3rd Amendment 06/17/2020 = "w: ',, Kevin Madok, CPA
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`'� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: June 29, 2020
TO: Kevin C.Wilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: Pamela G. Hanco�.C.
SUBJECT: June 17th 13OCC Meeting
Attached is an electronic copy of the following item for your handling:
Q7 3rd Amendment to Contract with Florida Keys Society for Prevention of Cruelty to
Animals, Inc. for operation of die Marathon Animal Shelter reflecting a five-year renewal; and a
CPI increase of 2.3%eRectiveJuly 1, 2020.The agreement amount will increase to $452,871.63
per year.
__Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD AMENDMENT TO CONTRACT
(Operation of the Marathon Animal Shelter)
THIS THIRD AMENDMENT TO CONTRACT is entered into this 17th day of
June, 2020, 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 dated November 14, 2017, and as
amended on May 16, 2018 and May 22,2019, as follows;
WHEREAS, as a result of the competitive solicitation issued by the County, the FKSPCA
and County entered into an agreement dated November 14, 2017 whereby the FKSPCA will
operate the Marathon Animal Shelter and provide animal control services from Mile Marker 16.7
to Mile Marker 70 (Agreement). The term of the Agreement is November 15, 2017 to June 30,
2020; and
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 ending in December of each year; and
WHEREAS, the Agreement was amended by a First Amendment dated May 16. 2018
to adjust the contract amount by 2.1%, which increased the contract to $434,435.50 per annum
or $36,202.96 per month; and
WHEREAS, the Agreement was amended by a Second Amendment dated May 22,
2019 to adjust the contract amount by 1,9%, which increased the contract to $442,689.77 per
annum or $36,890.81 per month; and
WHEREAS,The contract provides for one five year renewal which the County and FKSPCA
wish to exercise, and
WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the
Agreement; and
WHEREAS, the second Amendment corrected a `scrivener's error"which made
the effective date of the CPI adjustments November 15th consistent with the contract anniversary
date,and
WHEREAS,County and FKSPCA wish the CPI effective dates to coincide with the
contract anniversary dates, and
WHERAS,the new contract anniversary date will be July 1';
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
I. Paragraph I, TERM, will be amended to read as follows:
This agreement shall be effective on November 15,2017, and end at 12:00 midnight on June 30,
2025,as permitted in accordance with Section V.
2. Paragraph V, RENEWAL, will be amended to read as follows:
The County shall have the option to renew this agreement after the original term, for one
(1) additional five-year period. The contract amount agreed to herein 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 twelve (12) months ending in December of
each year. In order to avoid retroactive CPI adjustments, the Contractor must request in
writing CPI adjustments no later than January 31st of each year for the upcoming contract
period of July 1st. Failure to timely request annual CPI adjustments will result in waiver of
the CPI adjustment for that year.
3. In accordance with Paragraph V, RENEWAL the contract amount is hereby adjusted by
2.3% CPI for all urban consumers(CPI-U) for the most recent 12 months ending on
December 31, 2019. Effective July I, 2020, the total compensation paid to the Contractor for
its services under this agreement shall be $452,871.63 per annum.
4. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not
inconsistent herewith, shall remain if full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
(4,
e in two (2) counterparts, each of which shall, without proof or accounting for the other
It- deemed an original contract.
�: ��MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
� OF MONROE COUNTY, FLOIDA
By: C By:
as eputy Clerk Ma r hainnan
(SEAL) CONTRACTOR:
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY Tom' a
ANIMALS, INC 73 c c .c
Attest: x
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A \J iD 73
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WITNESS _ KS
Title: Title: 6-9-71J71J > cn o
By: Tammy Fox, Executive Director FKSPCA
WITNESS
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