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1st Renewal & 4th Addendum 04/15/2015 • AMY HEAVILIH, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE: September 3, 2015 TO: Kevin Wilson Director ATTN:• Alice Steryou Contract Monitor pp FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller it ye ,&&,C/Sc"%I At the April 15, 2015 Board of County Commissioner's meeting the Board granted approval and execution of Item C23 Renewal and Fourth Addendum to Agreement with Safe Harbor Animal Rescue of the Keys, Inc. (SHARK) to operate the Marathon Animal Shelter and provide animal control services fromMile-Marker 16.7 to Mile Marker 70. Enclosed is a duplicate original of the above mentioned executed on behalf of Monroe County for your handling. Should you have any questions,please feel free to contact me. cc: County Attorney Financ File V 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146 • RENEWAL AND FOURTH ADDENDUM TO CONTRACT /v C BETWEEN SAFE HARBOR ANIMAL RESCUE OF THE KEYS.INC. �/ `s• J�,��./9 AND MONROE COUNTY DATED APRIL 20,2011 0-6NS �'" This Renewal and Fourth Addendum to the Agreement dated April 20,2011 is enter day of April, 2015, between Safe Harbor Animal Rescue of the Keys, Inc. (SHARK),a F __ .._„-ywul corporation,("CONTRACTOR") and Monroe County("COUNTY"). WHEREAS,the parties entered into an agreement on April 20,2011;as amended on May 18,2011,lune 15,2011 and March 19,2014; and WHERAS,Section V of the Agreement between the parties provides the COUNTY with the option to renew the agreement after the original term,for one additional five-year period; and WHEREAS,Section V of the Agreement between the parties provides that the contract 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 ending in December of each year; and WHEREAS,the CONTRACTOR has requested a renewal of the agreement with CPI adjustments retroactive to their first year anniversary(June 1,2012 through May,31,2013),as well as June 1, 2013 through May 31, 2014,and June 1,2014 through June 30, 2015 that had not yet been requested and to become effective October 1,2015; and -----WHEREAS,in order to avoid future request for retroactive CPI adjustments, language in Section V of the Agreement is being revised to require CONTRACTOR to request CPI adjustments no later than January 31st; and WHEREAS,in order to ensure that the CONTRACTOR's Policies and Procedures Manuel adequately addresses procedures for CONTRACTOR's staff,the language in Section IV SCOPE OF SERVICES,A. paragraph 7.of the Agreement is being revised to allow the County to review and request revisions as needed;and WHEREAS,in order to update Pet Friendly Shelter Operations as Exhibit"D"to the Agreement and to require the Contractor to assist Monroe County Emergency Management in volunteer recruitment, language in Section IV, paragraph F. of the Agreement is being revised; and WHEREAS, in order to clarify that the County is an "intended recipient"of all audits, language in Section XIX of the Agreement is being revised;and WHEREAS,in order to clarify obligations and responsibilities relating to animal control investigations, language in Section IV, paragraph B.subsection 9.of the Agreement is being amended to require the CONTRACTOR to contact law enforcement and/or the Monroe County State Attorneys office when warranted; and WHEREAS,in order to clarify that the reimbursement amount to CONTRACTOR is not to exceed the total sum of the contract, language in Section II of the agreement is being amended; 1 • NOW THEREFORE, in consideration of the mutual promises and considerations,the parties agree to amend the contract as follows: 1. In accordance with Section V of the Agreement, the County hereby exercises its option to renew the Agreement for one additional five-year period. The renewal term shall be effective July 1, 2015 and end at 12:00 midnight on June 30, 2020. 2. In accordance with Section V of the Agreement, effective October 1, 2015, the annual contract amount is adjusted by: 3.0%CPI for June 1,2012 through May 31, 2012; 1.70%CPI for June 1, 2013 through May 31, 2013 and 1.5% CPI June 1, 2014 through May 31, 2015 for all urban consumers (CPI-U) for the most recent 12 months available for a total increase of $15,007.32 per annum. The total compensation paid to the Contractor for its services under this agreement shall not exceed $247,563.36 per annum or $20,630.28 per month. 3. Section II AMOUNT OF AGREEMENT/AVAILBILITY OF FUNDS shall be amended to add the following language: The total compensation paid to the Contractor for its services under this agreement shall not exceed the total contract sum as stated above. ---- --4, Section IV SCOPE OF SERVICES,A. paragraph 7. POLICIES AND PROCEDURES MANUAL: shall be amended to add the following: The County may review and request revisions to the Policies and Procedures Manual as needed. 5. Section IV SCOPE OF SERVICES, B. ENFORCEMENT SERVICES, Paragraph 1. shall be amended to add the following: The Contractor shall attend additional training as required by the County. If there is a cost involved with the training,the County will pay directly for such cost or reimburse for such cost separate from and not counting against the Contractor's monthly reimbursement amount. 6. Section IV SCOPE OF SERVICES, B. ENFORCEMENT SERVICES, Paragraph 9. shall be amended to read as follows: 9. Investigating all reports of violation of local ordinances, state statutes,and other rules and regulations relating to animal control and,when warranted by the facts,contact law enforcement and/or the Monroe County State Attorney's Office to consult on Contractor's investigation and potential criminal investigations and/or prosecution; issue citations(Resolution No.290-2010 and animal control citation form attached hereto in Exhibit"63";and/or prosecute all person charged with violation of said ordinances and regulations,which includes representing Monroe County in court 2 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. 7. Section IV SCOPE OF SERVICES, paragraph F. PETS IN SHELTERS shall be amended to read as follows: F. PETS IN SHELTERS: Contractor shall provide the services designated for the Supporting Agencies/Animal Control outlined in the Monroe County Emergency Management Pet Friendly Shelter Operations Plan (See Exhibit"D"). Furthermore, the Contractor shall assist Monroe County Emergency Management in recruiting shelter workers from their volunteers to assist with the care of shelterees' pets B. Section XIX shall be amended to add the following language: The County is an "intended recipient"of the audits required by this agreement.The CPA performing said audits shall provide the audits to the County as an intended recipient of the audit. 9. Section V RENEWAL shall be amended to add the following language: The Contractor shall request annual CPI adjustments no later than January 31st of each year for the upcoming contract period. Failure to timely request annual CPI adjustment will result in waiver of the CPI adjustment for that year. 10. The remaining terms of the contract dated April 20,2011,as amended,and not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this First addendum to the Agreement as of the date first written above. y ii t t v rb,, ;•VILIN,CLERK BOARD OF COUNTY COMMISSIONERS /Y� y OF MON COUNTY, FLORID 1.30)1 O' + ty C t k Mayor Chai n CONTRACTOR Attes By: a By: WI E `�(` Safe Ha ay/ Grbor Animal Resc a of the Keys, Inc. Print Ida en 1 Na Gra./ C tccIA,\. ,2 974 '0 B13 T Title 8S :II WV C- d3S 5101 MorR0E6 COUNTY A-7-- RNEy 3 jLUJ3d ir0 ! 031fy dMF JF_ Id. I-n_4P[- .P66LJ