Item L12County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: L.12
Agenda Item Summary #2831
BULK ITEM: No DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441
2:30 P.M.
AGENDA ITEM WORDING: Approval of a contract amendment increasing the annual stipend
for the Marathon animal control contract by $150,000 / year effective immediately.
ITEM BACKGROUND: The FKSPCA has provided animal control services since accepting
assignment of the SHARK contract in late 2015. They have reviewed the cost of providing the base
services and found that the actual costs are approximately $150,000 /year higher than the contract
amount. They have provided an itemization of the main differences. The increased costs include
primarily increased professional staffing, benefits, and higher food and medical costs for animals.
The primary causes are longer shelter stays and the number of cruelty investigations. The FKSPCA
has been making up the shortfall with fundraising which is nominally aimed at providing expanded
services, such as free spay /neuter clinics.
PREVIOUS RELEVANT BOCC ACTION: In October 2015, the BOCC approved assignment of
the Marathon animal control contract to FKSPCA. The BOCC approved the original contract with
the predecessor organization, SHARK, in 2011. BOCC approved a five (5) year extension in April
2015.
CONTRACT /AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval of the Amendment effective immediately.
DOCUMENTATION:
2017 -03 -28 FKSPCA Request
Sixth Amendment 041217 (legal stamped)
FINANCIAL IMPACT:
Effective Date: 12 April 2017
Expiration Date: 30 June 2020
Total Dollar Value of Contract: $1.25 million (over 5 years)
Total Cost to County: $1.25 million (over 5 years)
Current Year Portion: $318, 046 (including proposed increase or $68, 750 for this fiscal year)
Budgeted: Yes
Source of Funds: Animal control
CPI: Annually
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing:
Grant: N/A
County Match: N/A
Insurance Required:
No If yes, amount:
as stated in contract
Additional Details: Current year increase is $68,750
Increase Marathon Shelter budget by $150,000 annually (FYI 7 effect is $68,750 starting
immediately).
04/12/17 001 -21000 ANIMAL SHELTERS $68,750.00
FYI increase
10/01/17 001 -21000 ANIMAL SHELTERS $150,000.00
FYI and subsequent years
Total: $218,750.00
REVIEWED BY:
Kevin Wilson
Completed
03/28/2017 10:20 AM
Patricia Eables
Completed
03/29/2017 12:37 PM
Budget and Finance
Completed
03/29/2017 1:44 PM
Maria Slavik
Completed
03/29/2017 1:45 PM
Kathy Peters
Completed
03/29/2017 1:57 PM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
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March 28, 2017
Dear Monroe County Board of County Commissioners:
The Board and management of the Florida Keys Society for the Prevention of Cruelty to Animals (FKSPCA) respectfully
request an increase in annual compensation directly related to operating the Marathon animal shelter in the amount of
$150,000.
At the request of Monroe County, the FKSPCA agreed to undertake the operation of the Marathon shelter beginning
November 1, 2015. Over the course of the last sixteen months, it has become clear that the annual contract amount for that
shelter's operations falls far short of covering the cost for the quality care for which our organization is known.
Following are just a few of the changes that have taken place since we began operations at the Marathon shelter:
At the time the FKSPCA assumed the operation of the Marathon shelter, the annual costs related to that shelter
were already $40,000 over the contact amount.
Staffing has increased by more than twenty -five percent, including additional time from our Executive Director,
to bring needed experience to the Marathon shelter. That additional staffing adds approximately $65,000 for all
employee related costs. Additionally, unlike its predecessor, the FKSPCA pays health insurance costs for its
employees at approximately $27,000 per year.
The average length of stay for the animals at the Marathon shelter has increased, requiring additional medical and
feeding costs by approximately $20,000.
Under the FKSPCA, the number of cruelty and welfare investigations has increased requiring additional staff time
and resources by approximately $3,000.
Ownership of animal control vehicles assigned to the Marathon shelter has transferred to the FKSPCA, adding the
additional cost of vehicle maintenance to the organization by approximately $1,000.
Shortfalls in funds for shelter operations are partially met through donations that could have otherwise been used
for enhancement services, such as low -cost spay /neuter clinics and educational outreach, which have been
requested by the community. Even those donations are not enough to cover the shortfall and the FKSPCA has
had to use working capital reserves to cover some of the shortfall.
It is always the goal of the FKSPCA to provide the highest quality service to the animals in our care and the communities
we serve, we are very pleased to have been given the contract to operate the Marathon shelter and proud of the
improvements we have implemented at that location. You can be assured that any additional funds provided will help us
to maintain those high standards. Thank you for your time and consideration.
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Sincerely,
Tammy Fox, Executive Director
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March 28, 2017
Dear Monroe County Board of County Commissioners:
The Board and management of the Florida Keys Society for the Prevention of Cruelty to Animals (FKSPCA) respectfully
request an increase in annual compensation directly related to operating the Marathon animal shelter in the amount of
$150,000.
At the request of Monroe County, the FKSPCA agreed to undertake the operation of the Marathon shelter beginning
November 1, 2015. Over the course of the last sixteen months, it has become clear that the annual contract amount for that
shelter's operations falls far short of covering the cost for the quality care for which our organization is known.
Following are just a few of the changes that have taken place since we began operations at the Marathon shelter:
At the time the FKSPCA assumed the operation of the Marathon shelter, the annual costs related to that shelter
were already $40,000 over the contact amount.
Staffing has increased by more than twenty -five percent, including additional time from our Executive Director,
to bring needed experience to the Marathon shelter. That additional staffing adds approximately $65,000 for all
employee related costs. Additionally, unlike its predecessor, the FKSPCA pays health insurance costs for its
employees at approximately $27,000 per year.
The average length of stay for the animals at the Marathon shelter has increased, requiring additional medical and
feeding costs by approximately $20,000.
Under the FKSPCA, the number of cruelty and welfare investigations has increased requiring additional staff time
and resources by approximately $3,000.
Ownership of animal control vehicles assigned to the Marathon shelter has transferred to the FKSPCA, adding the
additional cost of vehicle maintenance to the organization by approximately $1,000.
Shortfalls in funds for shelter operations are partially met through donations that could have otherwise been used
for enhancement services, such as low -cost spay /neuter clinics and educational outreach, which have been
requested by the community. Even those donations are not enough to cover the shortfall and the FKSPCA has
had to use working capital reserves to cover some of the shortfall.
It is always the goal of the FKSPCA to provide the highest quality service to the animals in our care and the communities
we serve, we are very pleased to have been given the contract to operate the Marathon shelter and proud of the
improvements we have implemented at that location. You can be assured that any additional funds provided will help us
to maintain those high standards. Thank you for your time and consideration.
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Sincerely,
Tammy Fox, Executive Director
SIXTH AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter)
THIS SIXTH AMENDMENT TO CONTRACT is entered into this 12th day of April,
2017, 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, 201 as
amended on May 18, 201 June 15, 201 March 19, 2014, April 15, 2015, September 21, 2016,
and as assigned Pursuant to the Consent to Assignment dated October 21, 2015;
WHEREAS, on November 1, 2015, the FKSPCA assumed operation of the Marathon
Animal Shelter and agreed to provide animal control services from Mile Marker 16.7 to Mile
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Marker 70, pursuant to the aforementioned Contract and Consent to Assignment dated October
21, 2015; and
WHEREAS, on September 21, 2016, a Fifth Amendment to Agreement, with an
effective date of July 1, 2016, was approved which provided for the annul CPI increase that
adjusted the total compensation for the Contractor's services to $249,296.31 per annum for its
services under the Avreement and
WHEREAS, upon assumption of the operation of the Marathon Animal Shelter, it was
ascertained that the annual operating costs of that Shelter were already significantly greater than
the awarded contract amount and
WHEREAS, in providing the required services and operating the Marathon Animal
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Shelter pursuant to the Contract and in accordance with the quality of care provided by
FKSPCA, the Contractor has further learned that the annual contract amount is insufficient to
provide the required services and animal control; and
WHEREAS, the Shelter has also experienced an increase in the length of stay of animals
thus requiring additional medical and feeding costs, seen an increase in cruelty and welfare
investigations, and therefore, the necessity of additional staffing and related costs; and
WHEREAS, the FKSPCA has partially met some of these shortfalls in funding through
donations, which otherwise would have been used for enhancement services, such as clinics and
educational Outreach, which is needed in the community; and
WHEREAS, the parties have agreed that it would be best for the County to increase the
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annual stipend as provided for in the animal control Contract for the Marathon Animal Shelter so
the Contractor can continue to carry out its duties to the County pursuant to the Contract;
NOW THEREFORE, IN CONSIDERATION of the Mutual promises contained
herein, the parties hereby agree to amend the Contract as follows:
Section 11, AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS of the
Contract, and as previously amended, shall be amended to reflect an increase in the
annual stipend per year of One Hundred Fifty Thousand and 00/100 ($150,000.00)
Dollars, effective immediately. The base current contract price shall hereafter be Three
Hundred Ninety-nine, Two Hundred Ninety-six and 31/100 ($399,296.31) Dollars per
annum, or Thirty-three Thousand Two Hundred Seventy-four and 691100 ($33,274.69)
Dollars per month, until any further adjustment.
2. In all other respects, the remaining terms of the Contract entered into on April 20, 201
as amended on May 18, 201 June 15, 201 March 19, 2014, April 15, 2015, September
21, 201 and as assigned pursuant to the Consent to Assignment dated October 21, 2015,
and not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to
the Contract as of the date first written above.
(SEAL)
Attest: KEVIN MADOK, CLERK
By:
Deputy Clerk
Attest:
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Mayor/Chairman
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Jane Dawkins, President
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PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE:
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