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03rd Amendment 09/21/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: .September 27, 2011 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM. Pamela G. Han +-C. At the September 21, 2011, Board of County Commissioner's meeting, the Board granted approval of the following: Item C28 Third Amendment to the Contract with Humane Animal Care Coalition, Inc. for operation of the Key Largo Animal Shelter. Enclosed is a duplicate original your handling. Item C34 Agreement with the Monroe County Health Department for Small Quantity Hazardous Waste Assessments, Notifications and Verifications. Enclosed is a copy your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File THIRD AMENDMENT TO CONTRACT BETWEEN HUMANE ANIMAL CARE COALITION INC. AND MONROE COUNTY DATED APRIL 18, 2007 z This Third Amendment to the agreement entered into on April 18, 2007 is entered into this 0 '21 day of September, 2011, between Humane Animal Care Coalition, Inc., a Florida non - profit corporation, ( "CONTRACTOR ") and Monroe County ( "COUNTY "). WHEREAS, the parties entered into an agreement on April 18, 2007, as amended on August 17, 2007, and May 19, 2010; and WHEREAS, pursuant to a request by the County Administrator the three animal control contractor were audited by the Clerk of the Court, including the Human Animal Care Coalition; and WHEREAS, the audit report of Humane Animal Care Coalition 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 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; and WHEREAS, the County seeks to extend this contract to June 30, 2015 and to provide for all the animal control contracts to end concurrently; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the contract as follows: 1. Section 1 Term of Agreement of the contract shall be amended to read as follows: The term of this agreement shall begin on October 1, 2011 and end at 12:00 midnight on June 30, 2015. 2. Section II Payment of the contract shall be amended to read in its entirety as follows: II. 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 Two hundred seventy thousand three hundred and twenty -one DOLLARS ($270,321) per year on a reimbursement basis equal to 1/12 of this amount or $22,526.75 per month. If a reimbursement request is less than the per month reimbursement amount of $22,526.75, 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 1 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; (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 provision and the scope of services that the County may request during the contract year. 3. Section III(A)(1) STAFF shall be amended by adding the following: 2 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). 4. 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 FIV and Feline leukemia testing for all cats retained in the facility for adoption. 5. 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. 6. Section III(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. 7. Section IV RENEWAL shall be amended to read as follows: The County shall have the option to renew this agreement, after June 30` 2015, for one (1) additional five -year period. 8. Section IX VEHICLES shall be amended by adding the following: Contractor is not permitted to take a County vehicle out of Miami -Dade 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. 9. 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. 3 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. 10. 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. 11. 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. 0 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. 12. 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. 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. 13. Section XXIV. TERMINATION WITHOUT CAUSE shall be amended to read in its entirety as follows: TERMINATION WITHOUT CAUSE: The County and /or HACC may terminate this agreement without cause by providing the County and /or HACC with written notice of termination at least sixty (60) days prior to the date of termination. 14. Section XXIX NOTICE REQUIREMENTS shall be amended to read in its entirety as follows: 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 and Dent Pierce, Director and 1100 Simonton Street Monroe County Public Works County Attorney 111112`' St., Suite 408 5 Key West, FL 33040 FOR CONTRACTOR: Thomas Garrettson, President 283 Saint Thomas Avenue Key Largo, FL 33037 1100 Simonton St., Rm. 2 -231 PO Box 1026 Key West, FL 33040 Key West, FL 33041 -1026 15. Section III(A)(1), 111(A)(3)(c), III(A)(5)(b), III(A)(7)(d), III(B)(1), I11(C), III(D), and IX shall be amended to delete "Director of Community Services" and replace with: "Director of Public Works" 16. The remaining terms of the contract dated April 18, 2007, the First Amendment dated August 15, 2007, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the hKeement as of the date first written above. L. KOLHAGE, CLERK Deputy Clerk Attest: By: WITNESS Print Name: By: WITNESS Print Name: BOARD OF COUNTY COMMISSIONkRS OF MONROE COUNTY, FLOIDA By: CONTRACTOR - -- - Thomas Garrettson, President of Hu e o Animal Care Coalition, Inc. APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT Crr)UNTY ATTORNEY 6 EXHIBIT "G4" FORMS REQUIRED TO BE USED BY CONTRACTOR MONTHLY STATISTICAL REPORT FORM ANIMAL SHELTER DATA FOR MONTH OF: DOGS CATS Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: Animals Transferred Animals Escaped: Animals Born at Shelter: Animals DOA: Animals Euthanlzed" . Inc. Other Animals how many what " number sick, Injured, or dangerous Animalson Hand NOTES: Service Calls: Bite Reports: 'List how many, type of anii animal was transferred Cruelty Cases: COUNTY FEES COLLECTED Failure to Spay /Neuter: Exemption License: License: Pick -Up Boarding: Adoption Disposal: Euthanasia: Total County Fees Collected: $ - Other Fees Collected: REPORTED BY: Date Reported: Ora nts: Fundralsers: 8 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. E 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. Rol 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. 11 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.XXX.XX (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 12