05/18/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 24,2005
TO:
James Malloch, Director
Community Services
ATTN:
Sandy Molina, Assistant
to the Division Director
FROM:
Pamela G. Han~
Deputy Clerk \:y
At the May 18, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
vContract between Monroe County and the Florida Keys Society for the Prevention of
Cruelty to Animals, Inc. for operation of the Key West Animal Shelter in the amount of $365,625
per year for a period of five (5) years; and Resolution No. 165-2005 concerning the Transfer of
Funds (to fund Contract through the end of Fiscal Year). Enclosed is a duplicate original of the
Contract and a copy of the subject Resolution for your handling.
Contract between Monroe County and Stand Up for Animals, Inc. for operation of the Big
Pine Key and Marathon Animal Shelters in the amount of $248,598.00 per year. Enclosed is a
duplicate original for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ./
Resolution No.
165 - 2005
A RESOLUTION CONCERNING mE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2005, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2005 as, hereinafter set forth to
and from the following accounts:
Fund # 001- General Fund
From: 001- 5130-85500-590990
Cost Center # 85500-Reserves 001
For the Amount: 512,968
To: 001-5620-21000-530340
Cost Center # 21000-Animal Shelters
Other Uses
Other Contractual Services
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of May AD 2005,
Mayor Spehar Yes
Mayor Pro Tern McCoy Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Nelson Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~tf >n ~
ayor/Chamnan
Item 5 transferpwgastax Page I of I
CONTRACT
(Operation of Key West Animal Shelter)
TInS CONTRACT, is entered this 18th day of May. 2005, by and between the
Board of County Commissioners of Monroe County, Florida (COUNTY), and THE
FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC"
(CONTRACTOR).
WHEREAS, County has certain responsibilities under State and County laws, to
provide animal control services and enforcement of laws related to animals; and
WHEREAS, it has been determined that it is in the ~est interest of the residents of
and visitors to the County that a contract with a private provider of such services, NOW
THEREFORE
IN CONSIDERATION OF the mutual promises contained herein, the parties
agree as follows:
I. TERM OF AGREEMENT:
This agreement shall be for a five (5) year period beginning, July 1. 2005 and ending at
12:00 midnight on June 30. 2010. The term of this agreement shall be renewable in
accordance with Section IV.
II. PAYMENT:
The total compensation to be paid to the Contractor in consideration of its services under
this Agreement shall be $365,625,00 per annum, The County shall pay the Contractor on
a per month in arrears basis in an amount equal to 1/12 of the total cost of the contract, or
$ 30.468.75 per month. The Contractor shall provide a monthly invoice on the 1st day of
each month to the Division of Community Services, and payment shall be made on or
about the 1 st day of the following month, In the event that 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.
III. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to
operate the Key West Animal Shelter located at 5230 College Road, Key
West, Florida, 33040, and provide complete animal control and enforcement
services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including
the City of Key West.
1. STAFF: The Contractor will fully staff, operate and perform all
current functions of the Shelter, as further identified in the training manual to be
prepared by Contractor; said training manual will be reviewed and approved by
the Director of Community Services or his designee prior to implementation.
2. COMPLIANCE WITH LAW: The Contractor shall cooperate with the
Monroe County Health Department and follow all local and state laws,
regulations and procedures, including but not limited to F.A.C. 10D-3.091,
Procedures for Control of Specific Communicable Diseases and Chapter 64B 16-
29, Animal Control Shelter Permits.
3. CARE OF ANIMALS:
(a) The Contractor will receive and properly confine all animals that
are brought to the Shelter or which become the responsibility of
the Shelter. All animals in the custody of the Contractor shall have
a constant supply of fresh water and be fed a diet appropriate for
their species, breed, age and physical condition.
(b) The Contractor shall provide appropriate care for sick and injured
animals in its custody and shall obtain the services of a
veterinarian who is licensed by and in good standing with the
Board of Veterinary Medical Examiners for the State of Florida for
consultations and/or professional services.
( c) The Contractor shall provide the personnel and materials necessary
to humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelter. The primary drug to be
utilized for euthanasia shall be sodium pentobarbital, and the
Contractor shall administer euthanasia to those animals designated
for destruction in a humane manner and consistent with state and
county laws and regulations. The Contractor's personnel who
perform euthanasia will have appropriate certificates attesting to
the employee's authority to perform euthanasia, and copies of the
certificates will be forwarded to the Director of Community
Services or his designee.
(d) The Contractor shall provide heartworm testing to all adoptable
dogs, provide deworming to all adoptable animals, and shall have a
program in place for flea and 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.
4. MAINTENANCE OF PREMISES: The Contractor shall maintain the
Shelter, including kennel areas, cages and euthanasia room, and all
equipment in a clean, safe, and sanitary manner.
5. ADOPTIONS:
(a) The Contractor shall ensure that rabies inoculations will be given
to all adopted and redeemed animals as required by law.
(b) The Contractor will provide an adoption service through the
Shelter for the purpose of securing suitable homes for adoptable
animals. The Contractor shall follow appropriate criteria to insure
that each companion animal is given a suitable home through basic
screening procedures that evaluate both the animal to be released
and the potential adopter in an effort to assure that the animals
adopted are being placed in long-term homes. The screening
procedures shall be reviewed periodically by the Director of
Community Services or his designee as to form and practicality.
All adoptable animals will be available for inspection by the public
during normal working hours. The Contractor shall utilize the
Adoption Agreement attached hereto as EXHmIT "A," unless
modified by written and signed directive from the Director of
Community Services.
( c) The . contractor shall enforce the proVisions of the contract,
including, but not limited to, taking any action necessary to ensure
that an adopted animal is spayed or neutered prior to releasing the
animal or transferring ownership to its adopter.
6. ISSUANCE OF COUNTY LICENSES: The Contractor will issue
license certificates for dogs as required by the Monroe County Code
and collect the fees established by County Resolution therefor. The
Contractor will be responsible for determining that all requirements
have been satisfied by an applicant prior to issuing a license certificate
and shall remit all fees therefor to the County.
7. POLICIES AND PROCEDURES MANUAL: The Contractor shall
maintain a Policies and Procedures Manual for guidance of all staff.
At a minimum, it shall set forth the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other
disposal of animals.
3. Protocols for responding to calls for animal control services,
whether in the nature oflaw enforcement, pick-up of dead animals,
or other.
4. Protocols for daily maintenance of premises and equipment,
including vehicles.
5. Training Staff
a. prerequisites for certain positions
b. keeping staff current
6. Training provided* shall include:
a. Shelter Policies & Procedures (required of all staff,
including volunteers)
b. Basic Pet Care
c. Veterinary Health Care
d. Animal Behavior
e. Animal Handling
f. Breed Identification & characteristics
g. Obedience Training
h. Behavior Problem Solving
I. Counseling Methods
J. Conflict Management (required of all law enforcement
personnel)
k. Grief Counseling
1. Telephone Manners and Customer Service Skills
*Items a & j must be at least in part provided in a
classroom or seminar type setting, with live or video
teaching. All other training may be self-study, although
some in-person or video training is highly recommended.
Training shall be provided appropriate to the position filled
by the worker, whether that worker is an employee or a
volunteer.
7. Adoption Guidelines, which shall absolutely require sterilization
of all animals prior to release to adopter. Other guidelines shall
address, at a minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for
providing care, safe environment, veterinary bills for life of the
animal.
c. Animal's disposition and that of members (human and animal)
of the household to enhance as well as possible the probability
of successful placement.
8. HOURS OF OPERATIONS: At a minimum, the Shelter shall be open
to the public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday,
and from 10:00 a.m. to 2:00 p.m., Eastern time, on Saturdays.
Hours of operation may be adjusted only upon mutual written consent of the
County and the Contractor.
B. ENFORCEMENT SERVICES: The Contractor will provide complete
animal control and enforcement services within the Service Area described above,
including, but not limited to:
1. Training of Animal Control Officers: The Contractor shall provide
that all animal control officers complete the mandatory certification program
outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida
Animal Control Association); said training shall be completed on a timely basis
after a 90-day probationary period. The Contractor is to provide the Director of
Community Services, or his designee, with copies of the Animal Control Officer
Training Program Certificates.
2. Emergency services (24-hours per day17-days a week) for Priority One
calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm-blooded creature;
c. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis;
4. Picking up dogs that are running at-large;
5. Picking up cats or raccoons captured in cat or raccoon traps;
6. Non-emergency animal pick up from residential homes during normal
operating hours;
7. Picking up dead animals along County or City rights-of-way and arrange
for proper disposal in accordance with all applicable laws, regulations and
ordinances;
8. Disposing of any animals that are euthanized or that expire while in the
care, custody, or control of the Contractor, in accordance with all
applicable laws, regulations and ordinances.
