07th Amendment 08/19/2020 sa '1, Kevin Madok, CPA
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° Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 21, 2020
TO: Kevin Cr. Wilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: Pamela G. H:mco .C.
SUBJECT: August 19th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C27 7th Amendment to die Key West FKSPCA Contract for Animal Control Services to
replace the estimated allowance with actual expenses for utilities, insurance, and maintenance for
the new facility.'Ibis increases to contract by$8,350.94. It is paid out of ad valorem funds.
Should you have any questions please led free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH 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 Planlatim Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
7th Amendment FKSPCA Lower Keys Animal Control contract
SE V ENETH AMENDMENT TO CONTRACT
(Operation of the Key West Animal Sheller)
THIS SEVENTH AMENDMENT TO CONTRACT is entered into this 19th day
of August, 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 May 1, 2014, and as amended on
April 20, 2016; May 17, 2017; May 16, 2018; August 15, 2018; May 22. 2019, and
July I5, 2020as follows;
WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014
for the FKSPCA to provide long-term animal control services and enforcement pursuant to the
provisions of F.S. 255.065 (formerly F.S. 287.05712) from Mile Marker 0 through Mile Marker
16.7(the Harris Channel Bridge), including the City of Key West (Agreement); and
WHEREAS, the County and FKSPCA agreed in the 4'h Amendment that the estimated
amount of increased utilities, insurance,and maintenance costs would be$196,696,and
WHEREAS, the County and FKSPCA agreed in that 4'h Amendment that the amount for the
additional expenses would be adjusted in future amendments based upon a comparison of those
expenses between those incurred at the previous facility and those incurred after occupation of the
new facility which occurred in early 2019, and
WHEREAS, the County and FKSPCA have reviewed the 2018 and 2019 expenses and have
concluded that the actual increase in expenses is actually$205,046.94 rather than the Amendment 4
estimate of$196,696.00,for a net increase in the annual stipend of$8,350.94,and
WHEREAS,the County and FKSPCA wish to include this amount in the annual stipend
replacing the estimated amount of$196,696.00, and
WHEREAS,the County and FKSPCA wish to eliminate the special accounting required to
track these additional expense by including the total amount in the annual stipend,;
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the parties
hereby agree as follows:
1. Paragraph 2, ,J17OUNT OF AGREEMENT/AVAILABILITY OF FUNDS is revised to
read as follows (new wording is underlined/removed wording is struck throughl.
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor a not to exceed
amount of Seven Hundred Sixty Eight thousand Six Hundred Four DOLLARS and Fourteen
CENTS ($768,604.141 Five Ilundred and Fifteen thousand DOLLARS and zero CENTS
($515,000)per year on a reimbursement basis.Reimbursements requests will be submitted
monthly. All expenses allowable under this contract will be reimbursed until the not to exceed
maximum for the contract year is reached. If this contract is terminated on any date other than
the annual anniversary date of the contract, the contractor will repay to the County any
reimbursements received that exceed the prorated amount based on the percentage of the
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7th Amendment FKSPCA Lower Keys Animal Control contract
contract year elapsed as of that termination date. Allowable expenses will only reimbursed in the
contract year in which they were incurred(i.e. expenses incurred in one contract year will not be
"rolled forward" for reimbursement in a subsequent year just because the prior year's maximum
reimbursement was already paid). If less than the maximum reimbursement was claimed in any
contract year, those funds shall revert to the County(i.e.,unused funds at the end of the contract
year shall not be"rolled over" into the next contract year).
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein,this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination,unless otherwise
required by law.
2. This Amendment shall be retroactively effective to May 1, 2020.
3. In all other respects, the remaining terms of the Agreement dated May 14, 2014 as amended,
not inconsistent herewith, shall remain if full force and effect.
WIgTNESS WHEREOF the parties hereto have executed this Agreement on the day andiate first!
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,1 MADOK, CLERK BOARD OF COUNTY COMMISSIONERS �'
OF MONROE COUNTY LOiDA N0
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By: 67 By:
As Deputy Clerk Ma hairman MONROE
ORN EY
�C` tiroWS�b EFMHARO
ASSISTANT COUNTY ATTORNEY
(SEAL) CONTRACTOR: NA - 8T6Y20
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY TO
ANIMALS,INC.
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Attest: 1 ) (J�/��
By: el By: . 9 J� /
WITNtSt
Title: t5J--7.1 i ire-, (1A�co-e, ',-Cr Title: Executive Director
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T"Amend' Yen[ � '� FKSPCA Lower Keys Animal Control contract
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