feel; thence J!ioceed S 88 degrees 58 minutes3J SCl:Onds E, 70.60 feet to the East line ot said Lot 9; thence proceed coincident with said Easlline S 00 desrees 37 minutes 56 SCConds E, 253.16 teet to a rod and cap in the diYisionalline bctwccn lhe Monroe County AnimaJ Shelter and tbe Florida Keys Electric Coopctative Association, Ine.; lhenco ptOCeac/ coincident with said diYisionalline N 52 degrccs S6 milIItcs S4 SCl:Oncb W, 256.68 teet to tbe Beginning, containing' 0.75 acres. E"hibi+ A P~. I o-t ~ N t '" -\. ~'t' .~ .f . ",. ROOt ". C'" <v ~ !b . "" . ~ OJO; ~ !b' ^J ~ ~ ~ ~~~. -~ O' <VI' <(-. / / fKEC PROPERTY .... ~ ~ !b .AS · ....fb '";jOJ ~ ..... ~ ~ ~ Parking Tract ~ .s 0.23 acres:/: ~. 11" ~..,. . ;l'..?f.s~ ~ 70.60. S 88-58133" E Animal Shelter Tract 0.75 acres:f: [l<ni bl+'~ /I , t6. ~bT ~ ., w - I: Cl to N II) *;.... (Q ,." ..- . o o en ~)(dl.l.~~ ~(Mv\ ~tts.e... MONROE COUNTY ANIMAL SHELTER KEY LARGO,' FL . . PORTION OF LOT 9 TOWNSHIP 61 SOUTH RANGE 39 EAST ... I 1 u = 50. ~co e: LL.I . . co co ... If) n;-.. If) "., N" o o V1 ROD & CAP (FOUND) C 7- f -.'> m'OJ "II ---- ,... '-1 .";0 .' '"11 0'0 ,("11'"11';0 "II'> m'., ,...'}. m'. :'. o' ~ ~ I~ .i' If H If jo/ i~ ,1,: I ':~I'ill;~gi~I:~I'~i~i~I'~,~;mi~i~'~i~'~~;~"~' p -l :~:~'C/1 1S:;[:2: i~ I~ I~ !4;. r= ml/z ~ <!~OlltJll~,5!~!~!iTliomIPI ;=<1 =i ,_.0:< 0."' Ill! .0..::: :I,' I~' I :-Im,7, ~' ~I .;U,~IZ o'm~';o'-'m' i~' -< ":;":;) I!!L ' . -( len I I~ 1 I -. 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As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. EXHIBIT "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 . FirstAidE&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. ANIMALE&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 EXlDBIT "e" PAGE 3 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Li!l~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a nummum: . 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 AM~CONTROLCONTRACT 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 MONROECOUNT~FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCl EXHIBIT "e" PAGE 6 ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERSI COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the OrganizationlIndividual taking possession of the property governed by this lease/rental agreement, the OrganizationlIndividual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Sprinkler Leakage 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 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 "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 "e" 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: HIlN*,e. }fl':"" C.n C...I.h';lI7, I.u.. . Contract for: u."er f(ey.s RIl'IMJ SAe.Jte.r Address of Contractor: 2B3 SQ..~t TholM4S AveMffe _Key L",-,,,, FL 330J'} Phone: ~Di) CfoS3-Dg2 , Scope of Work: P,..v;J~ .ser~ee ...1)' ~.Mtr.e.t .f6~ 1tte. "lSe.... t..~ ~., ffI.. ~,ulty /9".:.....1 c.,.frvl 4'4t:ait.~" ;M 1("1 Lit"., I FL . 1~.SI! tWill 1~."''''.C4!. f'e.(kl~e*e."t~ 4H...1 ..",..,:.cta -tar t,.. "$ervl~~ ...t)''' (...tnut tan'''" n.. C:.IIJl+~I'" ~~ ,Uh,er 1....... f4st re~".~.c.t. . ,,~ .." rA,.. It ':;M,l~f!tt!! Du~Ja.II..ty IItS'.......e.. iii) "^ l . 'Iv · If I"AfL " ,,1 ..~L<. ,re,.ry IUM......c:~ , Signature of Contractor: 71..- 'l. ~ Approved ~ 13~ ..J PO !