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1st Amendment 05/25/2021 (;.- °' Kevin Madok, CPA ;(r Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: June 2, 2021 TO: Kevin G. Wilson, PE Assistant County Administrator Suzanne Rubio Executive Administrator Tina LoSacco, Sr. Engineering Wastewater Technician FROM: Panda G. Hanct C. SUBJECT: March 25"BOCC Meeting Attached is an electronic copy of die following item for your handling: FI 1st Amendment to die Contract, dated July 15, 2020, with the Humane Animal Care Coalition. This amendment will clarify conflicting language to better,align with intent and spirit of die payment method understood by both parties to be the agreement. 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,Ronda 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIRST AMENDMENT TO CONTRACT BETWEEN HUMANE ANIMAL CARE COALITION, INC. AND MONROE COUNTY DATED JULY 15, 2020 (Operation of Upper Keys Animal Control Shelter and Upper Keys Animal Control) THIS FIRST AMENDMENT, is entered this 25th day of May ,2021, to the Contract between Humane Animal Care Coalition, Inc. ("CONTRACTOR") and the Board of County Commissioners of Monroe County, Florida (hereafter"COUNTY"), dated July 15, 2020. WHEREAS, the Contract between CONTRACTOR and COUNTY was entered into on the 15'h day of July, 2020, to provide animal control services and enforcement of law related to animals; and WHEREAS, the parties agree that the Contract should be amended to clarify the payment method that was agreed upon at the initiation of the Contract. WHEREAS, the language in Section 11E, Payment, referenced a"monthly amount"that shall be removed. NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the Contract as follows: I. Section III, PAYMENT,paragraph I, of the Contract shall be amended to read in its entirety 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 above,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. 2. The remaining paragraphs contained in Section III,not inconsistent herewith, shall remain in full force and effect. 3. The remaining teens of the Contract,not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and , ki'.f#-'r )vr,ttten above C> 1 � 1 MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUN ORIDA By: By:M rMi •�m����i efY!(.l As eputy Clerk Mayor/Chairman (SEAL) CONTRACTOR Attest: {� �7 —, - By: s By: / �dzn.liLfyei 4 TNESS Title: . Title: &e2ta- , fine By: _� Li �,.,--- TNESS Title: A c o - v - C: C' c: _,H r r n MO E COUNTY A NEV' OFFICE T U E ESCULL ASSISTANT COUNTY A-TORNNEY DATE: 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 indude: 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. 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 8 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 (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.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 C.tta MISPOlOR QOORIY,!LO1rmA taps.lir WSer 1 d E bats tiaphasit to V It 6 mond iimbolasertispiesfa,ingaoiMCfGQ...bl.Saidadisscelterkaa y bwa6dea mead amOstilowiiaaaaeet 11 q •0 Co�eatr ilunia.e AA,nJ &tee C..saltiroN .; 9 Oadstfa: %sp.- lfey Anna! WI lei I Adams dance ass Swint. TAanac Avanr# a Keys, , rz 3?0,7 t W Plow 3as" y�3-OS=4 v go Stops(OW at Prase Rura/ Set-vises Ar p fer 'curs g An:nisi S.Wltr eaea4 fir A•.alass 1 u A?At anal S n. tAa 6oaaaaarrl'Ysw. i laaami Welver Sec bead a Risk Illw•veaa l : Ts r i s tar . . 21 Y"aA 'ff /!Ace. reams £ x ealiaa�Vatar a? FrwerS L.ead4-1 - . ... r m y U wig*Suaos.Je A a rya Isr t'.r. e Spies atCensor: Zeta. A a App.ad x Nit Apposed 8 attic 7slaw. L 5AWf .8' a Da s 05-04-2020 > a a QosgAdslitt rappat Ire Nrlertet m .. OAS olterreasrL6sampg Appaaet tiatAppaaaat E tUaeiraap6s a` Y b e 0 U c • E t n 4 u a Paakin Pp.as C.10.a Scull-Paunece a From: Slavik-Maria m Sent Tuesday, May 5,2020 3:45 PM To: Scull-Paunece Cc Flatt-Jaclyn;Wilson-Kevin Subject FW:Upper Keys Animal Shelter Request for Insurance Waivers,July 1, 2020 Contract. Attachments: waiverUPPERKEYSANIMALSHELTER.pdf .3 d m Neecie, I m Per our conference call of this afternoon,both Sid and I concur that the insurance requirements can be waived as per Mr.Garretson's email of May 41". Please see below Risk Management's comments. I am attaching the approved waiver w Thank you, c on JS From:Sid Webber<sid.webber@interisk.net> Sent:Tuesday,May 5,2020 3:08 PM t To:Slavik-Maria<Slavik-Maria@MonroeCounty-FLGov> Subject:RE:Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. a 1J 'u CAUTION En Maria, T.; en N Based on Kevin Wilson's opinion that the building is not worth insuring it is believed that all of the required insurances 5 the Upper Keys Animal Shelter is requesting to be waived can be waived. Please see my comments(In red font)below u regarding each of the coverages. Please do not hesitate to call if you have any questions or concerns. 8 ro Sid Webber E Interisk Corporation (813)287-1040 2 a a a From:Slavik-Maria(mailto:Slavik-Maria@MonroeCounty-FL.Govl `e Sent:Tuesday,May 5,2020 1:56 PM no To:Sid Webber<sid.webber@interisk,net> rn Cc:Scull-Paunece<Scull-Paunece@MnnroeCounty-FL.Gov> E Subject:FW:Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. Sid, u A Please advise on the attached. I believe you gave us your recommendation before but would like to attach your recommendation to the waiver. u Thank you, .c qti C.10.e-< From:Scull-Paunece<Scull-Paunece@MonroeCounw-FL.Gov> Sent:Tuesday,May 5,20201:46 PM 9 To:Slavik-Maria<Slavik-Maria@MnnroeCounty-FLGov> Subject:FW:Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. Did we forward the form and Mr.Garrettson's email to Sid? Is it true these have been waived by Risk in the past? If it is still denied then complete the form so we have a formal decision from Risk. Neecie Paunece Scull -m m Assistant County Attorney Monroe County Attorney's Office 11111241 Street,Suite 408 '= Key West, Florida 33040 y (305)295-3170 (305)292-3516(facsimile) w a c From:Marsha<tfgarr@aol.com> ig Sent:Monday,May 4,202011:55 AM To:Slavik-Maria<Slavik-Maria@MonroeCounty-FLGov> Cc:Scull-Paunece<Scull-Paunece@MonroeCounty-FL.Gov> y9 Subject:Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. 4 3 I CAUTION:This email originated from outside of the County Whether. you know the sender or not,do not click links or. m ' open attachments you were not expecting. e O Dear Maria Slavik, Risk Management, 0 The Upper Keys Animal Shelter has been under contract with Humane Animal Care Coalition, HACC for over 21 continuous years.The attached is the completed form for the request for Waivers.The new contract with Monroe County is to begin July 1,2020. All previous HACC Contracts have been evaluated by Risk Management as not requiring these five Insurance policies listed below,for the last 21 years. Since all n insurance policies are paid with taxpayers funds,these previous Waivers decisions have resulted in saving large amounts of taxpayers funds. Request you continue to provide Waivers for these following 5 insurance o policies. y E E 1. Animal Control Errors and Omissions Liability Insurance Reauirements. The HACC Shelter Staff has never been involved with the eight points outlined by Risk Management under this requirement. This E&O Insurance has always been waived by Risk Management. I am not sure if there is coverage named Animal Control Errors and Omissions Liability Insurance. The c°2 required Commercial General Liability should be sufficient. c 0 2. Employee Dishonesty Insurance. We do not have anything of value to steal, weeks sometimes pass 10 without collecting any money from the public. When we do collect money, it is a very small amount a and procedures are in place to prevent theft of these small sums. The yearly premiums cost of this 2 P21461 Rq.44T ;fC 10.a insurance is more than the yearly cash we collect. This insurance has always been waived by Risk Management for 21 years, and we have never had a loss. Based on the Upper Keys Animal Shelters comments that they rarely have any significant cash it is believed E that this coverage can be waived. b 3. Veterinarian Professional Liability Insurance. We do not hire Veterinarians under this Animal Control Po Contract. If a veterinarian service is needed, we take the sick or injured