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1st Amendment 10/19/2022 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 9, 2023 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: October 19th BOCC Meeting The following items has been executed and added to the record: F49 1 st Amendment to extend the Agreement with STR, Inc. to December 31, 2024 at the renewal rate of$32,940 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT (1"Amendment) TO AGREEMENT THIS AMENDMENT to Agreement is entered into this 19th day of October 2022 between the Board of County Commissioners for Monroe County, a political subdivision of the state of Florida (County), on behalf of the Tourist Development Council, and STR, LLC. (STR). WHEREAS, there was an Agreement entered into on January 20, 2021 for STR to provide market reports; and WHEREAS, the original Agreement with STR provides an option to extend the Agreement for one (1) additional twenty-four (24) month period at the agreed upon renewal rates. WHEREAS, the parties desire to exercise the option to extend Agreement for an additional twenty-four (24) month period at the agreed upon renewal rates; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 1 of the Agreement shall be amended to read: DURATION AND TERMINATION: This Agreement shall expire on December 31, 2024. Either party may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. In the event that the STR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the STR. If the County determines that STR has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given STR written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 2. Paragraph 3 of the Agreement shall be amended to read: PAYMENT AND INVOICE: As consideration for subscribing to the Destination Reports, starting on January 1, 2023, and for a period of one (1) year, BOCC agrees to pay STR an annual total of $32,940 in quarterly installments of $8,235 each payable within ten (10) days of the end of the quarter for which it is due. For the year 2024, BOCC agrees to pay an annual rate which shall be V Amendment-STR Agreement I D 2453 1 adjusted using the CPI-U for South Florida for year ending December 2023. Annual rate will be automatically adjusted upon submission of supporting documentation with the applicable CPI rate. Invoices shall be submitted to the County with supporting documents, as applicable, that is acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 3. All references to the termination date shall be revised to read December 31, 2024. 4. The remaining provisions of the Agreement dated January 20, 2021, shall remain in full force and effect. REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK V Amendment-STR Agreement I D 2453 2 IN WITNESS WHEREOF; the parties hereto have caused this Agreement to be executed the day and year first above written. WV ) Board of County Commissioners z t I evin Madok of Monroe County 61 fi' o, 4, \A\ N efik 1,,, ....% _ °.y�= C` ty erk M y _ a r' airman ' '.,..'*,azii.,--arro e" , awiAr...- STR, LLC MONROEE COUNTY ATTORNEY list gyko o,�M°-:nn,n6 LYlACN ISTANTT' ATTORNEY R WS ASSISTANT COUNTY ATTORNEY By DATE: 8129122 Direc or, B/DOM Operations Lynsie Bennett 8/26/2022 Print Name Date AND TWO WITNESSES (1) (2) �y� Ua -(1) /el/ ��L� erS- �L� (2) Kye But 1 e r Print Name Print Name Date: 8/26/2022 Date: 8/26/2022 s� -. —i — C A. C- 1st Amendment-STR Agreement ID 2453 3 �•—� E!14/2022 DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this °—_' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT R NAME: Aon Risk services Northeast, Inc. PHONE FAX W A/C.No.Ext): 8662837122 A/C No : (800) 363-0105 'O New York NY Office ( 0 One Liberty Plaza E-MAIL x 165 Broadway, suite 3201 ADDRESS: New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Berkley National Insurance company 38911 STR, LLC INSURER B: 735 East Main St. Hendersonville TN 37075 USA INSURER C: INSURER D: INSURER E: INSURER F: El COVERAGES CERTIFICATE NUMBER: 570096482739 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YyYYL LIMITS A X COMMERCIAL GENERAL LIABILITY TCP701491713 07 01 2022 07 01 2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 N POLICY CI PE LOC PRODUCTS-COMP/OP AGG $2,000,000 rn OTHER: o r A AUTOMOBILE LIABILITY TCA7015094-13 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT $1,000,000 A05 Ea accident A X ANYAUTO TCA7015093-13 07/01/2022 07/01/2023 BODILY INJURY(Per person) •• O OWNED SCHEDULED MA BODILY INJURY(Per accident) W AUTOS AUTOS ONLY PROPERTY DAMAGE HIRED AUTOS NON-OWNED R ONLY AUTOS ONLY Per accident U 'E W UMBRELLA LIAB OCCUR EACH OCCURRENCE U ]EEB CLAIMS-MADE AGGREGATE TENTION A WORKERS COMPENSATION AND Twc7014918-13 07/01/2022 07/01/2023 X I PER STATUTE I LOTH EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE V/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 D ESCdescribe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe county Board of county commissioners is included as Additional Insured in accordance with the policy provisions Of the General Liability & Auto Liability policies. 7 IraNT �. h 12 27 . 22 DAT CERTIFICATE HOLDER CANCELLATION mymc.. J SHOULD ANY OF THE AUUVe UhbUKWhU VUuues ee UANUCLLCU eerUrm ine EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH - 1- POLICY PROVISIONS. 4® Monroe county Board AUTHORIZED REPRESENTATIVE of county commissioners 1100 Simonton street - Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD �•—� E!14/2022 DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this °—_' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT R NAME: Aon Risk services Northeast, Inc. PHONE FAX W A/C.No.Ext): 8662837122 A/C No : (800) 363-0105 'O New York NY Office ( 0 One Liberty Plaza E-MAIL x 165 Broadway, suite 3201 ADDRESS: New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Berkley National Insurance company 38911 STR, LLC INSURERB: continental casualty company 20443 735 East Main St. Hendersonville TN 37075 USA INSURER C: INSURER D: INSURER E: INSURER F: El COVERAGES CERTIFICATE NUMBER: 570096482740 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YyYYL LIMITS A X COMMERCIAL GENERAL LIABILITY TCP701491713 07 01 2022 07 01 2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 0 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 N CPE $2,000,000POLICY LOC PRODUCTS-COMP/OP AGG rn OTHER: o r A AUTOMOBILE LIABILITY TCA7015094-13 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT $1,000,000 A05 Ea accident A X ANYAUTO TCA7015093-13 07/01/2022 07/01/2023 BODILY INJURY(Per person) •• O OWNED SCHEDULED MA BODILY INJURY(Per accident) W AUTOS AUTOS ONLY PROPERTY DAMAGE HIRED AUTOS NON-OWNED R ONLY AUTOS ONLY Per accident U 'E W A X UMBRELLA LIAB X OCCUR TCP701491713 07/01/2022 07/01/2023 EACH OCCURRENCE $10,000,000 O CLAIMS-MADE AGGREGATE $10,000,000 ]jaB TENTION A WORKERS COMPENSATION AND Twc7014918-13 07/01/2022 07/01/2023 X I PER STATUTE I LOTH EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE V/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 D ESCdescribe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B E&O-MPL-Primary 652240413 07/01/2022 07/01/2023 Limit of Liability $10,000,000 claims-Made =_ SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe county Board of county commissioners and STR, LLC are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. ByL CERTIFICATE HOLDER CANCELLATION A 11 KtkXVW,. JJ SHOULD ANY OF THE �' EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE '-i POLICY PROVISIONS. 4® Monroe county Board AUTHORIZED REPRESENTATIVE of county commissioners 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD