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Item C04 C4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: C4 2023-1029 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Tina LoSacco N/A AGENDA ITEM WORDING: Approval of the tenth amendment to the FKSPCA Key West contract for animal control services providing for a CPI adjustment of$54,204.81 (6.5%)retroactive to May 1, 2023. The annual contract amount ($888,124.93) is funded by ad valorem revenues. ITEM BACKGROUND: The contract provides for annual adjustments based on the all consumers, all good consumer price index as of December of the previous year. This year's annual change was 6.5% ($54,204.81). The effective date of the change is the anniversary date of the contract, May 1, 2023 for a total contract price of $888,124.93 per annum. PREVIOUS RELEVANT BOCC ACTION: May 1, 2014 is the initial contract approved by BOCC for animal services. This contract provides for an annual adjustment in accordance with the percentage change in the Price Index for all urban consumers (CPI-U) The BOCC has approved an annual CPI adjustment, according to the percentage change in the CPI-U for this contract starting in 2015. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve DOCUMENTATION: 2023 CPI Request FKSPCA Key West Campus 2023.pdf !2023.06.21 1Oth Amend CPI ratify - FKSPCAKW exec.pdf 2023 06 COI FKSPCA signed exp 6 30 2023.pdf 57 FINANCIAL IMPACT: Total dollar value of the contract is $888,124.93. The current year portion is estimated to be $444,063.00. This amount is budgeted and the source of funding is ad valorem revenue. 58 From: Tammy Fox-Rover To: LoSacco-Tina;Wilson-Kevin Cc: Sue Turner; Michelle Irslinaer Subject: CPI Request FKSPCA Key West Campus 2023 Date: Thursday,December 8,2022 1:52:25 PM Attachments: imaae001.12no CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. Dear Tina and Kevin, I am writing on the behalf of the Florida Keys SPCA Key West Campus located at 5711 Key West FL 33040. We respectfully request a CPI adjustment for the time period ending December 31, 2022 to be effective May 1, 2023. Thankyou! All the best, Tammy Tammy Fox Executive Director Florida Keys SPCA 59 TENTH AMENDMENT TO AMENDED AN 1) RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS TENTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 21st day of June, 2023, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention ofCruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractoi-), in order to amend the agreement entered into on May 1, 2014, as amended on April 20, 2016 and May 17, 2017 and May 16, 2018 and August 15, 2018 and May 22, 2019 and July 15, 2020 and August 19, 2020 and May 19, 2021 and May 18, 2022 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 en!"oreement and to build a new Key West animal shelter pursuant,to the provisions of I.S. 287.05712; and WHEREAS, the FKSPCA has requested a C131 adjustment as allowed under the agreement; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: I. In accordance with Paragraph 4., RENEWAL the contract amount is hereby adjusted by 6.5% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2022. Effective May 1, 2023, the total compensation paid to the Contractor for its services under this agreement shall be $888,124.93 per annum. 2. In all other respects, the remaining terms ofthe Agreement entered into on May 1, 2014, as amended and as assigned, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF- PAGE INTENTIONALLY 1,EFT BIANKI Page I oft 11"N'll I AMUNDMI"N'r U 'I'0 AMEND1311)AND RESTATU.'D AOREIMENT2014.05.01 (OPeration of the key West Animal Shelter) 60 TENTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) IN WITNESS WI-IERI',*,OF, the parties have caused these presents to be executed in the respective names. Attest: KEVIN MADOK, CLERK BOARD OFCOONTY COMMISSIONERS OF MONROE' COUNTY, FLORIDA ............ By: Deputy Clerk Mayor/Chairman Date: W n S natut-Q, THE FLORIDA KEYS SOCIETY FOR L '9 - _ THE PREVENTION OFCRUELTY 'ro Date Print Name b,ate ANIMALS, INC. Witness Signature By: r- esident Tammy Fox ExecutiveDirector 5-23-2 3 Print Name Date --- Vie� Pr Date: Address: Pik II i Allwwod as to formno legal 5ifficiency Monroe Count%,Attornev'5 Office Chlistma Con', Assistant Cotuw,,Attoinev Date:5/23123 Page 2 of 2 ff,"N'TH AMENDMF"N'I'TO AMENDED AND RESTATED AGREE"MY"ME'2014.05kl (Operation of the Key West Animal Shelter) 61 77/27/2022 (MM/DD/YYYY) '`��R" 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 NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/c No EXt: 305-294-1096 AC,No):305-294-8016 Key West FL 33040 A DRIESS, INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 INSURERA: Burlington Insurance Company 23620 INSURED