animals to the local Veterinary Hospitals, not the Animal Shelter, for medical care. This insurance for HACC has also always been waived by Risk Management. m The fact that animals in need of veterinarian services are transported to a local veterinarians and that the Upper Keys Animal Shelter does not employ a veterinarian it is believed that this coverage can be waived. S. 4. All Risk Property Insurance which includes Flood and Windstorm. The HACC has no Lease/Rental Agreement for the County Animal Shelter Property. We have no ownership interest, and no legal or w" financial interest in this Government Property. Also, the Animal Shelter is very old and some would 0 consider it a tear-down property with little or no value worth insuring. This Insurance has also been waived by Risk Management. E L Based on Kevin Wilson's opinion that this structure is not worth insuring it is believed that this coverage can be °, waived. i m 5. Insurance for Other Contractors and Subcontractors We never employ contractors or subcontractors, so there is nothing to Insure here. Again, this insurance has also been waived by Risk Management. A standard Commercial General Liability policy includes coverage for contractors and subcontractors if the Insured is deemed to be responsible for the acts of the contractor or subcontractor. It is believed that this requirement is being satisfied by the required Commercial General Liability requirement and it is believed this requirement can be waived. Not requiring HACC to hold these 5 insurance policies by Risk Management for the last 21 years has resulted in as saved the taxpayers over hundreds of thousands of dollars. As we all experience the unknown financial effects a'' of the current Pandemic,saving taxpayer's funds will become even more important.Not having these Insurance policies has not exposed the County taxpayers to any economic loss,for over 25 years. The new ° contract cannot be signed until Risk Management has made a decision on this request. The County plans to get this contract on the BOCC May agenda. `m .2 Best regards, `o Tom E Thomas Garrettson, President HACC a` u . 0 virus-free.www.avast.com m L u m 3 P40alPa.448 AC40R"® DATE(MMIDDIYYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 3/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Linda Godnick Prince Associates Inc. AIC NN Ext: (516)822-6550 Fvc No: (516)822-6564 270 Duffy Avenue ADDRESS: Suite D INSURERS AFFORDING COVERAGE NAIC# Hicksville NY 11801 INSURERA:Travelers Indemnity Co. Of Conneticut INSURED INSURER B:Travelers C&S Of Illinois 19046 Humane Animal Care Coalition, Inc. INSURER C:Hartford Underwriters Ins Co. 30104 283 Saint Thomas Avenue INSURER D: INSURER E: Key Largo FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER:Monroe County REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER MM DD/YYYY MMIDDIYYYY POLICY EFF PO EXP LTR LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE � OCCUR DAMAGE (RENTED 100,000 PREMISES1 Ea occurrence $ 6609146H762 4/1/2021 4/1/2022 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- JECT ❑ LOC $POLICY ❑ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA8M604171 4/1/2021 4/1/2022 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ Total Pollution Exclusion $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? ❑ N/A C (Mandatory in NH) 12WECG29396 4/1/2021 4/1/2022 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included Additional Insured as required by a signed written contract or agreement. M„ ( By 6 . 2 . 2021 CERTIFICATE HOLDER CAN( WAW SHO. r r .nc ........rt ..rvua.rca EFORE Monroe County BOCC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 100085-FX Duluth, GA 30096 AUTHORIZED REPRESENTATIVE Linda Godnick/LINDA eitda qrd is ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) From: tfgarr@aol.com To: monroecountyfl monroecountyfl@Ebix.com CC: slavik-maria@monroecounty-fl.gov Subject: Upper Keys Animal Shelter - 2021 Certificate of Insurance Date: 3/17/2021 4:20:52 PM Attachment(s): The attached is 2021 Certificate of Insurance. Thank you, Thomas Garrettson, President HACC