5th Amendment 09/21/2016AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
NIONROE COUNTY, FLORIDA
DATE: October S, 2016
TO: Doug Sposito, Director
Project Management
ATTN: Alice Steryou, Contract Monitor
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item C38 Approval of Fifth Amendment to the Assigned Agreement with The
Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for operation of the Marathon
Animal Shelter for .7% CPI adjustment effective July 1, 2016 and revision to update the vehicles/units listed
in the contract.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File ✓
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 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
51h AMENDMENT TO AGREEMENT
(Operation of the Marathon Animal Shelter)
THIS 5th AMENDMENT TO AGREEMENT is entered into this 21" day of
September, 2016, 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 entered into on April 20, 2011, as
amended on May 18, 2011, June 15, 2011, March 19, 2014, and April 15, 2015 and as assigned
pursuant to the Consent to Assignment dated October 21, 2015;
WHEREAS, the terms 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; and
WHEREAS, the Contractor has timely requested a CPI increase; and
WHEREAS, the County currently leases two vehicles to the Contractor, a 2003 Ford
F150 Truck (Unit 0910/1026) and 2014 Ford FI50 Truck (Unit 0910/0833); and
WHEREAS, the Agreement should be revised to update the vehicles/units listed from a
2004 Ford F150 Truck (Unit 0910/082) and a 2005 Ford F150 Truck (Unit 0910/1706) to include
the correct vehicles/units as listed above; and
WHEREAS, the parties have agreed that it would be best for the County to transfer title
of 2 surplus vehicles/vans to the Contractor pursuant to F.S. 274.05, and so upon transfer of the 2
vehicles/vans, the 2003 Ford F150 will be returned back to the County for disposition; now,
therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby
agree as follows:
1. In accordance with Section IV of the Agreement, the annual contract amount is adjusted
by .7 % for the CPI for all urban consumers (CPI-U) for the most recent 12 months
available ending December 2015. Effective July 1, 2016, the total compensation paid to
the Contractor for its services under this agreement shall be $249,296.31 per annum or
$20,774.70 per month.
2. Section X. VEHICLES: shall be amended as follows (*underlined font for added text
and str4kethrougk font for deleted text):
The County hereby leases to the Contractor One (1) County vehicle currently assigned to
the Shelters identified as follows:
2014 Ford FI50 Truck (Unit 0910/0833)
2. 2005 Ford F150 True. (Unit no i ni p 706)
The Contractor will return the following vehicle back to the County no later than
November 1, 2016:
1
2003 Ford F150 Truck (Unit 0910/1026)
The Contractor shall be responsible for payment of all fuel, oil, and other supplies
necessary to operate the vehicles. In addition, the Contractor shall be responsible for
repairs to said vehicles and shall maintain them in accordance with the maintenance
schedule attached hereto as Exhibit "E". The Contractor shall provide an average of four
(4) oil changes annually for each County leased vehicle, and shall schedule vehicle
inspections with Monroe County Fleet Management no less than three times annually for
each County leased vehicle. The Contractor may choose the option of paying Fleet
Management for oil changes and preventative maintenance, at Fleet Management's
current annual rates, or utilize private garages and provide receipts to the Director of
Fleet Management or designee to document and verify that the required maintenance has
been performed. Nothing herein shall prevent the County from inspecting the vehicles at
any reasonable time. Contractor is not permitted to take a County leased vehicle out of
Monroe County and will not be reimbursed for expenses incurred when taking vehicles
out of Monroe County unless prior written approval is received from the Assistant
County Administrator, or designee. 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 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 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 capital assets
and the Contractor shall provide said list to the Public Works Department, as amended,
when additional capital assets are acquired. Property acquired will be inventoried
pursuant to Chapter 274, Florida Statutes.
3. In all other respects, the remaining terms of the Agreement entered into on April 20,
2011, as amended on May 18, 2011, June 15, 2011, March 19, 2014, and April 15, 2015,
and as assigned pursuant to the Consent to Assignment dated October 21, 2015 and not
inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in the
respective names.
HEAVILIN, CLERK
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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