5th Amendment 08/17/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: August 22, 2011
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto, Assistant Director
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the August 17, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
Item C14 Fifth Amendment to Contract between Florida Keys Society for
Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter.
Enclosed is a duplicate original of each 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
FIFTH AMENDMENT TO CONTRACT
BETWEEN FLORIDA KEYS SOCIETY OF
PREVENTION OF CRUELTY TO ANIMALS, INC.
AND MONROE COUNTY DATED MAY 18, 2005
This Fifth Amendment to the Agreement dated May 18, 2005 is entered into this 1/ day of
2011, between Florida Keys Society of Prevention of Cruelty to Animals, Inc., a Florida non - profit
corporation, ( "CONTRACTOR ") and Monroe County ( "COUNTY ").
WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006,
September 210, 2006, May 17, 2007 and February 16, 2011, May 18, 2011, and as renewed on April 21,
2010; and
WHEREAS, pursuant to a request by the County Administrator the three animal
Control contractors were audited by the Clerk of the Court, including the Florida Keys SPCA; and
WHEREAS, the audit report of Florida Keys SPCA made findings and recommendations; and
WHEREAS, the auditor's recommend that the contract for animal services be revised to require
pre -audit of contractor expenditures on a reimbursable basis similar to contracts with other agencies
and private non - profits that provide public services; and
WHEREAS, in order to ensure that expenditures of public funds are appropriate and ensure that
funds and donations are appropriately reported and spent; and
WHEREAS, in order address the findings of the audit and to continue a contractual relationship
between the CONTRACTOR and COUNTY;
NOW THEREFORE, in consideration of the mutual promises and considerations, the parties
agree to amend the contract as follows:
1. Section II Payment of the contract shall be amended to read in its entirety as follows:
11. AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS
The County, in consideration of the Contractor substantially and satisfactorily performing and carrying
out the duties of the County as to providing animal control services and enforcement of laws related to
animals in Monroe County, Florida, shall pay to the Contractor the sum of Three hundred and ninety -five
thousand six hundred and forty-five DOLLARS and twenty -six CENTS ($395,645.26) per year on a
reimbursement basis equal to 1/12 of this amount or $32,970.44 per month. If a reimbursement request
is less than the per month reimbursement amount of $32,970.44, the unused balance will be rolled over
and available for future reimbursement request.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the Contractor.
The Board shall not be obligated to pay for any services or goods provided by the Contractor after the
Contractor has received written notice of termination, unless otherwise required by law.
A. PAYMENT
Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement
requests will be submitted to the Public Works Department. The County shall only reimburse, subject to
the funded amounts below, those reimbursable expenses which are reviewed and approved as
complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and
Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be
in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of
invoices) attached. The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be
received within sixty (60) days after the termination date of this contract as shown in Article I above.
After the Clerk of the Board examines and approves the request for reimbursement, the Board shall
reimburse the Contractor. However, the total of said reimbursement expense payments in the
aggregate sum shall not exceed the annual total amount shown in Article II of this agreement.
The Contractor shall furnish to Public Works Department within ten days of the date of this amendment
the following:
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of; for each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers; and
(f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug
and alcohol free workplace provisions, and equal employment opportunity provisions; —_
The Contractor shall cooperate with County monitoring visits that the County may request during the
contract year, and shall provide such other reasonable reports and information related to compliance
with applicable laws, contract provisions and the scope of services that the County may request during
the contract year.
2. Section III(A)(1) STAFF shall be amended by adding the following:
The Contractor shall provide a list of employees by name and title, including but not limited
to, shelter manager(s) and animal control officer(s).
3. Section III(A)(3)(d) shall be amended to read in its entirety as follows:
(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. The Contractor shall
provide FIW and Feline leukemia testing for all cats retained in the facility for adoption.
2
4. Section III(C) FEES, shall be amended by adding the following:
In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the
county pursuant to Sec. 4 -39, Monroe County Code, the animal control contractors may charge animal
owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15,Florida
Statutes, vaccinations not covered by the County, and any other services provided to the public which
are not required by the County contract. The Contractor shall charge no more to the public than the
average cost: of any of the services provided which are not required under this contract.
5. Section IIII(D) REPORTS shall be shall be amended to read in its entirety as follows:
On a bi- weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all
bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report
utilizing the form marked as Exhibit "G4" as same may be amended from time to time.
6. Section IX VEHICLES shall be amended by adding the following:
Contractor is not permitted to take a County vehicle out of Monroe County unless prior written approval
is received from the Director of Public Works or designee. In the event of a manmade or natural
disaster for which there is adequate objective evidence available to justify the inability to obtain prior
written approval, the Contractor shall obtain the approval within 30 days of the disaster event. If the
contractor acquires or uses any other vehicle(s) in performing/providing services under this agreement,
the contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle
identification number) and the contractor must adhere to all insurance coverage requirements under
this contract. If County funds are used to acquire any vehicles, then upon termination or expiration of
the contract those assets will become the property of Monroe County, unless otherwise agreed to by
the County.
7. Section XII FACILITIES AND EQUIPMENT shall be amended by adding the following:
A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to
purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing
from the Public Works Department.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by the
County. The Contractor shall maintain a list of all capital assets even those purchased without County
funds, noting whether acquired with County funds or other funding sources and the Contractor shall
provide said list to the Public Works Department, as amended, when additional capital assets are
acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida
Statutes.
