04/20/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 26, 2005
TO:
James Malloch, Director
Community Services
ATTN:
Sandy Molina, Assistant
to the Division Director
Pamela G. Hanc~
Deputy Clerk U
FROM.
At the April 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Pet Sheltering Agreement between Monroe County and
the Florida Keys Society for the Prevention of Cruelty of Animals, Inc. located in Key West; and
also between Monroe County and Stand Up for Animals, Inc. located in Marathon, showing those
organizations' willingness to participate in the staffing and other needs of Monroe County's Pet
Friendly Special Needs Client Shelters as spelled out in the Pet Friendly Sheltering Plan.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Animal Control Agency
PET SHELTERING AGREEMENT
THIS AGREEMENT is made and entered into by and between the Board of
County Commissioners of Monroe County, Florida, (hereinafter referred to as the
"County") and Stand Up For Animals, Inc. (hereinafter referred to as "Contractor");
WHEREAS, several organizations, including Contractor, have worked with County
staff to establish a Pet Friendly Special Needs Clients Sheltering Plan; and
WHEREAS, certain not-for-profit organizations contract with the County to provide
services to operate the animal shelters for holding and adopting out animals and to
conduct animal control law enforcement; and
WHEREAS, these not-for-profit organizations already contracting with Monroe
County are willing to participate in the Pet Friendly Special Needs Clients Sheltering Plan;
NOW THEREFORE; in consideration of the mutual promises contained herein, the
parties agree as follows:
1 . Contractor agrees to provide the services designated for the Contractor in
the Pet Friendly Special Needs Clients Sheltering Plan, as it may from time to time be
amended by the County Commission, and which is incorporated herein by reference.
2. No person or entity shall be entitled to rely upon the terms, or any of them, of
this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree" that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in the Agreement.
3. Contractor covenants and ag"rees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury eincluding
death), personal injury, and property damage eincluding property owned by Monroe
County) and any other losses, damages, and expenses eincluding attorney's fees) which
arise out of, in connection with, or by reason of the services provided, or other activities
and funding associated with this agreement.
4. Contractor shall maintain records pursuant to generally accepted accounting
principles for three (3) years after the event and shall permit County and its agents and
employees access to said records at reasonable times.
5. County may terminate this agreement without cause upon providing written
notice to Contractor no less than thirty (30) days prior to the effective date of the
termination.
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Animal Control Agency
6. Contractor is an independent contractor and shall disclose any potential
conflicts of interest as defined by Florida Statutes, Chapter 112 and Monroe County Code,
Article XXI.
7. Contractor warrants that he/she/it has not employed, retained or otherwise
had act on his/her/its behalf any former County officer or employee in violation of Section
2 or 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 the provision the County may, at its
discretion terminate this contract without liability and may also, at 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 or present County officer
or employee.
8. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list eCATEGORY TWO: $15,000.00).
9. Contractor contracts with COUNTY to provide animal control law enforcement
and pet shelter services. The insurance coverage required under the pre-existing contract
between COUNTY and Contractor shall apply to this agreement and is incorporated herein by
reference.
10. This Agreement is governed by the laws of the State of Florida. Venue for any
litigation arising under this Agreement must be in Monroe County, Florida. In the event of
any litigation, the prevailing party is entitled to attorney's fees and costs.
11 . Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FI. 33040
and
County Attorney
PO Box 1026
Key West, FI. 33041-1026
and
Louis LaTorre, Director
Monroe County Social Services
1100 Simonton Street, Key West, FI. 33040
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Animal Control Agency
FOR CONTRACTOR:
Linda Gottwald, President
Stand Up For Animals, Inc.
10550 Aviation Blvd.
Marathon, FI. 33050
305 743-3779
12. The signatory for the Contractor, below, certifies and warrants that:
ea) The Contractor's name in this agreement is its full name as designated in its
corporate charter.
eb) He or she is empowered to act and contract for Contractor.
ec) This agreement has been approved by the Contractor's Board of Directors.
13. 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.
14. Nondiscrimination. County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 ePL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended e20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended e20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended e42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 ePL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 ePL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 e42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 e42
USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination
on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
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Animal Control Agency
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
HEREOF, each party has caused this ~eementto be executed
resentative, the 2.ot:J. day of ~ ,2005.
Board of County Commissioners
of Monroe County
~);u >n ~tUJ
Mayor/Chairman
Witnesses:
Contractor:
Stand Up for Animals, Inc.
By ;5(!;/r~'- ~(:6:nLe-1j:f M.d
President
Witness
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