9. Investigating all reports of violation of local and state ordinances and
regulations relating to animal control and, when warranted by the facts,
issue citations and/or prosecute all persons charged with violation of said
ordinances and regulations, which includes representing Monroe County
in court proceedings when required. Further, upon termination of this
agreement, the Contractor shall complete all cases originated by
Contractor including representing the County in court if necessary.
10. Complying with all applicable County ordinances and regulations as well
as the laws of the State of Florida.
C. FEES. The Contractor shall collect and remit to the County all funds that are
collected for fees, license certificates, citations, penalties, adoptions, etc. In this
regard, the Contractor shall issue receipts and keep appropriate records of all funds
received and shall provide the Director of Community Services or his designee with
copies of daily cash reconciliation forms, daily bank deposit information and
original license certificates that are issue on a bi-weekly basis. All funds must be
deposited into specific Monroe County bank accounts, and all requests for waiver of
any fines or fees owed to the County must be submitted in writing on the County-
approved affidavit form to the Director of Community Services or his designee, said
affidavit form is attached hereto and marked Exhibit "B." The Contractor shall
only charge fees as outlined in Monroe County Resolution No. 496-2000, as same
may be amended from time to time; said Resolution is attached hereto and marked
Exhibit "c." The Contractor shall not charge any other fees for services at the
Shelter unless authorized by the County to do so.
D. REPORTS. The Contractor shall provide the Director of Community Services
or his designee with copies of all bite reports and citations that are issued on a bi-
weekly basis. Contractor shall submit on a monthly basis to Director of Community
Services the following reports:
(1) Adoption Reports, by species & age (mature/immature), with separate
accounting showing
Pure breed; returns and reasons; adoption denials.
(2) Complaint Reports, showing numbers for bites, nuisances, cruelty, other; also
showing manner received (telephone call, letter, visit to office, encounter in
course of duties); and the action taken for each.
(3) Euthanasia, by species & age (mature/immature), and showing number which
were feral, diseased or injured.
(4) Number of animals taken in, by species & age (mature/immature) and
showing numbers brought in, picked up & redeemed.
(5) County Fees collected, designating the fees collected for each of the
following: licenses,
pick-up, intake, boarding, adoption, disposal & euthanasia.
(6) Average number of days of boarding by species & age (mature/immature).
(7) Total number of animals (by species) at the shelter at beginning of month and
the total number of animals (by species) at the shelter at the end of the month.
E. HURRICANE OR OTHER NATURAL DISASTER: In the event of a
hurricane or other natural disaster, the Contractor shall make its best efforts to properly
house and care for all animals. In this regard, the Contractor shall designate at least three
(3) employees who will be able to remain in the County to care during the disaster for the
animals which have not been evacuated and after the disaster for animals not evacuated
and any animals which are at large, The Contractor will supply those employees' names,
addresses and telephone numbers to the County Administrator who may, at his discretion,
require the Contractor to have the listed employees remain in the County during and after
a Category 1,2 or 3 Hurricane or natural disaster.
F. PETS IN SHELTERS: Contractor shall provide the selVices designated for the
Animal ControVShelter Contractor in the Pet Friendly Special Needs Clients Sheltering
Plan to provide evacuation of pets of Special Needs Clients and assistance with care of
said pets.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in the Agreement.
IV. RENEWAL:
The County shall have the option to renew this agreement after the fifth year, for one (1)
additional five-year period. The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the Consumer Price Index (CPI) for
all urban consumers (CPI-U) for the most recent 12 months available,
V. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all
applicable fees for any permits and licenses necessary to operate the Shelter. By
signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set
forth in these contract documents, Proof of such licenses and approvals shall be submitted
to the County upon request. The Contractor has, and shall maintain throughout the term
of this contract, appropriate licenses and approvals required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner,
VI. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly
considered to be independent contractors in their performance of the work contemplated
hereunder, As such, the Contractor, its agents and employees shall not be entitled to any
of the benefits, rights or privileges of County employees. The provider shall at all times
exercise independent, professional judgment and shall assume professional responsibility
for the selVices to be provided.
VII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance.