8. Section XI DONATIONS shall be amended to read in its entirety as follows:
XI. DONATIONS AND GRANTS:
The Contractor shall issue numbered receipts, keep appropriate records, and account separately for all
donations and grants received by Contractor:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that the
funds may be used out of County
Said donations and grants shall be used by Contractor only for the benefit of animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
9. Section XVII FUNDRAISING shall be amended to read in its entirety as follows:
FUNDRAISING:
The Contractor may not use the Shelter facilities for fundraising events or for selling merchandise or
services unless requested in writing and approved in writing by the County Administrator and unless the
funds raised, less related costs, are used for the benefit of the animals in Monroe County. Requests for
events shall be requested by the Contractor in writing and approved by the County Administrator in
writing, but may be made for more than one event or sales program at a time.
The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4-
39, 4 -45, 4.46 and 4 -66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as
same may be amended from time to time. Said fines and fees shall be remitted to the County as set
forth in Sec. 4 -39 of Monroe County Code.
Contractor shall account separately for all donations and funds received:
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that the
funds may be used out of Monroe County.
Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations
received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
10. Section XIX INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING shall be amended to read
in its entirety as follows:
XIX. INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
4
Each party 'to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an
independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred eighty (180) days following the
close of the Contractor's fiscal year. If this agreement is terminated early, the County has a right to
demand an accounting of all funds held by the Contractor.
The Contractor shall also allow the County to inspect the shelter property, facilities or vehicles at any
reasonable time.
11. Section II0)(1), III(A)(3)(c), lll(A)(5)(b), III(A)(7)(d), III(B)(1), III(C), III(D), and IX shall be amended to
delete "Director of Community Services" and replace with:
"Director of Public Works"
1 The remaining terms of the contract dated May 18, 2005, and amendments thereto, not
iricoasistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the
Agreg�ment as of the date first written above.
(SEAL}
Attest:.DANNY L. KOLHAGE, CLERK
Ila
By:a �_awa�A)
Deputy Clerk
Attest:
By: _
WITNESS
R U n
BOARD OF COUNTY COMMISSIONERS �,A
OF MONROE COUNTY, FLOIDA
By:
Mayor /Chairman
By:
N
N
3
O
�
-o
T
n
0
O
of Florida Keys Society for the
of Cruelty to Animals, Inc.
Print Name:
WITNESS
By:
Print Name:
- 3 G..,) e_ b a.w k- n S
5
is R -i
EXHIBIT "64"
FORMS REQUIRED TO BE USED BY CONTRACTOR
MONTHLY STATISTICAL REPORT FORM
. I nc.
DATA FOR MONTH OF:
Animals Brought In:
Animals Picked Up:
Animals Adopted:
Animals Redeemed:
Animals Transferred ":
Animals Escaped:
Animals Born at Shelter:
Animals DOA:
Animals Euthanize
ANIMAL SHELTER
DOGS CATS
Other An imals I
how many -ha
'* number sick, injured, or dangerous
Animals on Hand
NOTES:
Service C alls:
Bite Rep orts:
Cruelty C ases:
COUNTY FEES COLLECTED
Failure to Spav /Neuter:
Exemption License:
License:
Pick -Up
Boarding:
Adoption:
Disposal:
Euthanasia
Total County Fees Collected:
REPORTED BY:
Date Reported:
5 -
*List how many, type of animal and where
animal was transferred
Other Fees Collected:
1 $ - I
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and
Community -Based Organizations, county travelers, and contractual parties who
have reimbursable expenses associated with Monroe County business. These
guidelines, as they relate to travel, are from the Monroe County Code of Ordinances
and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the
reimbursable expense request needs to also contain the following notarized certified
statement:
"I certify that the above checks have been submitted to the vendors as noted
and that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners
and will not be submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not
be considered for reimbursement. Remember, the expense should be paid prior to
requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in
the contract. This document should not be considered all- inclusive. The Clerk's
Finance Department reserves the right to review reimbursement requests on an
individual basis. Any questions regarding these guidelines should be directed to
305 - 292••3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter- company allocations are
not considered reimbursable expenditures unless appropriate payroll journals for
the charging department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense
is needed. If a Payroll Journal is provided, it should include: dates, employee
name, salary or hourly rate, total hours worked, withholding information and
payroll taxes, check number and check amount. If a Payroll Journal is not
provided, the following information must be provided: pay period, check amount,
check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be
included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance
payments are not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for
reimbursement. The log must define the date, number of copies made, source
document, purpose, and recipient. A reasonable fee for copy expenses will be
allowable. For vendor services, the vendor invoice and a sample of the finished
product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the
date, the number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called,
the caller, the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for
Reimbursement of Travel Expenses. Travel reimbursement requests must be
submitted and will be paid in accordance with Monroe County Code of Ordinances
and State laws and regulations. Credit card statements are not acceptable
documentation for reimbursement. If attending a conference or meeting a copy of
the agenda is needed. Airfare reimbursement requires the original passenger
receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the
audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases
should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the
airport for a business trip is not reimbursable. Parking is considered a reimbursable
travel expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be
zero. Room must be registered and paid for by traveler. The County will only
reimburse the actual room and related bed tax. Room service, movies, and
personal telephone calls are not allowable expenses.
E
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of
departure. For example, driving from one's home to the airport for a business trip
is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for
breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non - allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay
expenditures (unless specifically included in the contract), contributions,
depreciation expenses (unless specifically included in the contract), entertainment
expenses, fundraising, non - sufficient check charges, penalties and fines.
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ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name for the time period
of _ to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total $ X,)()C)(.)CX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D -C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200_
by who is personally known to me.
Notary Public
Notary Stamp
11