1st Amendment 09/08/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: September 22, 2010
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the September 8, 2010, Board of County Commissioner's meeting, the Board
granted approval and authorized execution of an Amendment to the Agreement with The Florida
Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) to operate the Big Pine Key
and Marathon Animal Shelters and provide animal control services on a temporary basis
effective September 1, 2010.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AMENDMENT TO AGREEMENT
(Operation of Key West Animal Shelter, and temporary
operation of the Big Pine Key and Marathon Animal Shelters)
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THIS AMENDMENT TO AGREEMENT is entered into this D iday of • , 2010,
by and between the Board of County Commissioners of Monroe County, Florida (COUN Y), and THE
FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC.
(CONTRACTOR).
WHEREAS, the parties entered into an agreement on May 18, 2005, as amended on April 19,
2006, September 20, 2006, and May 17, 2007, and renewed on April 21, 2010, to operate the Key West
Animal Shelter and provide animal control services and enforcement of laws related to animals; and
WHEREAS, the County desires to hire Contractor on a temporary basis to operate the Big Pine
Key and Marathon Animal Shelters and provide animal control services and enforcement of laws related
to animals pending re -bid of the contract for such services for the Big Pine Key and Marathon Animal
Shelters, and
WHEREAS, in addition to the current Key West Shelter and it's service area, the Contractor is
willing to operate the Big Pine Key and Marathon Animal Shelters and provide animal control services
and enforcement of laws related to animals up to Mile Marker 60; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the
contract dated May 18, 2005 as amended and renewed, is hereby amended as follows:
1. Section III(A) shall read:
"A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Florida, and provide
complete animal control and enforcement services from Mile Marker 0 to Mile Marker 16.7
(the Harris Channel Bridge), including the City of Key West.
Effective September 1, 2010, and on a temporary month -to -month basis, pending re -bid of
the Big Pine Key and Marathon Animal Control operations by the County, the Contractor
shall provide all staffing, equipment, and supplies necessary to operate the Big Pine Key and
Marathon Animal Shelters located at 279 Industrial Road, Big Pine Key, Florida, and 10550
Aviation Boulevard, Marathon, Florida, and provide complete animal control and
enforcement services from Mile Marker 16.7 to Mile Marker 60, including the Cities of
Marathon and Key Colony Beach."
2. Effective September 1, 2010, Contractor shall operate the Big Pine Key and Marathon
Animal Shelters and provide animal control services and enforcement of laws related to
animals on a temporary month -to -month basis for a six (6) month period of time to terminate
on February 28, 2011, if not earlier terminated by either party upon thirty (30) days notice as
provided in Section III. The annual contract is increased from $32,970.44 per month to
$54,926.82 per month.
3. Section III(A)(8) is amended to read:
"8. HOURS OF OPERATIONS: At a minimum, the Key West Shelter shall be open to the
public from 10:00 a.m. to 6:00 p.m., Eastern Time, Monday through Friday, and from 10:00
a.m. to 2:00 p.m., Eastern time, on Saturdays.
Effective September 1, 2010 and on a temporary basis;
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At a minimum, the Marathon Shelter shall be open to the public from 10:00 a.m. to 2:00 p.m.,
Eastern Time, Monday through Saturday.
The Big Pine Key Shelter shall have no regular hours for access by the general public, but
will be accessible to the public by appointment for the purpose of animal control services,
such as returning stray animals to owners.
Hours of operation may be adjusted only upon mutual written consent of the Contractor and
the County Public Works Director, or designee."
4. Section IX VEHICLES is amended to read:
"Contractor shall purchase one vehicle to be owned by Contractor, conditioned upon its title
being transferred to the County upon termination or expiration of this contract, to replace the
2003 Chevrolet Astro Van (Unit 0910/081) previously leased by County to the Contractor.
County hereby leases to the Contractor two (2) County vehicles currently assigned to the Big
Pine Key and Marathon Animal Shelters identified as follows:
1. 2004 Ford F150 Truck (Unit 0910/082)
2. 2005 Ford F150 Truck (Unit 0910/1706)
5. In addition to the Key West Shelter, and in accordance with Exhibit E of the contract, the
Contractor shall obtain and maintain all required insurance coverage for the Big Pine and
Marathon Animal Shelters and operations, including the following insurance coverage
required by Section 9(c) through Section 9(f) of lease between the Utility Board of the City of
Key West, Florida, and Monroe County, dated July 23, 2008, and any renewal thereof:
General Aggregate $1,000,000.00
Products/Completed Operation $1,000,000.00
Personal and Advertising Injury $ 500,000.00
Each Occurrence $1,000,000.00
Fire Legal Liability Limit $ 100,000.00
Property, Windstorm and Flood Insurance with limits of coverage based on the current
replacement cost of the Big Pine Key and Marathon structure.
6. Section XXX. NOTICE REQUIREMENT is amended to read:
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Dent Pierce, Director
Public Works Division
1100 Simonton Street, Rm. 2-231
Key West, FL 33040
FOR CONTRACTOR:
Connie Christian, Executive Director
Jane Dawkins, President
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
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APN
Florida Keys Society for Prevention of Cruelty to Animal, Inc.
5230 College Road
Key West, FL 33040
7. All other provisions of the original contract, as amended and renewed, not inconsistent
herewith, apply to the Big Pine Key and Marathon Animal Shelters and operations and shall
remain in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By JaC . \Q,".
Deputy Clerk
(SEAL)
Attest:
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WITNESS
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
THE FLORIDA
THE PREVENTI
Title:
S SOCIETY FOR
CRUELTY TO
MONROE COUNTY ATTORNEY
PPRQV-ED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTA T NTY ATTORNEY
Date
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