Contractor shall provide services using the following standards, as a minimum
requirement:
A. The Contractor shall provide at its own expense all necessary personnel to
provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
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. VEIllCLES:
The County hereby leases to the Contractor one (1) County vehicle currently assigned to
the Shelter identified as follows:
2003 Chevrolet Astro Van (Unit 0910/081)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies
necessary to operate the vehicles. In addition, the Contractor shall be responsible for
repairs to said vehicles and shall maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "D." The Contractor shall provide an average of four
(4) oil changes annually for each vehicle, and shall schedule vehicle inspections with
Monroe County Fleet Management no less than three times annually for each vehicle.
The Contractor may choose the option of paying Fleet Management for oil changes and
preventative maintenance, at Fleet's current annual rates, or utilize private garages and
provide receipts to the Director of Community Services or his designee to document and
verify that the required maintenance has been performed. Nothing herein shall prevent
the County from inspecting the vehicles at any reasonable time.
X. HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners and the County Court of Monroe County from any and
all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason
of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor
or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained within this agreement.
Prior to commencing services under this agreement, the contractor shall furnish the
Owner Certificates of Insurance as indicated on forms entitled General Insurance
Requirements for Animal Control Contracts, Animal E&O, ED2, GLAnimals, VLl,
WCl, All Risk Property Insurance and TCS, as attached hereto and incorporated as in
EXHffiIT "E."
XI. DONATIONS:
The Contractor shall issue receipts and keep appropriate records of all donations received
at the Shelter by Contractor. Said donations shall be used by Contractor only for the
benefit of shelter animals or animals for which Contractor provides spay/neuter or other
services, and shall not be used to defray or reduce County funding in the future. In the
case of donations solicited by third parties on behalf of the Contractor, the donating entity
must make its financial records pertaining to the donated funds available to
representatives of the Contractor and the County during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all
monies collected on behalf of the Contractor, minus an amount not to exceed 5% of the
total collected for administrative expenses, are in fact donated to the Contractor for the
benefit of shelter animals. If a prospective donating entity is unwilling or unable to
comply with the foregoing requirement, then the Contractor may not accept any
donations from that entity.
XII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition,
and the Contractor shall allow the County to inspect said facilities and equipment at any
reasonable time. In addition, all operating supplies and any additional equipment such as
catch-all sticks, cages and the like shall be the responsibility of the Contractor.
XIII. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an
inventory of all supplies, materials, medicines and equipment at each Shelter and the
inventory lists prepared therefrom shall be signed by both parties hereto.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the premises provided by
the County and the district for which he shall provide services and has made
investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this
work and he assumes full responsibility therefor. The provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the Owner
than against the Contractor.
XV. MAINTENANCE:
The Contractor shall maintain and be responsible for the costs of repairs to the Shelter
buildings, grounds, and equipment in order to keep same in proper working condition.
Prior to commencement of repairs, the County must be notified, in writing, of repairs
estimated to cost over $1,000.00. If such repairs are approved by the County, the
Contractor shall pay the first $1,000.00 of cost regardless of the total cost of said repairs.
XVI. IMPROVEMENTS OR MODIFICATIONS TO FACILITIES:
No improvements or modifications may be made to the Shelter, appurtenances, or
surrounding properties without the prior written approval of the County.
XVII. FUNDRAISING:
The Contractor may use the Shelter for fundraising or for selling merchandise after its
items have been reviewed and approved by the Director of Community Services or his
designee. Requests for events shall be requested by the Contractor in writing and
approved by the County Administrator in writing. Funds raised by the Contractor from
fundraising or events at the Shelter shall only be used to benefit the shelter animals or
animals for which Contractor provides spay/neuter or other services, and shall not be
used to defray or reduce County funding in the future.
XVIII. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or
Contractor agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (pL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
XIX. INSPECTION OF BOOKS AND F ACILITIES/ AUDIT/ACCOUNTING:
The Contractor shall maintain the financial records in accordance with generally accepted
accounting principles, and allow the County to inspect its books and records and the
shelter facilities at any reasonable time. In addition, the Contractor shall, at its expense,
provide the County with an annual audit prepared by an independent Certified Public
Accountant. Contractor shall retain all records pertaining to this agreement for a period
of three years after term expires.
XX. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject
to any provisions providing exemption from disclosure.
XXI. MEDICAL RESEARCH:
In no event shall any animals under the care, custody, or control of the Contractor be
given, bartered or sold to any medical research company.
XXII. CAT/RACCOON TRAPS:
The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent
to the public upon payment of a deposit fee. All deposit fees collected by Contractor
shall be returned to the renter upon return of the trap or, if the trap is not returned to
Contractor, the deposit fee will be retained by the Contractor in order to purchase
replacement traps. At the end of this agreement, the Contractor will return the same
number of cat/raccoon traps to the County as the County had provided at the beginning of
this agreement. Nothing herein shall preclude Contractor from purchasing and renting its
own cat and raccoon traps.
XXIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the Owner of any defect in the services
furnished by the Contractor, shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
County may immediately terminate the Agreement due to any violations by Contractor
of criminal statutes governing humane and cruel treatment of animals. Any other
Contractor breach of this agreement shall be governed by the article above on termination
for cause.
The Contractor agrees that the County Administrator may designate representatives to
visit the facility(ies) periodically to inspect Contractor's maintenance of the premises,
and care provided to animals. The Contractor agrees that the County Administrator may
designate representatives to visit the facility(ies) periodically to conduct random open file
evaluations during the Contractor's normal business hours.
XXIV. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor
with written notice of termination at least sixty (60) days prior to the date of termination.
XXV. TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the
occurrence of 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.
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.
XXVI. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and Contractor, which approval shall be subject to
such conditions and provisions as the Board may deem necessary. This paragraph shall
be incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
XXVII.
COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Contractor shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of, such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the contractor. The contractor shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
XXVIII.
DISCLOSURE AND CONFLICT OF INTEREST:
A. The Contractor represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services required by
this contract, as provided in Sect. 112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the
Contractor shall notify the County of any financial interest it may have in any and
all contracts with Monroe County.
XXIX. FINANCIAL RESPONSmILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
The Contractor further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
XXX. NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
and
County Attorney
PO Box 1026
Key West, FL 33041-1026
and
James E. Malloch, Director
Monroe County Community Services Division
1100 Simonton Street, Rm. 2-256
Key West, FL 33040
FOR CONTRACTOR:
Gwen Hawtof, M.D. President
Florida Keys Society for Prevention
of Cruelty to Animals, Inc.
1901 South Roosevelt Blvd., 408N
Key West, FL 33040
XXXI. TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales
tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
the Contractor authorized to use the County's Tax Exemption Number in securing such
materials. The Contractor shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
XXXII.
GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
XXXIII. PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide goods or
services to a public entity, may not submit a bid on a contract with a public entity for
construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, F.S. for CATEGORY TWO for a period of36 months from the date of
being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00).
XXXIV. AUTHORIZED SIGNATORY: The signatory for the Contractor, below,
certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its
corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
XXXV. ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor
for the services contemplated herein. Any amendments or revisions to this agreement
must be in writing and be executed in the same manner as this agreement.
WHEREOF the parties hereto have executed this Agreement on the day
.:~ten above in four (4) counterparts, each of which shall, without proof or
other counterparts, be deemed an original contract.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By: {)J~ >n ~
Mayor/Chairman
(SEAL)
WITNESS
FLORIDA KEYS SOCIEITY
PREVENTION OF CRUELTY
ANIMALS, INC.
~it;e~mll
FOR
TO
Attest:
By:
By:
WITNESS
MONROE COUNTY ATTO
APPROVED
,7"::,' SUZANNE A. HUTTON
"ASSISTANT 99urb~TORNEY
Date -')107--
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EXHIBIT" A"
FORMS REQUIRED TO BE USED BY CONTRACTOR
ADOPTION AGREEMENT
(ORGANIZATION'S NAME)
Monroe County, Florida
This Agreement is entered into between (name of Adopter), the "Adopter," and (name of organization),
the "Agency" this (.lli!y) day of (month) , 200__
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
1. Agency shall release to Adopter the animal described in Receipt No.
2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on
a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without
further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital
disorder. Any return after that time or for other than a congenital disorder will be subject to the
Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter
care for the County shelter, none of the adoption or other related preparatory fees are refundable.
3 _ In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages
against Agency and Monroe County, their officers, employees, agents and representatives which may
result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for
the animal, damages or injury to property or person.
4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement that the animal has been neutered/spayed or shall return the animal to the Agency for such
procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay
all costs, including court costs and attorney's fees of the Agency_ Should a Court adjudicate this
issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be
entitled to injunctive relief requiring the spay/neuter surgical procedure.
5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in
force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal
without first giving Agency the right to take possession and ownership of the animal, subject only to
the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter)
(Signature of Agency Representative)
EXHmIT "B"
AFFIDAVIT OF INABILITY TO
PA Y ANIMAL CONTROL CHARGES
I, , (name) who being first duly sworn. in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
1. I am the owner of
(name(s) of animal(s)
who are, respectively,
, and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
, $
2.