FLORKEY-07 INSURERB: Progressive Express Insurance Company 10193 Florida Keys S.P.C.A. 5711 College Rd INSURERC:Arch Insurance Company 11150 Key West FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1458978646 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y 53513537840 7/1/2022 7/1/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO LOC PRODUCTS-COMP/OP AGG $ JECT OTHER:El $ B AUTOMOBILE LIABILITY Y 06456454 6/30/2022 6/30/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y 53513537840 7/1/2022 7/1/2023 2000000 C Directors&Officers Liability NFP0125245-05 7/1/2022 7/1/2023 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC DATE 61j 12023 1100 Simonton St WAIVER N/A_YES_ AUTHORIZED REPRESENTATIVE Key West FL 33040 /' o ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 62 75T/31/2023 E(MM/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 NAME: Prime Insurance Solutions,Inc. PHONN Et): (321)259-7920 aAiC No): 321 259-7921 3040 N.Wickham RD. EMAIL ADDRESS: Suite 8 Melbourne FL,32935 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: FCBI-FUND 15764 INSURED INSURER B: Florida Keys Society for the Prevention INSURER C: of Cruelty to Animals, Inc. INSURER D: 5711 COLLEGE RD KEY WEST, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ TED CLAIMS-MADE OCCUR PREM SES Ea occurrence) $ APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ BY x .'w//' -- PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: DATE 6/1/ZO23 GENERAL AGGREGATE $ POLICY PRO- JECT ❑ LOC WAIVER N/A—YES— PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECU I VE Y� N/A E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? 10664132-2022 03/29/23 03/29/24 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. EMAIL: flatt-jaclyn@monroecounty-fl.gov AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 63 75/31/2023 (MM/DD/YYYY) A�" CERTIFICATE OF PROPERTY 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. PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/c No Ext:305-294-1096 vc No):305-294-8016 Key West FL 33040 A DRIESS, PRODUCER FLORKEY-07 CUSTOMER ID: License#:L100460 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Old Dominion Insurance Company 40231 Florida Keys S.P.C.A. Wright National Flood Insurance Company 11523 5711 College Rd INSURER B: g P Y Key West FL 33040 INSURER C: Lloyds Insurance Company S.A. 0 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 762716345 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5711 College Rd,Key West, FL 33040 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DDIYYYY) C X PROPERTY MPC0604877 12/28/2022 12/28/2023 X BUILDING $7,500,000 B 091151775622 3/8/2023 3/8/2024 CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $1,000,000 BASIC BUILDING BUSINESSINCOME $ 25,000 BROAD CONTENTS EXTRA EXPENSE $ X SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ X WIND 225,000 BLANKET PERS PROP $ X FLOOD 50,000 BLANKET BLDG&PP $ X Bldg-Flood $500,000 X Contents-Flood $500,000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS NAMED PERILS POLICY NUMBER $ A X CRIME F271572-N 6/26/2022 6/26/2023 $100,000 TYPE OF POLICY $ Employee Dishonestry BOILER&MACHINERY/ EQUIPMENT BREAKDOWN $ SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD 64 75/31/2023 (MM/DD/YYYY) A�" CERTIFICATE OF PROPERTY 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. PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/c No Ext:305-294-1096 vc No):305-294-8016 Key West FL 33040 A DRIESS, PRODUCER FLORKEY-07 CUSTOMER ID: License#:L100460 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Old Dominion Insurance Company 40231 Florida Keys S.P.C.A. Wright National Flood Insurance Company 11523 5711 College Rd INSURER B: g P Y Key West FL 33040 INSURER C: Lloyds Insurance Company S.A. 0 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 762716345 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5711 College Rd,Key West, FL 33040 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DDIYYYY) C X PROPERTY MPC0604877 12/28/2022 12/28/2023 X BUILDING $7,500,000 B 091151775622 3/8/2023 3/8/2024 CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $1,000,000 BASIC BUILDING BUSINESSINCOME $ 25,000 BROAD CONTENTS EXTRA EXPENSE $ X SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ X WIND 225,000 BLANKET PERS PROP $ X FLOOD 50,000 BLANKET BLDG&PP $ X Bldg-Flood $500,000 X Contents-Flood $500,000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS NAMED PERILS POLICY NUMBER $ A X CRIME F271572-N 6/26/2022 6/26/2023 $100,000 TYPE OF POLICY $ Employee Dishonestry BOILER&MACHINERY/ EQUIPMENT BREAKDOWN $ SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016/03) The ACORD name and logo are registered marks of ACORD 65