06th Amendment 07/15/2020 18-;911 Kevin Madok, CPA
:.,
yy�.� r Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: July 22, 2020
TO: Kevin G. Wilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: Pamela G. Hama �1, .C.
SUBJECT: July 15th BOCC Meeting
Attached is an electronic copy of rite following item for your handling:
C20 6th Amendment to the FKSPCA Lower Keys contract for animal control services
providing for a CPI adjustment of$12,670.40 (2.3%) funded by ad valorem revenues.The
amendment also provides for reimbursing certain expenses in the month they are incurred to
avoid additional fee on FICSPCA's part.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
6'h Amendment FKSPCA Lower Keys Animal Control contract
SIXTH AMENDMENT TO CONTRACT
(Operation of the Key West Animal Shelter)
THIS SIXTH AMENDMENT TO CONTRACT is entered into this 15th day of
July, 2020, between Monroe County Board of County Commissioners (County) and Florida Keys
Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation
(FKSPCA/Contractor), in order to amend the Agreement dated May I, 2014, and as amended on
April 20, 2016; May 17, 2017; May 16, 2018; August 15, 2018; and May 22, 2019, as
follows;
WHEREAS, the parties entered into an Amended and Restated Agreement on May 1,2014
for the FKSPCA to provide long-term animal control services and enforcement pursuant to the
provisions of F.S. 255.065 (formerly F.S. 287.05712) from Mile Marker 0 through Mile Marker
16.7(the Harris Channel Bridge), including the City of Key West(Agreement); and
WHEREAS, the tenns of the Agreement provide that the contract amount may be adjusted
annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-
U) for the most recent 12 months available ending in December of each year; and
WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under
the Agreement;and
WHERAS,the effective date of the CPI adjustment should have been the anniversary date of
the contract,and
WHEREAS,the County and FKSPCA wish to amend the way in which insurance premiums
can be reimbursed to avoid the incurrence of additional service charges,and
WHEREAS,the County and FKSPCA recognize that the 5th amendment inadvertently
omitted the additional expenses added in paragraphs IA.through 3.F. of the 4th amendment from the
total annual reimbursement amount,and
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1. The 4th amendment to the contract provided for the addition of certain additional expenses
incurred by virtue of occupying the new facility and provided for reimbursement of estimated
amounts for utilities. These totaled$196,696.00 in six(6) specific categories as delineated in
paragraphs 3.A. through 3.F. of the 4'h amendment. The total contract amount in the 4th
amendment was therefore revised to be $737,311.11 including the amounts included in
paragraphs 3.A.through 3.F. of amendment 4. The 5'h amendment provided a CPI adjustment
for the base amount of the contract from the 3" amendment which was an annual CPI
adjustment. The base amount of the contract in the 5th amendment should have been
$747,582.80 which was comprised of the maximum amount on the 3'a amendment
($540,615.11) plus the maximum amount of the added expenses from the 4'h amendment
($196,696.00)plus the 5th amendment CPI adjustment of 1.9%($10,271.69)for a not to exceed
total of$747,582.80.
1
6th Amendment FKSPCA Lower Keys Animal Control contract
2. In accordance with Paragraph 4, RENEWAL, the base contract amount is hereby adjusted by
2.3%CPI for all urban consumers for the most recent 12 months ending on December 31,2019.
Effective May 1,2020,the total compensation paid to the Contractor for its services under this
Agreement shall be the base contract amount of$563,557.20 per annum plus an additional
expenses amount as provided in the 4th amendment of$196,696.00 per annum(until a
reconciliation is agreed) for a total contract amount of$760,253.20 per annum.
3. Paragraph 2, ,AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS. is revised to
read as follows(new wording is underlined/removed wording is struck through).
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 a not to exceed
amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS($515,000)per year
on a reimbursement basis _.u1 1'12 -""" amount o_$12 O1 a 67. Reimbursements requests
will be submitted monthly. All expenses allowable under this contract will be reimbursed until
the not to exceed maximum for the contract year is reached. If this contract is terminated on any
date other than the annual anniversary date of the contract,the contractor will repay to the
County any reimbursements received that exceed the prorated amount based on the percentage
of the contract year elapsed as of that termination date.Allowable expenses will only reimbursed
in the contract year in which they were incurred(i.e. expenses incurred in one contract year will
not be"rolled forward"for reimbursement in a subsequent year lust because the prior year's
maximum reimbursement was already paid). If less than the maximum reimbursement was
claimed in any contract year,those funds shall revert to the County(i.e.,unused funds at the end
of the contract year shall not be"rolled over" into the next contract year). I€a-reimbursement
As a result of the addition of the added expenses due to the occupancy of the new building in
early 2019,the Contractor was authorized reimbursement of a cumulative amount annually of
$196,696.00 for specific categories of added expenses as detailed in paragraphs IA.through
IF.of the 4th amendment. These not to exceed amounts are continued annually until a
reconciliation amendment is approved as anticipated by the 4th amendment. County and
FKSPCA specifically acknowledge that the 5th amendment revision to PARAGRAPH 2 -
AMOUNT OF AGREFMENT/AVAILABILITY OF HINDS failed to included the
amounts envisioned in paragraphs 3.A.through 3.F. of the 4th amendment.
The contract amount, upon mutual agreement by the parties, can be adjusted based upon an
analysis of increased shelter operations, increased operational cost or other justified reasons
relating to animal control services and enforcement as set forth in this agreement.
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.
2
6th Amendment RSPCA Lower Keys Animal Control contract
4. The first paragraph of Paragraph 2 A., PAYMENT, is replaced with the followine 2
paramaohs as follows.
Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70
(F.S.). Payment will be made periodically,but no less than on a monthly basis, on a reimbursement
basis, as hereinafter set forth. Reimbursement requests will be submitted to the Boards' designated
representative. The County shall only reimburse, subject to the funded amounts below,those
reimbursable expenses which are reviewed and approved as complying with 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,with attached
spreadsheet 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. Unused funds will not be rolled over to the next contract year. The Contractor may seek a
request for reimbursement for annual payment on invoices that cover future periods,receipt of goods
or services(e.g. insurance premiums, monitoring of alarm systems etc.),but the Contractor must
provide a sworn affidavit attesting that any refunds/credits of monies shall be repaid to the County
together with interest calculated pursuant to Sec. 55.03, Fla. Stat,running from the date the monies
were paid to Contractor.
5. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not
inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in two (2) counterparts, each of which shall, without proof or accounting for the other
-i .`,_: � deemed an original contract.
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ADADOK,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE CO ,FLOIDA
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a5 eputy Clerk Ma hairman
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(SEAL) CONTRACTOR: - 0
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY TO
ANIMALS, INC.
Attest:
3
Amendmen<" FKSPCA L xip ontrol contract
By: c.i✓u- Ntivw'L_ By:
I WITNESS
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By:
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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 ht 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 bash. 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.
Rants, lapses,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 redolent, 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 Neel 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.
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.
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(Oroanization 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 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) S X.XXX.=X
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