(r{ Reason for Waiver: Policies Waiver wiJI apply to: Risk Management Date Not Approved County Administrator appeal: Approved: Date: Not Approved: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved: 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: 1. That I am the owner of (name(s) of animal(s) , who have/has been picked up, housed (specify species) or cared for by Monroe County Animal Control. 2. That for the period of (date of 1st charge) ,$ to (date oflast 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 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 0[$500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _ day of , 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 Work.s Division RESOLUTION NO.496 -2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 136-2000 CONCERNING FEES FOR ANIMAL CONTROL SERVICES, IN ORDER TO INCREASE THE COUNTY LICENSE FEE FOR UNSPAYED/UNNEUTERED ANIMALS FROM $20.00 TO $35.00 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Resolution No. 136-2000 is hereby amended to read as follows: SERVICE FEE Pickup: 1'1 lime 2nd lime 3rC time and more within 12 months $ 25 $ 50 $100 The pickup fees set forth above shall be doubled if the animal picked up was not vaccinated for rabies. Board (per night) $ 10 Adoption $ 10 :J: 0 Disposal $ 10 0 0 " :c ;Do ;=: ;0("):0::: ~.. or-~ :t>o , ,." County License: lTJ;:z::-< :z: . 0 (")' 1'/, .." 0("):- spayed/neutered $ 10 <::$;:.:: ex) 0 ;::tl unspayedluOlwutered $ 35 z. 0 -0. -In. :x ;::tl replacement $ 2 :< - .::r; A;: ,." I' ..,. > n r. = ...~ 0 Dangerous Dog Certificate of Regis Irati on !~ ", WI :::0 -.j 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 13 thday of December, 2000. Mayor George Neugent Mayor Pro Tem Nora Williams' Commissioner Charles "Sonny' McCoy . . . Commissioner Murray Nelson "> . Commissioner Dixie Spehar . ~ ~ JU- ~ ~ ~~... . '. ::. .1..... :, BOARD OF COUNTY COMMISSIONERS . ,. ~MONR,O~UNTY' FLO:A s1 ({:.yorfCha;nnalft= (s a~~~Ot"'^' . R 8ERT~ DATE .ff-?rs--r.;::. - EXHIBIT "E" SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE !hO)J,1A' F. (,a f" r~ 11 ~ DAI 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. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 7k, 7. ~ (signature) Date:~ SI 11..~DL/ STATE OF _rLOe.A"D A COUNTY OF fV10NeD~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~m"~ (: GrtO~rnso~' who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 5]bday of ~. 2~, ~~~f( __ NOTARY PUBLIC My commission expires: ~ kJ. (D1 OMS - Mep FORM #4 NON-COLLUSION AFFIDAVIT I, Th. 01t14$ F: (;4 rre:tt oS "N of the city of Ke v J..... rj'D according to law on my oath, and under penalty of perjury, depose and say ttfat; , ,. " 1) I am Pr~~ file" t~ HII.IMA.,U, All. WI.... I ~..e. ~~, the bidder making the Proposal for the project described as follows: (}!etlAtlO~ ~f ttu. Ut',ef" Key lhtl';'.1 She/fer' 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..~ 5": J../)~l/ STATE OF 5LOf2...i DR- COUNTY OF (Y1() l\.\Qr\ ~ PERSONALLY APPEARED 7ttoNl ~ s. r: GAR- t? (7 rrS c") ,...,:) (name of individual signing) her signature In the space provided above on this b day Of~~: CJJu..lLt.t t:J (' ~ NOTARY PUBLIC BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hisl My commission expires: Co { 12...( a] ~NIIc. .... of I'IIIIIr.ta . ,_12.2007 Col......... 11 oo222.qo ......._NaIOnaI NobvAM OMB . MCP FORM #1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: fiIA.JMAAe. Ill'll';"'~ ( - C.Are. ~a-.lltL~N 1 Inc. (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 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 J:;~u~ S; :U>Dff ate OMB - MCP#5