For the period of
to
(date of 1 st charge)
(date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one)
1) the charges ( or)
2) any more than 5
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 $500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked. brieflv
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 SlTBSCRIBED before me this _ day of . 200_, by
, who is personally known to me _ or who produced
.as identification.
Notary Public - State of Florida at large
Concur
Animal Control Director
Concur
County Administrator
~ic Works Division
RESOLUTION NO.'196 -2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA. AMENDING RESOWTJON NO. 136-2000
CONCERNING FEES FOR ANIMAL. CONTROL SERVICES: IN ORDER TO
INCREASE THE COUNT( LICENSE FEE FOR UNSPAYEDIUNNEUTERED
ANIMALS FROM $20.00 TO $35.00
BE IT RESOL.VED BY THE BOARD OF COUNT{ COMMISSIONERS OF MONROE COUNTY.
FLORIDA, as follows:
Resolution No. 136-2000 is hereby amended to read'as follows:
SERVICE
m
Pickup: .
The pickup fees set forth above shall b~' doubled jf the animal picked up was not vaccinated for rabies.
Board (per night) $ 10
1Sltime
ZMtime
3rd time and more within 12 months
$ 25
$ 50
$100
Adoption
Disposal
County License:
$ 10
$ 10
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replacement ..
$ 10
$ 35
$ 2
Dimgerous Dog Certificate of.Registration
.First Year
Annual renewal
.'
$100
$ 50
PASSED AND ADOPTED by the Soard of County Commissioners of Monroc County. Aorida, "I a
regular meeling of the Soard held on the 13 thday .of. Uecemb In'' . I 2000" .
Mayor George Neugent. . :
. Mayor Pro Tern Nora Williams.' <',,:;
(:/0 tJ~. Commissioner Chanes "Sonny", MpCoi .
_ . . Commissioner Murray Nelson . >
\. . Commissioner Dixie Spehar '.
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./~ LKOLH E, CLERK ':^",., /~~~i~~~~~~~F~~~~~NERS,
~ (Jd~"""~~'0,e JI7~~A~\f
O""MaYOr/Chairm~ (s
APPROVED AS
B~ WFOR}~.
.~
DATE /1'- ?g:--,o,;:;,
EXHmIT "C"
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EXIllBIT "D"
51
EXHIBIT "E"
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Animal Control Contracts
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-
staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The Contractor will ensure that
the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-staging
of personnel and material) until satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of work, resulting from the failure of the
Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified
in this contract and any penalties and failure to perform assessments shall be imposed as if the work
commenced on the specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract and any
extensions specified in the attached schedules. Failure to comply with this provision may result in the
immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in
the completion of work resulting from the failure of the Contractor to maintain the required insurance
shall not extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the
required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,
or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by
the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by
Monroe County Risk Management.
ANIMAL CONTROL
ERRORS AND OMISSIONS LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain Animal Control
Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
. False Arrest, Detention or Imprisonment
. Malicious Prosecution
. Wrongful Entry and Eviction
. Assault and Battery
. First Aid E&O
. False or Improper Service of Process
. Violation of Property Rights
. Violation of Civil Rights
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limits (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
ANIMAL E&O
EMPLOYEE DISHONESTY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insuranc
which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the
Contractor's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
ED2
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
AN~LCONTROLCONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Li.a~ility Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minImum:
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the termination of the contract.
The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or
related to animals.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
GLAnimals
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization
shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be
maintained throughout the life of the Agreement and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
. Physical Damage Protection
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. In addition, the Monroe County Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage protection.
VLl
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
A~CONTROLCONTRACT
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.
WCl
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
ANIMAL CONTROL SHEL TERS/
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 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.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA nON
MANUAL
Indemnification and Hold Harmless
for
Animal Control Contracts
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners from any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act or omission of the Contractor or its Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the
standard insurance requirements specified within this manual. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured - If a letter from the Insurance Company
(not the Agent) is presented, stating that they are unable or unwilling to name the County as an
Additional Insured, Risk Management has been granted the authority to waive this provision.
and
. The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for
consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts,
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or the Board of County Commissioners, who retains the final decision making authority.
MONROECOmnY,~ommA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal: Approved:
Not Approved:
Date:
Board of County Commissioners appeal: Approved:
Not Approved:
Meeting Date: