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09th Amendment 06/21/2017Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: Junc 29, 2017 TO: Kcvin Wilson, Assistant County Administrator Public Works & Engineering VIA: Tina LoSacco Engineering FROM: Paincla G. Hancoa.C. SUBJECT: Junc 21st BOCC Mecting Enclosed is a duplicate original of Itcm C26, 9th Amendment to the Contract dated 04- 18 -2007 with Humane Animal Care Coalition, Inc. (HACC) for operation of the Key Largo Animal Shelter for 2.1% CPI -U adjustment effective July 1, 2017, and an update to the public records language, for your handling. Should you liave any questions, please lccl lice to contact me at ext. 3130. 'Thank you. cc: County Attorney copJ' Finance electronic copJ File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305- 289 - 6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 9 1h AMENDMENT TO AGREEMENT (Operation of the Key Largo Animal Shelter) THIS 9 1h AMENDMENT TO AGREEMENT is entered into this 21st day of June, 2017, between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition, Inc. (HACC /Contractor), in order to amend the Agreement entered into on April 18, 2007, ( "Agreement "), as amended on August 15, 2007, May 19, 2010, September 21, 2011, September 21, 2012, April 16, 2014, February 18, 2015, May 20, 2015, and February 10, 2016, as follows: WHEREAS, the terms of the original contract 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 twelve (12) months available; and WHEREAS, the contractor, HACC has timely requested a CPI adjustment as allowed under the agreement; and 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 2.1% for the CPI for all urban consumers (CPI -U) for the most recent twelve (12) months available ending December 2016, effective July 1, 2017. Effective July 1, 2017, the total compensation paid to the Contractor for its services under this agreement shall be $291,790.32 per annum or $24,315.86 per month. 2. In accordance with Section XX of the Agreement, PUBLIC RECORDS, shall read: Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a Page 1 of 3 reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292- 3470 BRADLEY- BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. Page 2 of 3 3. In all other respects, the remaining terms of the Agreement entered into on April 18, 2007, as amended, 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. {SEAL) Attest: KEVIN MADOK, CLERK By '; Deputy Clerk Witness Signature fitness Signature IS hn= Print Name Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman Date: HUMANE ANIMAL CARE COALITION, INC. ' .t Date: 1 , 20 MONROE COUNTY ATTORNEY'S OFFICE t APPROVED,AS TO FOR PATRICIA EABLES ASSISTANT CQUN ATTORNEY DATE: (� Z Page 3 of 3 Print Name Date V W cc c� © Q1 3 vo � N w ;� x cz BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairman Date: HUMANE ANIMAL CARE COALITION, INC. ' .t Date: 1 , 20 MONROE COUNTY ATTORNEY'S OFFICE t APPROVED,AS TO FOR PATRICIA EABLES ASSISTANT CQUN ATTORNEY DATE: (� Z Page 3 of 3 Print Name Date